Buying in Spain
Buying an apartment in Marbella — full guide
Process
Apartment purchases in Marbella are faster and lower-risk than villa purchases, but community-of-owners disputes and special derramas (one-off community levies) are the main hidden risks.
How the process actually works
Always pull the last three years of community meeting minutes before exchange — it tells you everything about the building's politics and pending capital expenditure.
Costs and timeline
Allow 10–13% of purchase price for transaction costs (resale; new-build is slightly higher). Reservation deposit at offer (€6,000–30,000 typical), 10% deposit at exchange (Arras contract), balance at notary completion. Total timeline from accepted offer to keys: 6–10 weeks clean resale.
Who you actually need
An independent lawyer (not the one the agent or seller recommends), a gestor for tax and admin, an FX broker if you're transferring from outside the euro, and an agent who actually transacts in the specific micro-market. Skip any of these and you will pay for it later.
Frequently asked questions
- Can I buy without being a resident?
- Yes. Non-residents buy freely. Only the annual tax treatment differs (Modelo 210).
- Is the deposit refundable?
- The 10% Arras deposit is double-or-nothing under standard Spanish contract law — buyer walks, buyer loses 10%; seller walks, seller pays back 20%.
- Do I need a Spanish bank account?
- Yes — for utilities, community fees, taxes and the mortgage if applicable. Opening takes a week or two with NIE in hand.
- Can the lawyer act remotely?
- Yes. A Power of Attorney (Poder) signed at the Spanish consulate in your home country or by apostille lets the lawyer complete on your behalf without you flying in.
