Spanish-trained property lawyers. Advice in English and Spanish.

Property Lawyer in Marbella

Buying a villa on the Golden Mile, an apartment in Puerto Banús or a family home in Nueva Andalucía? We are regulated Spanish lawyers, not intermediaries, and we review your purchase before you commit to anything.

Marbella has its own questions: a new town plan, thousands of homes with an irregular planning history, tourist-rental rules and non-resident taxes. We examine them for your property and explain them in clear English.

We meet clients in Marbella by appointment. We also work with you by video call and email, and you can complete without flying to Spain by granting a power of attorney.

📞 Call · +34 955 314 558 Ask us about your property

Your lawyer

David Peralta

Lawyer · Managing Partner · ICAS

Leads our real estate practice. Over 10 years advising Spanish and international buyers, with close attention in English and Spanish.

Why clients choose us

99%+

of the purchases we have taken to signing in ten years completed without problems arising from our work

4.8★

Google rating, 119 reviews (Sep 2026)

100%

independent: no referral commissions with estate agencies

POA

complete by power of attorney, without flying to Spain

Recognised by

Tell us about your purchase

Thinking of buying in Marbella?

Tell us where the property is and the stage your purchase has reached. We explain the scope of our advice and the fees before starting. We meet clients in Marbella by appointment, and we also work by video call and email.

📞 +34 955 314 558 ✉️ info@peraltarojas.com

Buying in Marbella

A market with its own legal questions

Most homes bought in Marbella are resales, and most buyers come from abroad. Many properties were built or extended decades ago, under a planning history that has changed several times. A clear title at the Land Registry is only part of the answer.

Before you sign a reservation or an arras contract, we check what you are really buying: title and charges, the planning position of the building and any extensions, community and urbanisation obligations, the tourist-rental position if you plan to let, and the tax that applies to you as a resident or non-resident.

Where we advise buyers

Golden MileSierra BlancaNueva AndalucíaPuerto BanúsMarbella town centreSan Pedro de AlcántaraGuadalminaEast Marbella and ElviriaBenahavísLa Zagaleta

Villas, apartments, penthouses, off-plan homes, plots and properties held through a company.

What we check

The legal review for a Marbella purchase

The new town plan

Marbella approved its new general plan (PGOM) in September 2026, the first in Andalusia adapted to the LISTA law. It sets the general planning framework; the detailed plan (POU) is still being prepared, and the date the plan takes effect depends on its official publication. The council estimates that around 18,000 homes were left in an irregular planning situation. We check which rules apply to the property you want to buy.

Irregular builds and AFO

Extensions, pools or whole houses built without a valid licence are common in older areas. AFO recognition does not legalise them: it records a specific planning status, with conditions on works and use. We explain what it means for use, letting, finance, registration and resale before you commit.

Title and charges

Land Registry, cadastre, mortgages, embargoes and registered charges, IBI and community debts. The notary also checks title and registered charges at completion; we review them earlier, when you can still negotiate.

Tourist rental

If you plan to let the property to tourists, it must meet the Andalusian tourism rules and the municipal planning rules, including registration in the Andalusian tourism register. Since April 2025, a new tourist-rental activity in a building needs the prior express approval of the owners’ community. We check the property’s status and the rules for the letting you have in mind before you buy.

Taxes as a non-resident

Purchase taxes, the annual non-resident income tax return and, when you later sell, the 3% withholding on the price. We prepare a budget for your purchase and explain your ongoing obligations in Spain.

Funds, companies and banks

Spanish anti-money-laundering rules require evidence of the origin of funds. We prepare the documents with you in advance and advise when buying through a company or with Spanish finance.

Buying from abroad

You do not need to fly to Spain

Most of our international clients never travel for the paperwork. With a power of attorney, usually signed before a notary or a Spanish consulate in your country, we can obtain your NIE, review the property, sign at the notary in Marbella and register the purchase in your name.

If you prefer to be there, we meet you in Marbella for the signing. Either way, you speak to the same lawyer from the first call to completion.

Independent from the agency We act only for you, never for the estate agent or the seller. We neither pay nor receive estate-agency referral commissions, and we do not share our legal fees with estate agencies. We review the reservation and arras terms, the allocation of costs and the conditions that protect you, and we coordinate with the agent and the seller’s advisers while advising you, including anything that needs to be clarified or renegotiated.

If the purchase is not viable We tell you clearly before you commit to the seller. Your funds on account stay as credit for up to two further purchases within two years, and the due diligence is not charged separately.

Your lawyers

The lawyers who will handle your Marbella purchase

David Peralta

Managing Partner · Real Estate

Leads our real estate practice. Over 10 years advising foreign buyers across Seville, Cádiz and the Costa del Sol, from apartments to hotels and country estates. Member of the ICAS.

Nicolás Hernández Romero

Partner · Corporate & Business Law

Lawyer and economist, 20+ years of experience. Structures property and hotel acquisitions through Spanish companies. Recognised by Best Lawyers 2026.

How we work

From the first call to the Land Registry

You tell us the property

We agree the scope of the review and the fee in writing, and you place funds on account.

Legal due diligence

Title, charges, planning, licences, community and tourist-rental position. Technical surveys and valuations are separate services.

Contracts and negotiation

We explain our findings, negotiate the conditions you need and draft or review the arras contract.

Completion and registration

We prepare the deed with the notary, attend the signing, and follow the payment of taxes and the registration in your name.

Fees

What our advice costs

We quote according to the value, scope and complexity of the purchase. As a guide, full advice from the first checks to registration is between 1% and 2% of the price plus VAT, confirmed in a written proposal before we start.

A booked legal consultation costs €120 to €150 including VAT, depending on the area, and is separate from the fee for carrying out a purchase.

Taxes and costs of buying

Resale: transfer tax (ITP) at the general Andalusian rate of 7% of the taxable amount, which is not necessarily the price; the cadastral reference value may apply.

New home from the developer: generally 10% VAT plus stamp duty (AJD), with a general Andalusian rate of 1.2%.

Plus: notary, Land Registry and professional fees. We prepare a budget for your specific purchase.

Frequently asked questions

Questions from buyers in Marbella

Do I need a lawyer to buy property in Marbella?+

A lawyer is not generally compulsory for a purchase, but it is strongly advisable. The notary gives impartial advice to both parties and checks the legal requirements for the deed. Your own lawyer represents only your interests: negotiates the terms and carries out the agreed property and planning review before you commit.

Is the property I like affected by the new town plan?+

It depends on the plot, the building and its history. The new plan approved in September 2026 sets the general framework; the detailed plan is still being prepared and the date the plan takes effect depends on its official publication. Approval does not automatically regularise an individual building, so each property has to be checked against the planning documents and licences.

Should I buy a house with AFO status?+

It can be a reasonable purchase if you understand its limits. AFO recognition does not legalise the building. It records a specific planning status, with conditions on works and use, and it does not itself authorise tourist letting or other activities. Land Registry requirements are checked separately, and finance and resale can be affected. We explain the position of that specific property and how it should be reflected in the price and the contract.

Can I rent the property to tourists?+

Only if it meets the Andalusian tourist-rental rules and the municipal planning rules, and is registered in the Andalusian tourism register. For a new activity in a building under the Horizontal Property Act, the prior express approval of the owners’ community is required. We check the property’s current status, any earlier registration and the community rules before you buy.

Can you handle everything if I cannot travel?+

Yes. With a suitable power of attorney we obtain your NIE, carry out the review, sign at the notary in Marbella and register the property in your name. We confirm the identification, notarial and bank requirements that apply to your purchase.

Does buying give me the right to live in Spain?+

No. Spain closed the investor residence route (Golden Visa) to new applications from 3 April 2025, with transitional rules for earlier applications and existing permits. If you want to live here, our immigration team advises on the non-lucrative visa, the digital nomad visa and other routes.

Do you have an office in Marbella?+

Yes. We meet clients in Marbella by appointment. We also work with Marbella buyers by video call, phone and email, and attend the signing at the notary in Marbella.

Found a property in Marbella?

Send us the details before you sign anything. We explain what needs checking and give you a written quote.

📞 +34 955 314 558 info@peraltarojas.com

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4.9 out of 5 · 39 ratings