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 handle the conveyancing: 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. Buying elsewhere in Spain? See our guide for property lawyers in Spain, with purchase costs region by region.

📞 Call · +34 955 314 558 Ask us about your property
David Peralta, English-speaking property lawyer for buyers in Marbella
Your lawyer
David Peralta
Lawyer · Managing Partner · ICAS no. 15174
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, 121 reviews (Oct 2026)
100%
independent: no referral commissions with estate agencies
POA
complete by power of attorney, without flying to Spain
Recognised by
Premios Derecho
Best Lawyers
Acquisition International
Emprendedores
The Peralta Rojas standard

The same quality, here on the Costa del Sol

Your matter is handled by the same team, with the same method, as every case at the firm. We are on the Costa del Sol constantly, and we move freely across the whole area. Our Costa del Sol office →

  • One lawyer from start to finish, who knows your case
  • Registered with the Seville Bar (ICAS), no. 15174
  • Fixed quote in writing before we start
  • English in every meeting and every document
We view the propertyWe see the home or the estate with you before you commit.
At the notary with youWe attend the signing with you, or sign for you with a power of attorney.
In courtWe have appeared in court in Málaga, Fuengirola, Mijas and many other courts on the coast.
Meetings in MarbellaIn person by appointment, or by video call if you are abroad.
Keep reading

Other pages that may help

Our office on the Costa del Sol →Property lawyer on the Costa del Sol →Property lawyers anywhere in Spain →
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.

Guaranteed reply within 24 hours. By submitting you accept the processing of your data under our privacy policy. Your data will not be shared with third parties or used for commercial purposes.

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 (the closest thing to exchange of contracts in England and Wales), 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) on 18 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 (asimilado a fuera de ordenación) 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 as a holiday let, 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.
Planning in Marbella

Marbella’s town plan, explained

Marbella has an unusual planning history, and it still matters when you buy. The general plan dates from 1986. Between 1991 and 2006 many building licences were granted that did not comply with it, and in 2006 the Spanish Government dissolved the Town Hall. A new plan approved in 2010 tried to regularise thousands of those homes.

In October 2015 the Supreme Court annulled the 2010 plan in three judgments, and the 1986 plan came back into force, later updated in 2017, 2018 and 2024. On 18 September 2026 the Town Hall gave final approval to a new general plan (PGOM) under the Andalusian LISTA law, the first in Andalusia.

Status on 1 October 2026The new plan is approved, but it only takes effect once it is officially published. The detailed rules for each plot will come in a second plan, the POU (Plan de Ordenación Urbana), which is still being prepared. Until then, in urban land, the detailed rules of the 1986 plan continue to apply within the new framework.
1986
General plan (PGOU) approved. It still provides the detailed rules in urban land.
1991 to 2006
Licences granted against the plan. The Town Hall estimates that around 18,000 homes were left outside full planning regularity.
2006
The Town Hall is dissolved and the Andalusian Government takes over planning.
2010
New plan approved. It tried to regularise thousands of homes.
2015
The Supreme Court annuls the 2010 plan. The 1986 plan returns.
2026
18 September: final approval of the new PGOM. It takes effect on publication.
Next
The POU, with the detailed rules for each plot.
What the new plan does
It sets the general framework: which land is urban and which is rural, the main roads, parks and public facilities, the protected areas and the rules for future growth. It reserves 20% of residential floor space for affordable housing in new urban schemes.
What it does not do
It does not legalise individual buildings. The Town Hall’s own plan document states that legalising what was built illegally is not a task for the plan. Each home still depends on its own licence history, so it has to be checked one by one.
Before you buy

AFO, time limits and the Coastal Law

AFO status explained
AFO stands for asimilado a fuera de ordenación. Under Andalusian law (articles 173 and 174 of the LISTA law), a finished building without a valid licence can be recognised as AFO when the Town Hall can no longer order its demolition because the time limit has passed. AFO does not legalise the building. It allows connection to utilities and, with a licence, repair and renovation works that do not increase footprint or volume. It is recorded at the Land Registry by a marginal note.
Six years, with exceptions
In general the Town Hall can act against unlicensed works for six years after they are finished (article 153 of the LISTA law). There is no time limit for works on public land or its protection zones, in rural land within the coastal influence zone, or on green spaces and public open space. Those buildings cannot become AFO.
Beachfront homes and the Coastal Law
Homes are not allowed within the coastal protection zone, generally 100 metres from the inner limit of the shore and 20 metres where the land was already urban in 1988. Existing lawful buildings there may be kept and repaired without increasing volume, height or floor area. In Marbella the boundary between the Guadalmina and Guadaiza rivers was approved in 2018 and partly modified in 2023 after a court ruling. We check the official boundary for any frontline property.
How we check a property’s planning status
  • The Land Registry entry, including any marginal notes on planning status or open enforcement files.
  • The cadastral record, to compare the built area and the year of construction with what is authorised.
  • The building licence and the licence or declaration for first occupation.
  • Planning information from Marbella Town Hall, including the land classification under the new plan and the transitional rules.
  • Any court ruling that annulled the original licence, which is not rare for licences granted between 1991 and 2006.
  • Coastal, river and road protection zones that may affect the plot.
Tourist letting and AFOIn Andalusia an AFO home cannot be registered as a tourist rental without prior express permission from the Town Hall (Decree 28/2016, as amended in 2024). Town Halls may limit tourist rentals by building or area; as of October 2026 Marbella has not adopted zone limits. In 2026 the Supreme Court annulled the national short-term rental registration procedure, so in Andalusia the number that matters is the Andalusian tourism register.
Yearly costs and sellingProperty tax (IBI, similar to council tax in the UK) in Marbella is 0.65% of the cadastral value in 2026. When you sell, the municipal capital gains tax on land (plusvalía) may apply, and if you are not resident in Spain the buyer withholds 3% of the price on account of your tax.
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
David Peralta
Managing Partner · Real Estate · ICAS no. 15174
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
Nicolás Hernández Romero
Partner · Corporate & Business Law · ICAS no. 15926
Lawyer and economist, 20+ years of experience. Structures property and hotel acquisitions through Spanish companies. Recognised by Best Lawyers 2026.
The purchase process

From the first call to the Land Registry

1
You tell us the property
We agree the scope of the review and the fee in writing, and you place funds on account.
2
Legal due diligence
Title, charges, planning, licences, community and tourist-rental position. Technical surveys and valuations are separate services.
3
Contracts and negotiation
We explain our findings, negotiate the conditions you need and draft or review the arras contract.
4
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.

How long it takes: once we have the documents, the legal review usually takes one to two weeks. Completion at the notary usually follows one to three months after the arras contract, depending on what buyer and seller agree. The Land Registry then has 15 working days to register the purchase, which can be extended if it asks for corrections.

Before completion you need an NIE number and, usually, a Spanish bank account. With a power of attorney we can obtain the NIE and sign for you, so you do not have to travel.

Fees

Marbella property lawyer fees

We quote according to the value, scope and complexity of the purchase. As a guide, full conveyancing advice from the first checks to registration is between 1% and 1.5% of the purchase price plus VAT, depending on the complexity of the matter. We confirm the fee in a written proposal before we start.

For example, on a €600,000 purchase the fee is between €6,000 and €9,000 plus VAT, depending on its complexity. The proposal sets out exactly what is included: the checks before you sign the reservation or arras contract, the planning and licence review, the contracts, the signing at the notary and the registration. Limited services, such as reviewing only the arras contract, are quoted separately.

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

Taxes and costs of buying

Resale: transfer tax (ITP, the closest thing to Stamp Duty Land Tax in England) 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.

Guides

Guides for international owners

In-depth answers for buyers on the Costa del Sol, written and reviewed by our lawyers.

Buying property in Marbella →The purchase step by step, Andalusian taxes, our fees with a €1.5m example and the checks under the town plan.Branded residences in Marbella →Deposit guarantees, brand and rental pool contracts, tourist letting rules and a checklist before you sign.Selling property in Spain as a non-resident →The 3% withholding, capital gains tax and the municipal plusvalía, with a worked example.
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 (your solicitor, in UK terms) represents only your interests: negotiates the terms and carries out the agreed property and planning review before you commit.
How much does a property lawyer cost in Marbella?+
Full advice on a purchase costs between 1% and 1.5% of the purchase price plus VAT, depending on the complexity of the matter. We confirm the fee in a written proposal before we start. A booked legal consultation costs €120 to €150 including VAT, depending on the type of consultation.
How long does buying a property in Marbella take?+
Once we have the documents, the legal review usually takes one to two weeks. Completion at the notary usually follows one to three months after the arras contract, depending on what buyer and seller agree, and the registration in your name follows the signing.
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 on 18 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.
Has Marbella legalised the homes built under the Gil administration?+
No general legalisation has taken place. The new plan approved on 18 September 2026 sets a framework, but each building depends on its own licence history and situation, so it has to be checked individually.
When does the new Marbella plan come into force?+
When the approval and its rules are officially published. Until then the current rules apply, and in urban land the detailed rules of the 1986 plan keep applying plot by plot until the POU is approved.
How long does the Town Hall have to act against unlicensed works?+
In general six years from completion. There is no time limit for works on public land, in coastal protection zones, in rural land within the coastal influence zone or on green spaces.
Can I get a mortgage on an AFO property?+
It depends on the bank and on the valuation. AFO status is recorded at the Land Registry and banks take it into account. We review the AFO resolution and its conditions with you before you commit.
How much is IBI in Marbella?+
0.65% of the cadastral value in 2026, according to the Ministry of Finance’s official table of municipal rates.
Do you meet clients in Marbella?+
Yes, 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
Related

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Estepona, Fuengirola, Mijas and Málaga.
Real estate lawyer in Seville →
Our property practice in Seville, in English.
Residency in Spain →
Visas and residence after the Golden Visa.
En español →
Abogado inmobiliario en Marbella.
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