Property Overseas Group

 
What foreigners need to know before buying property in Costa del Sol / inland Málaga
 

• Foreign-buyer status vs Spanish buyers

  • Foreigners - whether from the EU or outside - are allowed to buy property in Spain without special restrictions.
  • But you will need a Número de Identificación de Extranjero (NIE) - a tax-ID number used for any legal/financial transaction in Spain.
  • It’s strongly recommended - almost essential - to hire a local lawyer (solicitor) who knows Spanish property law. They’ll check that the property is legally clean: correct registration, no unpaid debts or liens, proper urban-planning/legal compliance.
 
 
Key Steps in the Purchase Process
 
  1. Preliminary research & property selection
    • Decide whether you want a resale (“segunda mano”) property or a new build from a developer. Each comes with different taxes and costs.
    • Ask for recent charges: check that community fees, municipal taxes (like IBI), and any outstanding debts are paid. Your lawyer should request official records (e.g. from the Land Registry / “Registro de la Propiedad”).
  2. Make an offer and reservation contract (if applicable)
    • It’s common to pay a small deposit to the agency or seller to reserve the property, indicating serious interest.
    • Once the deposit is accepted, begin due diligence (with lawyer help): obtain a “nota simple” or equivalent to check property status.
  3. Signing at the notary and registration
    • The final deed (“escritura pública”) must be signed before a notary. After that, register the property in your name at the Land Registry (Registro de la Propiedad).
  4. Post-purchase: taxes, community fees, utilities
    • Property becomes subject to ongoing expenses: local property tax (IBI), garbage/municipal fees, community charges if part of a condominium/urbanization, utilities, maintenance.
    • If you don’t live there full-time (i.e. you’re a non-resident), you may need to declare non-resident income tax.
 
 
What to Budget: Costs, Taxes & Fees
 

Costs beyond the listing price tend to add up - typically around 10%–15% of the property value.
Here’s a breakdown:

 

Expense / Tax

Resale Property (“segunda mano”)

New Build / Purchase from Developer

Transfer Tax (ITP) / VAT

ITP - commonly 7% in Andalusia (may vary).

VAT (IVA) at 10% + Stamp Duty (AJD) - typically ~1–1.5%.

Notary Fees + Land Registry / Registration

Notary and registry fees - usually a few hundred to ~€1,200 (depending on price, complexity).

Same process, same fee structure.

Legal Fees (solicitor, due diligence, paperwork)

Typically around 1%–1.5% of purchase price (or fixed fee) in many cases.

Same concept applies.

Other possible costs

Mortgage-related charges (valuation, bank fees) if financing; administrative or gestoría costs; possible translator fees if you don’t speak Spanish.

 

As a rule of thumb: always plan for at least 10%–15% extra beyond the asking price to cover all these additional expenses.

 
 
Common Pitfalls & What to Watch Out For
 
  • Focusing only on the asking price and forgetting additional costs - many buyers underestimate the total amount needed.
  • Skipping proper due diligence or legal checks - buying without verifying registry status, debts, planning permissions, or community obligations can lead to big headaches.
  • Underestimating ongoing costs - community fees, maintenance, taxes, utilities can add up, especially in urbanisations or holiday-home developments.
  • Picking an unreliable agent or not getting independent legal advice - used estate agents may not always act in buyer’s interest.
 
 
Tips & Best Practices for Costa del Sol / Inland Málaga
 
  • Use a lawyer independent of the estate agent or seller. This ensures unbiased due diligence and protects your rights.
  • Always request and review the official registry certificate (“nota simple”) before committing.
  • Compare resale vs new builds - depending on your goal (living, holiday home, rental, long-term investment) the right type may differ.
  • Factor in not just the purchase but maintenance and ongoing costs (community fees, IBI, utilities) - especially in coastal areas or developments.
  • If you intend to rent out (vacational or long-term), check local regulations, rental license requirements, renovation rules (especially relevant inland and in smaller municipalities).
 
 
 
 
 
 

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