Buying property in Marbella: an independent guide
How a purchase works in Spain, what it costs in tax, and what to check before you sign, for houses, apartments and villas in Marbella and the Costa del Sol. Written by an analyst, not an agent.
From first viewing to the Land Registry
Eight steps, usually over two to three months for a resale purchase. The order matters more than the speed.
- 01Get an NIE and a Spanish bank account
The foreigner identification number is needed to sign, pay taxes and register. A Spanish account simplifies payments and later utility and community direct debits.
- 02Define the decision before the viewing
Budget including taxes, purpose (own use, long let, holiday rental), financing and holding period. The purpose decides which properties are worth comparing.
- 03Reserve, if at all, with conditions
A short reservation agreement and a small deposit take the property off the market. Make any refund conditional on satisfactory legal checks.
- 04Legal and technical due diligence
An independent lawyer checks title, charges, licences, planning status, community debts and taxes. A surveyor checks the building where it matters.
- 05Private purchase contract
The arras contract fixes price, timing and conditions. A deposit is paid, commonly around 10% of the price; the consequences of withdrawal are set in the contract.
- 06Completion at the notary
Buyer and seller, or their representatives, sign the public deed. The balance is paid and keys are handed over.
- 07Pay the purchase taxes and register
Transfer tax or VAT and stamp duty are settled, and the deed is registered at the Land Registry in the buyer's name.
- 08Set up ownership
Utilities, community fees, IBI property tax and, for non-residents, the annual non-resident income tax filing.
What the purchase costs in tax
In Andalucía, a resale home pays transfer tax; a new home bought from the developer pays VAT and stamp duty. Enter a price to see the difference.
- Transfer tax (ITP) · 7%
- €87,500
- Stamp duty (AJD) · 1.2%
- €0
- 3% withheld from the seller
- €0
Transfer tax is calculated on the higher of the deed price and the cadastral reference value; this estimate uses the price. Not included: notary, Land Registry, lawyer, mortgage and valuation costs, which depend on the transaction. The 3% withholding is not an extra cost: it is deducted from the amount paid to the seller.
Sources: Andalusian tax rules as summarised for 2026 by Interforo Abogados and Guía Fiscal. Confirm the rates for your purchase with a Spanish lawyer or tax adviser.
Eight checks before any deposit
Your lawyer runs the legal checks. Knowing what they are helps you ask the right questions and read the answers.
Owner, description and any mortgages or charges registered against the property.
Does the registered description match the cadastral record and what is actually built?
First-occupation licence and any extensions, pools or terraces built without permission.
Debts, minutes of recent meetings, planned works and special levies, and any rules on holiday rentals.
Recent IBI and rubbish-tax receipts, and utility bills paid up to date.
Required for a sale; it also signals likely running costs.
If rental income matters: registration status, municipal planning and community statutes, confirmed by a lawyer.
The buyer withholds 3% of the price and pays it to the tax authority on the seller's behalf.
The format decides the comparison
The same budget buys very different things. Compare a property only with others of the same format, location type and condition.
Community fees, building condition, views and rules on holiday rentals shape value and running costs. Frontline and golf-front stock trade at clear premiums.
More space than an apartment with shared amenities. Check the community rules, parking and how the urbanisation is maintained.
Plot, orientation, privacy and access matter most. Extensions and pools are where licence problems usually hide.
What changed, and what did not
Spain no longer grants residence permits for property investment.
The proposal was never debated and, according to October 2026 reporting, lapsed when Parliament was dissolved. Check the current position before you buy.
Transfer tax is calculated on the higher of the deed price and the cadastral reference value.
Sources: Barcelona International Welcome (golden visa); The Local, 19 October 2026 (non-EU tax proposal).
Buying property in Marbella: common questions
Do you find houses or apartments for sale in Marbella?
No. DataInvest is not an estate agency and earns no commission on a sale. Use agents and portals to find properties, then use us to test whether a shortlisted property justifies its price and fits your plan.
Can foreigners buy property in Marbella?
Yes. Residents and non-residents, from inside or outside the EU, can buy property in Spain. You need an NIE, and non-residents have annual tax obligations on property they own.
How much are the taxes when buying a resale property in Marbella?
Resale homes in Andalucía pay transfer tax (ITP) at a general rate of 7%, calculated on the higher of the deed price and the cadastral reference value. Reduced rates apply only to some main homes below €150,000 or €250,000.
What taxes apply to a new-build property?
New homes bought from a developer pay 10% VAT plus stamp duty (AJD), which in Andalucía has a general rate of 1.2%.
Is there a 100% tax for non-EU buyers?
No. A 100% tax for non-EU, non-resident buyers was proposed in 2025 but never became law. According to reporting in October 2026, the bill had not been debated and lapsed when Parliament was dissolved. Check the current position with your lawyer before you buy.
Can I still get a golden visa by buying property?
No. Spain stopped accepting new golden visa applications based on investment, including property, on 3 April 2025.
Shortlisted a property in Marbella?
Before the deposit, test the price against evidence and the plan against three scenarios. Independent of the sale.