May 8
At Marbella Luxury Homes, we know that buying a property isn’t just about finding a beautiful villa and signing the dotted line. It’s about making the right investment, navigating legal steps with ease, and feeling confident every step of the way.
That’s why we’ve created this buyer’s guide—to help you understand the process, avoid surprises, and enjoy a seamless journey to owning your dream home in Marbella.
Buying a property in Spain should be exciting and stress-free. At Marbella Luxury Homes, we offer you expert guidance, a curated property selection, and a seamless experience from your first viewing to signing the deed. With a strong international presence and access to more than 600 collaborating agencies, we help you find the perfect property at the right price.
Our multilingual agents, local knowledge, and full in-house services ensure that your buying journey is smooth, secure, and enjoyable.
When you find the right property, your sales agent will assist in submitting a written formal offer along with a good faith deposit. This reservation amount secures the property and temporarily removes it from the market.
Once the seller signs and accepts the offer, the agreement becomes a Reservation Contract. This outlines the basic conditions and timelines for proceeding to the next step.
The Private Purchase Contract (Contrato Privado de Compraventa) details the agreement between buyer and seller, including: – Property description – Agreed purchase price – Payment schedule – Completion date
Typically, a 10% deposit is paid by the buyer at this stage. This contract usually includes clauses to protect both parties: – If the seller withdraws, they must return double the deposit – If the buyer withdraws, the deposit is forfeited
Prior to signing, legal due diligence is performed to confirm ownership, debts, planning permissions, and other technical details.
On the agreed completion date, the remaining purchase funds are transferred, and both parties meet before a Notary Public to sign the Public Deed of Conveyance (Escritura de Compraventa).
This finalizes the legal transfer of the property. A copy is submitted to the Tax Office and the Property Registry.
We strongly advise using a solicitor throughout the process. Our in-house legal team is available to provide expert support in your language..
When Buying a New Build Property
· VAT (IVA): 10% of the purchase price for residential property; 21% for building plots
· Stamp Duty (AJD): 0.5% to 1.5%, depending on the region
When Buying a Resale Property
· Transfer Tax (ITP): 6% to 11%, depending on the property price and region
Legal and Administrative Fees
· Solicitor’s Fees: Approximately 1% of the purchase price (variable)
· Notary and Land Registry Fees: Vary depending on the property and complexity of the deed
Local Property Tax (IBI)
Annual tax based on the cadastral value (valor catastral) of the property. Your agent can help you estimate this.
Community Fees
Applicable to apartments and properties within managed communities. Fees vary based on communal services such as pools, lifts, cleaning, security, etc.
Non-Resident Income Tax
If you are not a Spanish tax resident and you own a property in Spain, you are liable for: – Imputed income tax (if the property is not rented): Based on 1.1% to 2% of the cadastral value – Rental income tax (if rented): Based on actual income. Deductions available for EU residents – Tax Rate: 19% for EU residents, 24% for non-EU residents
Spanish NIE & Bank Account
Non-Spanish buyers need to obtain a Spanish NIE (Tax Identification Number) and open a Spanish bank account to: – Pay taxes and fees – Register utilities and property – Complete legal transactions
This can be done in person or via Power of Attorney, which our legal team can arrange on your behalf.
· Curated selection of premium properties
· Access to 600+ agency listings
· Full multilingual support
· In-house legal and financial coordination
· Local offices in Marbella and Cancelada
· Complete after-sales service
Whether you’re buying a holiday home, a permanent residence, or an investment, Marbella Luxury Homes is your trusted real estate partner.
Start your property journey today with a team you can trust.
🌐 www.marbellaluxuryhomes.es
📧 info@marbellaluxuryhomes.es
📍 Offices in Marbella and Cancelada
Marbella Luxury Homes “We don’t just help you buy. We help you belong.”
There’s no set number. It depends on the market segment you’re interested in, your familiarity with Marbella, and how flexible you are on location. Whether you’re after beachfront villas or golf homes, your agent will guide you to the best shortlist based on your goals.
The most effective way to make an offer is to put it in writing—usually through your real estate agent. A written offer should be clear, reasonable, and well-structured. Face-to-face negotiations can sometimes work, but agent-led negotiations typically yield the best outcomes. At Marbella Luxury Homes, our multilingual agents bring experience and strategy to help you navigate the offer process.
After signing the Escritura Pública (Title Deed) at the Notary, legal ownership transfers to you immediately. You receive the keys and become fully responsible. The deed is registered (2–3 months), utilities transferred, and the original documents are delivered. Marbella Luxury Homes can manage this process for you in your language.
A Documento de Reserva takes the property off the market temporarily (7–30 days) upon payment of a reservation fee (€5,000–€20,000 or 1% of price). If you proceed, the fee is deducted from the purchase price. If you withdraw, it’s forfeited unless clauses allow otherwise. Marbella Luxury Homes can negotiate favourable terms for you.
If the seller backs out, they are required to refund double your deposit. However, since reservation fees are relatively small, we recommend proceeding quickly to a 10% private contract for better protection. Our legal team reviews contracts in 15 languages to safeguard your interests.
Possession usually transfers at the Notary signing, unless otherwise agreed. Sellers may request a grace period, which must be written into the contract. For luxury homes, we can arrange staged handovers to accommodate art or furniture removal. Marbella Luxury Homes mediates these timelines for smooth transitions.
Charline Vandeven