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Property lawyer for buying or selling a home in Marbella
Marbella has seven Land Registries (Registros de la Propiedad), estates with their own rules and many owners who live in another country. From our office in La Línea we help you avoid stumbling between the viewing and the deed. Office in La Línea; online or in person.
Buying and selling with a lawyerService in Spanish and EnglishOnline or in person
A lawyer for your Marbella property purchase: what you do not see on the viewing
A lawyer advises you on property law: we study the procedure for the transaction, the contract and each step of the legal process, and deal with any problem that comes up. We see each client by video call or at our office in La Línea.
A home can be viewed in ten minutes. What decides whether it is a good purchase is in the papers: who is registered as the owner, which mortgages or attachments weigh on it, whether what has been built matches what is registered and what the owner owes the community.
Marbella has beach apartments, houses on estates, off-plan developments and second homes that stay closed for years. Each case hides a different risk, which is why the review beforehand matters more than haggling over the price.
We are lawyers and tax advisers. The same team reads the contract and calculates the taxes, so before you leave any money you will know what you are signing and what it will really cost in tax terms.
Our office is in La Línea de la Concepción. We meet by video call or, if you prefer, in person there. To start, you do not have to leave home.
Buying a house or flat in Marbella: what we check, area by area
The main subject is the property, but the result depends on the process: planning the purchase, knowing the Registry and answering every query from a developer or a private seller quickly. A lawyer deals with the dispute if one arises and looks after the buyer’s interests.
Marbella is not a uniform block. Puerto Banús, Nueva Andalucía, San Pedro de Alcántara or the streets near the old town have very different markets and buildings, even though the law that governs them is the same.
Flat on the coast. Statutes, how costs are shared and special levies already approved. A pending facade or lift repair can cost more than a year of community fees.
House with garden and pool. Square metres shown at the Registry compared with the real ones. Enclosed terraces, porches and pools built without being declared are common.
Off-plan development. Licence, delivery date and protection of the sums paid in advance.
Resale home. Occupation licence, charges and the state of the seller’s mortgage.
If the plan is to let the home to tourists, that idea shapes the whole purchase. We cover it in a section below.
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Land Registries in Marbella
Seven Land Registries in one city
Marbella is not registered at a single office. After the reorganisation published in the Official State Gazette (BOE) in March 2007, the city has Land Registries of Marbella numbers 1 to 7. Which one a property belongs to depends on its location, so we do not assign neighbourhoods from memory.
With the address and the cadastral reference we identify the competent Registry and request the registry information. It shows the owner, how the property is described and what charges it has. Once the deed is signed, that same office must register it.
The path of a purchase, from reservation to registration
This is the order we follow in Marbella.
01
Who is selling and what is being sold
We compare the owner’s name with the Registry and the property with the cadastre, so that the home you viewed is the same one that will be put in the deed.
02
The papers of the house
Occupation licence, licences for refurbishments, community statutes and a certificate showing there are no outstanding fees.
03
Reservation and deposit contract
We read it before you transfer anything: amount, deadline to sign, mortgage conditions and the consequences of pulling out.
04
NIE and means of payment
If you buy from abroad, you need an NIE (foreigner identification number) and a Spanish bank account. The notary will record where each payment comes from.
05
The deed
You choose the notary. We set the date, gather the documents and, if you cannot travel, arrange a power of attorney.
06
The tax office
A resale home pays property transfer tax (ITP); a new one pays VAT and stamp duty (Actos Jurídicos Documentados). The Andalusian rates are in the guide to property transfer tax in Andalusia.
07
After signing
Registration, and change of name on the property tax bill (IBI) and the utilities.
Selling your home in Marbella: three calculations to make beforehand
The first is the municipal capital gains tax (plusvalía municipal). It is set by the Marbella town hall under its bylaw, based on the cadastral value of the land and the time the property has been in your assets. You can opt for the actual gain if it is better, and if you sold at a loss there is no tax.
The second is income tax: the difference between what you obtain and what you paid, adjusted for allowable expenses. The third affects sellers who live abroad: the buyer sets aside 3 % of the price and declares it on Form 211, and you settle afterwards with Form 210. The detail is in non-resident taxes in Marbella.
To put the house on the market, we gather the file that an informed buyer will ask for: up-to-date registry information, energy certificate, proof that you are up to date with the community, the latest property tax bill and the cancellation document if a mortgage remains.
If you are a foreign buyer or do not live in Spain
Marbella welcomes British, Gibraltarian, Nordic and German buyers, and buyers from outside the European Union. There are obligations they meet that a resident does not.
Tax identification
The NIE is required for the deed; without it, the notary cannot authorise it.
Power of attorney from abroad
If you cannot travel, you appoint a trusted person before a notary, with an apostille if the power is signed in another country.
Source of the money
The payment must be traceable to an account in your name.
Non-resident taxation
Owning the home creates obligations even if you live abroad. We plan for them when you buy.
Residence permit
Buying alone does not give you the right to live in Spain; the golden visa route through property closed in April 2025.
Language
We explain the contract and the deed to you in English.
Holiday lets in Marbella: decided before you buy
A large share of purchases in the city plan to let by the day. Before paying the deposit, three checks.
First, the community. Since the reform in force on 3 April 2025, approving, limiting or banning tourist use in a building under horizontal property requires the vote of three fifths of the owners and of the ownership shares. The statutes and the latest minutes show where your building stands.
Second, the Junta de Andalucía. Decree 31/2024 regulates tourist homes, which must appear in the Tourism Register, and excludes them where the statutes prohibit it.
Third, the town hall. It can set its own limits, and it is worth knowing them before you sign.
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A typical case: a second home by the beach
A couple who live in another country choose a two-bedroom apartment a few minutes from the sea. The registry information shows a live mortgage. The community certificate includes a special levy approved to renovate the facade, which would fall on whoever owned the property when it fell due.
It is agreed that the seller pays the levy and cancels the mortgage on the day of signing. The buyers sign a power of attorney and do not travel. We file the tax, register the deed and update the bills. Everything important came up before paying, which is when it can be fixed.
Online service for those who do not live here
You do not need to be on the Costa del Sol to make progress. We talk by video call, you send us the documents by WhatsApp, and our engagements are accepted with an electronic signature. Taxes are filed online. Only the deed requires you to be present before the notary, or a power of attorney.
Common questions about buying or selling in Marbella
Your situation is not listed here? Tell us on WhatsApp which property it is and where in Marbella it is, and we will reply.
Do I need a lawyer to buy a house in Marbella?
It is not compulsory. But the notary and the Registry do not check for you community debts, undeclared works or an outstanding mortgage. That check is our job, and it is done before you pay.
Which Land Registry will my property be registered at?
Marbella has seven. It is determined by the location of the property; with the address and the cadastral reference we find out when we request the registry information.
Who pays the municipal capital gains tax in a sale?
Normally the seller, and only if they have made a gain. If the seller does not live in Spain, the law makes the buyer responsible. We clear this up before the deed.
Can I buy without living in Spain?
Yes. You need an NIE, a traceable payment and, if you do not travel, a notarised power of attorney. Afterwards you pay tax as a non-resident.
Can I let to tourists what I buy?
It depends on the statutes, on Decree 31/2024 and on what the municipality allows. We check it before you buy.
Are you based in Marbella?
No. Our office is in La Línea de la Concepción. We work online and, if you prefer, in person there.
Do you only handle paperwork?
No: we are lawyers and tax advisers. We do not do monthly bookkeeping or payroll. We do handle the paperwork for your property purchase or sale.
Other services of the firm
Buying or selling in Marbella?
Tell us which property it is, what area it is in and where each party lives. We will tell you what needs checking and which taxes apply.
Office in La Línea de la Concepción. We work with you online or in person.
C/ Cervantes 2, entreplanta, despacho 4 · 11300 La Línea de la Concepción
WhatsApp 652 948 572 · 956 174 981 · pablo@asesoriaserra.es