Buying in Spain
Buying a villa in Marbella — full guide
Process
Villa purchases in Marbella have specific risk-points beyond the standard apartment process — first occupancy licences, urban planning files, swimming pool compliance, and the historical exposure to the 2003-2006 illegal-build cycle.
How the process actually works
Independent legal due diligence is essential. The lawyer should pull the full urban planning file (informe urbanístico) before exchange.
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.
