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Marbella attracts buyers from around the world for more than its climate and coastline. Some are looking for a second home, others need a family property as part of a relocation, while others are considering a long-term investment. However, buying property in Spain may work differently from purchasing a home in another country: before the keys are handed over, the property must be checked, the necessary documents prepared and the terms of the purchase properly recorded.
A foreign national can buy property in Spain without being a Spanish resident. However, owning property and having the right to reside in Spain are two separate legal matters: buying an apartment or villa does not automatically give the owner the right to live or work in the country.
Below is the step-by-step process typically involved when buying property in Marbella as a foreigner.
Step 1. Define the purpose, budget and type of purchase
Before arranging viewings, it is important to consider more than simply how much a property costs. Start with a few practical questions:
• Are you buying for permanent residence, holidays, rental income or as an investment?
• Which location suits your lifestyle: close to the sea, schools, Marbella town centre or golf courses, or within a more private residential development?
• Do you want a move-in-ready home, a renovation project or a new-build property?
• Are you planning to use mortgage financing?
• What total budget can you allocate to the purchase, including taxes and transaction costs?
The asking price is not the final cost of the transaction. Resale property is subject to ITP, the Spanish property transfer tax, while the first sale of a new-build property by a developer is generally subject to IVA and AJD. The applicable rates, tax bases and additional expenses are explained in detail in our article “Cost of Buying Property in Marbella: Taxes, Fees and Real Costs in 2026.”
If the purchase is part of a family relocation, the area should be assessed on more than its distance from the beach. School journey times, daily logistics, infrastructure, healthcare and seasonal traffic can have a greater effect on quality of life than a property listing might suggest.
We explore this in more detail in “The Best Areas of Marbella for Families with Children: Schools, Infrastructure and Property.”
Step 2. Assemble your team before paying a reservation deposit
A real estate agency helps buyers find and compare properties, arrange viewings, negotiate terms and coordinate the transaction. The legal review of the property and contracts should be entrusted to an independent lawyer practising in Spain and acting specifically in the buyer’s interests.
If you are considering a mortgage, ask a bank or mortgage broker for an initial financing assessment in advance. This will help you establish a realistic budget and avoid putting an agreed purchase at risk later in the process.
It is also useful to decide in advance who will sign the documents. The buyer may attend completion in person or grant a notarised power of attorney to a representative. The form and wording of the power of attorney should be agreed with the lawyer and notary.
Step 3. Obtain an NIE number
The NIE, or Número de Identidad de Extranjero, is the identification number assigned to foreign nationals in Spain. A foreign buyer needs it for the tax formalities associated with the transaction, payment of taxes and registration of the purchased property. An NIE is assigned to foreign nationals who have economic, professional or social interests connected with Spain. Obtaining an NIE does not grant residency or the right to live in the country.
Depending on the circumstances, an NIE can be requested through the relevant authorities in Spain or through a Spanish consulate abroad. It is best to begin the process early, as timing depends on the place of application and appointment availability.
Step 4. Prepare your documents and proof of source of funds
The bank, notary and other parties involved in the transaction may request documents in accordance with financial-control and anti-money-laundering requirements. The exact documentation depends on the buyer’s circumstances and source of funds, but buyers are generally advised to prepare the following in advance:
• a valid passport;
• the NIE, if already issued;
• proof of residential address;
• documents explaining the source of funds, such as evidence of salary or other income, dividends, or the sale of a business or another property;
• bank statements;
• if a mortgage is required, the documents requested by the bank.
Depending on the country in which they were issued, some documents may require an apostille or consular legalisation, as well as a translation into Spanish by a sworn translator. The exact set of documents should be agreed in advance with the lawyer, bank and notary. This is particularly important for a remote transaction or when arranging a power of attorney outside Spain.
A Spanish bank account is not a universal legal requirement for buying property, but it often simplifies completion payments and subsequent recurring expenses. The appropriate payment arrangements should be agreed in advance with the lawyer, bank and notary.
Step 5. Choose a property and assess both the home and its location
During viewings, consider more than the size of the property, its views and the quality of any refurbishment. In Marbella, the characteristics of a particular residential development can make a significant difference: security, rules established by the community of owners, monthly community fees, parking, road noise, planned construction nearby and seasonal traffic.
For a villa, it is important to check the plot boundaries and access, ensure that the pool and any extensions appear in the documentation, and confirm that the property’s actual configuration matches its registered details. For an apartment, clarify what the community fees cover, review the rules of the complex and assess the condition of the communal areas.
If the property is being purchased for tourist rentals, buyers should not rely solely on the wording of the listing or on the previous owner’s registration. Before assuming binding obligations, it is necessary to verify the municipal planning requirements, any current resolution adopted by the community of owners, whether the community statutes or constitutive title contain a restriction, whether the property can be registered or its details amended in the Registro de Turismo de Andalucía, and whether the necessary registration numbers can be obtained, including the unique registration number required to advertise the property on online platforms. Long-term and tourist rentals are governed by different rules.
Step 6. Agree the offer and safe reservation terms
Once a property has been selected, the buyer will usually submit a written offer setting out the price and key terms of the proposed transaction. If the offer is accepted, the seller or agency may ask for a reservation payment to take the property temporarily off the market.
A reservation and an arras deposit agreement are not the same thing. Before transferring a reservation payment, the following should be recorded in writing:
• the exact property and agreed price;
• the amount and purpose of the payment;
• how long the property will be taken off the market;
• the buyer’s right to carry out legal and, where appropriate, technical due diligence;
• the circumstances in which the reservation payment will be refunded in full;
• the next deadlines and documents in the transaction;
• a mortgage-finance condition if the purchase cannot proceed without a loan.
Different structures are used in practice, but the clearest sequence for the buyer is generally: a written offer, a reservation with clearly defined refund conditions if required, full due diligence on the property and, only once that review has been completed successfully, an arras agreement or another private purchase contract.
Step 7. Complete due diligence and sign the deposit agreement
Before the buyer assumes final obligations, their lawyer checks the documents and risks relating to the specific property. The scope of the review will differ depending on whether the purchase concerns a resale or a new-build property.
If you are buying a resale property
The review will generally cover:
• who the registered owner is and whether they have the right to sell the property;
• any mortgages, attachments, easements or other encumbrances;
• whether the property corresponds with the records held by the Registro de la Propiedad, the Catastro and the municipality;
• the necessary licences and permits;
• the energy performance certificate;
• payment of IBI, the annual municipal property tax, and confirmation that there are no outstanding debts owed to the community of owners;
• any extraordinary community charges that have been approved but not yet paid;
• the existence of tenants or other people with a right to occupy or use the property;
• the minutes and rules of the community of owners, together with any upcoming works or related costs;
• whether renovations, alterations, the swimming pool and any extensions correspond with the documentation.
A key document at this stage is the nota simple, an information extract from the Spanish Land Registry, or Registro de la Propiedad. It identifies the registered owner and contains a description of the property and its registered encumbrances. However, the nota simple is not sufficient on its own: due diligence should take account of the full set of documents and the history of the particular property.
Legal due diligence does not replace a technical survey. For a villa, an older property, a refurbished home or a renovation project, it is advisable to engage an architect or other qualified technical professional. They can assess the structure, damp, roof, building systems and swimming pool, as well as whether the work actually carried out corresponds with the documentation.
If you are buying a new-build property
New-build property involves a different set of risks and documents. Before signing a contract, the buyer should check:
• the developer and its authority to enter into the transaction;
• the developer’s title to the land;
• the building licence;
• the contract terms and payment schedule;
• the plans and specifications;
• the expected construction completion date;
• the handover procedure and the documents required for the property to be occupied and used;
• the protection of any amounts paid before the keys are delivered.
The terms of any bank guarantees or insurance protecting advance payments should be clear to the buyer and reviewed by their lawyer before funds are transferred.
What you need to know about an arras agreement
Once due diligence has been completed successfully, the parties may sign a contrato de arras, commonly referred to as an arras or deposit agreement, or another type of private contract. An arras agreement is not a mandatory stage in every property transaction, but once signed it creates legal obligations.
Where the parties expressly agree to arras penitenciales, a buyer who withdraws will generally lose the amount paid, while a seller who withdraws will generally be required to return twice that amount. Other types of deposit may have different consequences, so the contract must clearly identify the nature of the payment, the withdrawal conditions and the liability of each party.
The agreement will also normally record the price, the deadline for signing before the notary, the furniture and equipment included, the procedure for settling debts and removing encumbrances, the allocation of costs and, where applicable, the mortgage-finance conditions.
Step 8. Sign the escritura before a notary and complete the payment
The final stage is the signing of the public deed of sale, the escritura pública de compraventa, before a notary. On the day of completion, the notary verifies the identities and authority of the parties, checks the documents required by law and formalises the public deed of sale. As a rule, the final payment and handover of the keys also take place at this point.
The notary is an independent and neutral participant in the transaction. Their role is to ensure legality and formally execute the public deed, but they do not replace the buyer’s lawyer, who acts solely in the buyer’s interests.
Where mortgage financing is used, the bank provides the prescribed pre-contractual information before the loan is signed. The buyer must also attend the chosen notary in advance so that the transparency of the mortgage terms can be reviewed. If the outcome is satisfactory, the notary executes the corresponding preliminary notarial act.
Before attending the notary’s office, the buyer should receive a clear breakdown of all amounts payable: the balance of the purchase price, taxes, notary and registration fees, legal fees and, where applicable, bank charges.
Step 9. Complete the tax formalities and register ownership
After the notarial transaction, the remaining tax formalities are completed and the escritura is submitted to the Registro de la Propiedad, the Spanish Land Registry. Registration protects the buyer’s registered ownership rights against third parties and should not be delayed.
Tax payments and registration are usually coordinated by the buyer’s lawyer or a gestoría, a specialist firm that handles the administrative and registration formalities associated with the transaction. Once the process has been completed, the buyer receives a copy of the escritura showing that the ownership right has been registered.
At this stage, it is also confirmed that all transaction amounts have been paid correctly and that the documents have been accepted for registration without objections.
Step 10. Arrange the property handover and ongoing owner obligations
Once the transaction has completed, several practical matters remain:
• transfer utility contracts and direct debits into the new owner’s name;
• notify the administration of the comunidad de propietarios, or community of owners, of the change of ownership;
• arrange ongoing payment of IBI, community fees and, where applicable, the municipal waste-collection charge;
• take out home insurance;
• check meter readings, the complete set of keys and documentation for installed equipment;
• arrange renovation, furnishing, property management or rental services if required.
A non-resident owner may have obligations under IRNR, Spanish non-resident income tax, including in relation to an urban property that is used personally or remains unoccupied. A separate reporting regime applies when the property is rented out. The owner’s specific tax obligations should be discussed with a tax adviser, taking into account their country of tax residence and how the property will be used.
If you are relocating to Marbella, it is useful to plan the first few months in advance, including documentation, schools, healthcare, a car and day-to-day logistics.
Frequently Asked Questions
Can a foreigner buy property in Marbella without Spanish residency?
Yes. You do not need to be a legal resident of Spain to buy property. However, the buyer will need the documents required for the tax and registration formalities, including an NIE.
Does buying property give you the right to reside in Spain?
No. Property ownership and the right to reside in Spain are separate legal matters. Buying an apartment or villa does not automatically give the owner the right to live or work permanently in the country. The investment visa and residence programme known as the Golden Visa was closed to new applicants on 3 April 2025. A separate legal basis for residence must therefore be obtained.
Do I have to travel to Spain to complete the purchase?
Not always. With proper preparation, part of the process can be completed remotely and signing authority can be granted to a representative through a notarised power of attorney. Requirements relating to the form of the power of attorney, an apostille or consular legalisation, and sworn translation depend on the country in which it is executed and should be confirmed in advance.
Can a foreign buyer obtain a mortgage to buy property in Marbella?
Yes. Foreign buyers can apply for a mortgage from a Spanish bank. The bank will determine the approval, loan amount and income and documentation requirements on an individual basis. It is best to obtain an initial assessment before signing any agreement that creates binding obligations for the buyer.
How long does it take to buy property in Marbella?
The timing depends on whether the documents are ready, how long it takes to obtain the NIE, the findings of the property due diligence, the payment method and whether a mortgage is involved. A completed resale property purchased without financing can generally be transferred more quickly than a new-build property or a transaction involving several additional conditions. A realistic timetable can only be established after the specific property has been reviewed.
Key Takeaways
A safe property purchase in Marbella is about more than choosing the right apartment or villa. It requires a clear sequence: a realistic budget, an offer and secure reservation terms, independent due diligence, a properly drafted contract, transparent payments and registration of ownership after completion before a notary.
The team at SOLO Marbella Realty supports buyers throughout the process, from choosing an area and arranging viewings to negotiations and coordination with the lawyer, bank and other parties involved. If you are considering buying property in Marbella, tell us about your goals, budget and preferred lifestyle. We will prepare a tailored selection of properties and a clear plan for the next steps.
