fbp Frequently Asked Questions | Marbella For Sale

Buying Spanish Property
Frequently Asked Questions

Buying a Property

Yes, but buying land for construction requires careful planning and legal due diligence. Before purchasing, your lawyer and architect should confirm the land's planning classification, permitted use, buildability, occupation limits, setbacks, height restrictions, and any other conditions imposed by the applicable municipal planning regulations. Planning rules vary between municipalities and even between individual zones. Never assume that a plot can accommodate your intended property simply because nearby land has been developed. The planning status and building possibilities should be verified before you commit to the purchase.
Yes. Although a full structural survey is not automatically required when purchasing property in Spain, an independent technical inspection can be very worthwhile, particularly for older villas, renovated properties, or homes showing signs of defects. A qualified architect, technical architect (arquitecto técnico), or appropriately qualified surveyor can inspect areas such as the structure, roofing, waterproofing, electrical installation, plumbing, damp, drainage, and visible building defects. The buyer normally arranges and pays for the survey. A technical inspection complements, rather than replaces, the legal due diligence carried out by your lawyer.
Yes. Spanish banks regularly provide mortgages to both residents and non-residents, although lending criteria and loan-to-value ratios vary between lenders and applicants. Non-resident buyers are commonly offered lower loan-to-value ratios than Spanish residents, often around 60% to 70% of the lower of the purchase price or bank valuation, while qualifying residents may be able to borrow a higher proportion. Banks assess income, existing debts, employment or business history, age, creditworthiness, and the property itself. Fixed-rate, variable-rate, and mixed mortgages are available, and the applicable interest rate and term depend on the lender, market conditions, and the applicant's financial profile.

Selling a Property

Yes. Subject to normal banking, anti-money-laundering, and tax requirements, sale proceeds can generally be transferred from Spain to an overseas bank account. If the seller is non-resident for Spanish tax purposes, the buyer is normally required to withhold 3% of the agreed sale price and pay it to the Spanish Tax Agency as a payment on account of the seller's potential Non-Resident Income Tax liability. The seller then declares the transaction and calculates the actual capital gain or loss. If the 3% withheld exceeds the final tax liability, the excess can be reclaimed. Capital gains arising from the sale of Spanish property by a non-resident individual are generally taxed at 19%, subject to applicable rules, exemptions, and double-taxation arrangements. Your lawyer or tax adviser should calculate the position for your particular sale.
On the Costa del Sol, estate agency commission is normally agreed with and paid by the seller under the agency's listing or sales agreement. The precise commission, VAT treatment, and payment terms should always be confirmed in the agency agreement. Buyers should also check whether any separate buyer-side service or representation fee applies before entering into an agreement.

General Questions

Following completion, the buyer or their legal representative should arrange the transfer of utility contracts and establish payment instructions for recurring expenses. Electricity, water, community fees, IBI (local property tax), waste charges, insurance, and other regular property costs are commonly paid by direct debit from a Spanish or SEPA-compatible bank account. Your lawyer should also verify during the purchase process that outstanding property-related debts have been identified and dealt with appropriately.
In everyday property terminology, an urbanization (urbanización) generally refers to a planned residential development or defined residential area, often with shared infrastructure or communal facilities. It may contain apartments, townhouses, villas, or building plots and can include private roads, gardens, swimming pools, security, or other communal services. However, the word itself should not be treated as proof that a property or plot has a particular legal planning status. Buyers should have their lawyer verify the property's planning classification, licences, registration, and permitted use with the relevant authorities, particularly when purchasing land or property in rural or less-developed locations.

Spanish property taxation depends on factors including whether you are resident or non-resident, whether the property is rented, its value, how it is owned, and whether it is being purchased, held, or sold.

IBI: Owners normally pay annual municipal property tax (Impuesto sobre Bienes Inmuebles), commonly known as IBI. The amount is based on the property's cadastral value and the rate applied by the local municipality.

Non-Resident Income Tax: Non-resident individual owners of Spanish urban property may have a Spanish Non-Resident Income Tax obligation even when the property is not rented. For properties available for personal use or left vacant, an imputed income is generally calculated by applying the relevant statutory percentage to the cadastral value. Rental income from Spanish property is also subject to Spanish taxation. Rates, permitted deductions, and filing requirements depend partly on the owner's country of tax residence.

Wealth Tax: Wealth Tax can apply depending on the owner's circumstances and the value of taxable assets. Non-residents are generally taxed on qualifying Spanish assets and currently benefit from a general €700,000 exempt minimum under the applicable state rules, although regional rules, deductions, exemptions, and the separate Temporary Solidarity Tax on Large Fortunes can affect high-value cases. Specialist tax advice is strongly recommended for owners with substantial Spanish assets.

Selling as a non-resident: When a Spanish property is sold by a non-resident, the buyer normally withholds 3% of the sale price and pays it to the Spanish Tax Agency on account of the seller's tax liability. The seller subsequently declares the capital gain or loss. Capital gains on the disposal of Spanish property by non-resident individuals are generally taxed at 19%, subject to the applicable rules and any available relief.

Tax residence: Spanish tax residence is determined under tax law and is not simply the same as holding a residence permit. Spending more than 183 days in Spain during a calendar year is one important test, but other factors can also be relevant.

Property taxation can change and individual circumstances differ considerably. Owners and prospective buyers should obtain advice from a qualified Spanish tax adviser or lawyer before relying on a calculation.

EU, EEA, and Swiss citizens may stay in Spain for up to three months with a valid passport or national identity document without registering as residents. Those intending to remain for more than three months must meet the applicable residence conditions and register in Spain within the required period. For many visa-exempt non-EU nationals, including British and US citizens, short visits to the Schengen Area are generally limited to a maximum of 90 days in any rolling 180-day period. Different rules apply to holders of residence permits or long-stay visas and to nationals who require a Schengen visa. Immigration rules depend on nationality and personal circumstances, so anyone planning an extended stay should check the current official requirements before travelling.

Marbella and the wider Costa del Sol offer a broad choice of public, private, and international schools. International education is available in English, Spanish, German, French, Swedish, and other languages, depending on the school, with curricula including the Spanish system, British qualifications, and the International Baccalaureate.

Well-known schools in and around the Marbella area include Aloha College, Swans International School, English International College, Laude San Pedro International College, Colegio Atalaya, Deutsche Schule Málaga, Svenska Skolan Marbella, and École Française Internationale de Marbella, among others.

Spanish state schools teach primarily in Spanish and follow the national and Andalusian education system. Families relocating permanently should consider the child's age, language ability, preferred curriculum, commuting distance, admission requirements, and future university plans when selecting a school.

Places at popular international schools can be limited, so families planning a move are advised to contact schools directly well in advance to confirm current admissions procedures, fees, curricula, and availability.

Yes. Marbella and the Costa del Sol have both public and private healthcare facilities, including Hospital Universitario Costa del Sol and a wide range of private hospitals, clinics, specialists, dentists, and medical centres.

Access to Spain's public healthcare system depends on your circumstances. People working and paying Social Security contributions in Spain will normally obtain healthcare rights through the Spanish system. Pensioners and certain other people insured in another eligible European country may be able to register healthcare entitlement in Spain using an S1 form. The European Health Insurance Card (EHIC) is intended for medically necessary state healthcare during temporary stays and should not be treated as a substitute for comprehensive cover when relocating permanently.

Private medical insurance is widely available and is also required in some residence or visa situations. Premiums vary considerably according to age, coverage, medical history, excess, and provider, so it is better to obtain current individual quotations than rely on a standard monthly figure.

Marbella and the Costa del Sol offer an unusually broad property market, including apartments, penthouses, townhouses, detached villas, beachfront homes, golf properties, new developments, building plots, and rural estates.

There is no meaningful single 'average price' for the Costa del Sol because values vary enormously according to municipality, neighbourhood, proximity to the sea, views, property condition, age, plot size, facilities, and build quality. Prime locations such as Marbella's Golden Mile, beachfront Puerto Banús, Sierra Blanca, La Zagaleta, and the best parts of Nueva Andalucía can command substantially higher prices than properties in secondary coastal or inland locations.

Apartments remain popular with international buyers, particularly in gated communities offering pools, gardens, security, and easy access to beaches or amenities. Townhouses provide additional living space and often combine private outdoor areas with communal facilities. Villas range from traditional Andalusian homes to newly built contemporary properties, while luxury estates can include extensive plots, private pools, gyms, spas, cinemas, and advanced home-automation systems.

New-build demand has also increased the availability of energy-efficient homes incorporating improved insulation, solar technology, aerothermal systems, and smart-home features.

Because asking prices and market conditions change continuously, buyers should compare current properties in the specific locations they are considering rather than rely on historic coast-wide averages. Marbella For Sale can provide current listings and comparable options according to location, budget, and property type.

The Costa del Sol offers a wide variety of locations, from internationally known luxury destinations to traditional Andalusian towns, family-oriented residential areas, golf communities, and quieter coastal resorts.

Marbella Centre and the Golden Mile combine beaches, restaurants, established residential areas, and some of the coast's most prestigious real estate. The Golden Mile links central Marbella with Puerto Banús and includes landmark hotels, luxury apartment communities, and high-end villas.

Puerto Banús is centred around its famous marina and offers designer shopping, restaurants, nightlife, beaches, and luxury apartments. It is particularly attractive to buyers who want to be within walking distance of amenities and an active social environment.

Nueva Andalucía, immediately inland from Puerto Banús, is one of Marbella's largest residential areas and is widely known as the Golf Valley because of courses including Las Brisas, Aloha, and Los Naranjos. It offers apartments, townhouses, and villas and is popular with permanent residents as well as second-home owners.

Marbella East includes areas such as Elviria, Las Chapas, Cabopino, and Los Monteros. The area is known for beaches, established residential communities, schools, golf, and a mix of apartments and villas.

Benahavís combines a traditional village with some of the region's most exclusive residential estates and golf communities. Elevated locations often provide extensive mountain, golf, and Mediterranean views.

Estepona and the New Golden Mile have experienced substantial development and infrastructure investment and offer everything from beachfront apartments to new contemporary developments and villas.

Further east, Mijas Costa, La Cala de Mijas, Fuengirola, and Benalmádena provide a broad range of coastal property and established amenities, while to the west Casares, Manilva, and Sotogrande offer alternatives ranging from more affordable coastal homes to internationally recognised luxury golf, marina, and resort properties.

Málaga-Costa del Sol Airport provides international access to the region. The Cercanías railway currently serves Málaga through to Fuengirola but does not extend west to Marbella, so road and bus connections remain particularly important in Marbella, Estepona, Benahavís, and the western Costa del Sol.

The best location depends on lifestyle rather than simply price: beach access, golf, schools, nightlife, privacy, public transport, commuting, and year-round services should all be considered when choosing an area.

Professional property management is widely available throughout Marbella and the Costa del Sol and is particularly useful for owners who do not live in Spain year-round.

Services can include regular property inspections, key holding, cleaning, linen, garden and pool maintenance, arranging repairs, supervising contractors, paying agreed property expenses, preparing a home before an owner's arrival, and responding to emergencies. Owners who rent their property may also use a manager for guest communication, check-in and check-out, cleaning, maintenance, pricing, and booking administration.

Fees vary considerably according to the property and level of service. Some companies charge a monthly management fee, while holiday-rental management is often charged as a percentage of rental revenue. Owners should obtain a written agreement explaining the services included, authority to incur expenses, reporting arrangements, insurance, cancellation terms, and any additional charges.

Tourist rentals require particular care. In Andalucía, a property offered as a vivienda de uso turístico must comply with the applicable tourism and municipal planning requirements and, where required, be registered through the appropriate declaration process. Since April 2025, owners beginning tourist-rental activity in properties subject to Spain's Horizontal Property Law may also need prior express approval from the community of owners under the statutory voting rules. Additional national short-term rental registration requirements may also apply.

Because tourist-rental rules have changed significantly in recent years and municipalities can impose their own planning restrictions, owners should verify the current legal position for the specific property before advertising or accepting bookings.

For properties close to the sea, preventive maintenance is especially important because humidity, strong sunlight, and salt air can affect air-conditioning systems, metalwork, exterior finishes, and furnishings. Regular inspections can identify leaks, damp, electrical problems, or equipment failures before they become expensive repairs.

Marbella combines Mediterranean coastal living with a highly international community and year-round services. Beaches, golf, restaurants, marinas, international schools, private healthcare, shopping, sports facilities, and outdoor activities make the area suitable for both permanent residence and second-home ownership.

The Sierra Blanca mountains immediately behind Marbella help give the municipality its distinctive landscape, while the Mediterranean coastline provides beaches, water sports, sailing, paddleboarding, and boating. Inland areas offer hiking and cycling, including routes around La Concha, Istán, and the Sierra de las Nieves National Park.

Golf is an important part of life on the Costa del Sol, with a large concentration of courses between Málaga and Sotogrande. Nueva Andalucía is particularly well known for golf, while internationally recognised courses are also found around Benahavís, Estepona, Mijas, Casares, and Sotogrande.

Marbella is not solely a resort destination. Its Old Town retains a strong Andalusian identity, with historic streets, plazas, churches, local restaurants, and traditional events. Málaga, approximately an hour away depending on traffic, adds major museums, cultural venues, shopping, and transport connections.

The international population means English and several other European languages are widely spoken in many businesses and professional services. At the same time, learning Spanish can make a significant difference for people relocating permanently and helps residents integrate more fully into local life.

Different parts of the coast offer very different lifestyles. Puerto Banús and the Golden Mile suit buyers looking for restaurants, shopping, nightlife, and luxury amenities; Nueva Andalucía appeals strongly to golfers and families; Marbella East offers established beachside and residential communities; and Benahavís, Estepona, Mijas, Casares, and Sotogrande provide further options ranging from village life to private luxury estates.

Foreign buyers can purchase property in Spain, but independent legal advice and proper due diligence are strongly recommended. The precise transaction varies, but the process commonly includes the following stages.

NIE Number

Foreign purchasers require an NIE (Número de Identidad de Extranjero) for property and tax-related transactions in Spain. Your lawyer can usually assist with the application, often under power of attorney where appropriate.

Independent Legal Representation

Your lawyer should verify ownership and Land Registry information, mortgages and other registered charges, planning and licensing matters, community debts where applicable, IBI payments, cadastral information, and other documentation relevant to the property. Additional checks may be necessary for new developments, rural properties, renovated homes, or properties with extensions.

Reservation and Private Contracts

A reservation payment may be used to remove a property from the market while initial checks are undertaken. A private purchase contract is commonly signed later, often accompanied by a deposit. Ten per cent is common in many transactions, but the amount and legal consequences depend on the contract. Buyers should obtain legal advice before signing or transferring significant funds.

Completion

Completion normally takes place through execution of the public deed of sale (escritura pública de compraventa) before a Spanish notary. The deed is subsequently presented to the Land Registry so that the purchaser's ownership can be registered.

Taxes on Resale Property in Andalucía

The general Property Transfer Tax (ITP) rate for the purchase of resale real estate in Andalucía is currently 7%. Reduced rates can apply in certain qualifying circumstances.

Taxes on New Residential Property

A qualifying first sale of a new residential property by a developer is generally subject to 10% VAT (IVA). The public deed for a purchase subject to VAT is also generally subject to Andalucía's Actos Jurídicos Documentados (AJD), for which the general rate is currently 1.2%, although reduced rates can apply in certain circumstances.

Other Purchase Costs

Buyers should also budget for legal fees, notary costs relating to the purchase deed, Land Registry fees, and other transaction-specific expenses. The total percentage varies according to whether the property is new or resale, its price, financing, and the professional services required, so a lawyer should prepare an individual cost estimate before purchase.

Mortgages

Spanish banks offer mortgages to residents and non-residents. A lender will normally require financial documentation and an approved property valuation. Under current Spanish mortgage rules, the borrower normally pays for the property valuation, while the lender bears the notary, registration, tax, and gestoría costs associated with formalising the mortgage itself. This should not be confused with the separate costs of purchasing the property.

Ongoing Ownership Costs

Owners should budget for IBI, community fees where applicable, waste charges, utilities, insurance, maintenance, and applicable resident or non-resident taxes.

Inheritance

Cross-border succession can involve both Spanish law and the law of the owner's nationality. EU Succession Regulation 650/2012 can allow a person to choose the law of their nationality to govern their succession where the Regulation applies and the choice is properly made. Owners should take individual legal advice about Spanish wills, succession planning, and inheritance taxation.

Tax rates and legal requirements can change, and reduced tax rates or exemptions may depend on individual circumstances. Buyers should therefore obtain a current written calculation and legal review before committing to a transaction.

Spanish banks provide mortgages to both residents and international buyers, but approval depends on the applicant's financial profile and the property being purchased.

Residents and Non-Residents

Non-resident buyers are commonly offered lower loan-to-value ratios than Spanish residents. A non-resident mortgage may typically finance around 60% to 70% of the lower of the purchase price or appraised value, while qualifying residents may be able to obtain financing of up to around 80%. These are general market practices rather than guaranteed lending limits, and individual banks apply their own criteria.

Affordability

Banks assess income, employment or business activity, existing loans, regular financial commitments, savings, age, credit history, and the source of the buyer's funds. Lenders generally expect total monthly debt commitments to remain at a sustainable proportion of net household income.

Mortgage Types

Fixed-rate, variable-rate, and mixed mortgages are available. Variable mortgages are commonly linked to Euribor plus a lender margin, while fixed mortgages provide a set interest rate for the agreed term. Mixed products generally provide an initial fixed period followed by a variable rate. The most suitable option depends on the borrower's circumstances and attitude to interest-rate risk.

Documentation

Applicants may be asked to provide passports or identity documents, NIE numbers, employment contracts, payslips, tax returns, company accounts for self-employed applicants, recent bank statements, details of existing borrowing, proof of savings, and documentation relating to the property. Non-resident applicants should expect the bank to request documents from their home country and, where necessary, translations.

Property Valuation

A regulated valuation (tasación) is normally required. Under current mortgage rules, the borrower generally pays for the valuation. Spanish lenders must accept a valid valuation supplied by the customer when it has been prepared by an approved valuation company and meets the applicable requirements, although the bank may carry out its own checks.

Mortgage Formalisation Costs

Under Spain's current mortgage-credit rules, the lender bears the notary, Land Registry, tax, and gestoría costs associated with formalising the mortgage. The borrower normally pays the valuation and may incur other costs relating to the property purchase itself or optional products and services.

Insurance and Linked Products

Buildings insurance will generally be required where a mortgaged property is concerned. Banks may offer interest-rate reductions in exchange for products such as salary deposits, insurance, cards, or other services. Buyers should compare the overall cost of the mortgage rather than looking only at the headline interest rate.

Timing

Mortgage approval can take several weeks, particularly for non-resident applicants. Buyers requiring finance should therefore obtain an early assessment or agreement in principle before committing to contractual deadlines they may be unable to meet.

Mortgage products, interest rates, lending criteria, and Euribor change over time. Buyers should obtain current offers from several lenders or use a suitably qualified mortgage adviser rather than relying on historic rates.