Property Purchase in Marbella

Marbella draws buyers from all over Europe and beyond, from apartments in Puerto Banús and Nueva Andalucía to villas on the Golden Mile and in the hills above San Pedro de Alcántara, which is part of the same municipality. A purchase here follows the general route of property purchase in Spain, but the town's planning history and its many private urbanisations give a lawyer more to check than in most Spanish towns. This page is general information for foreign buyers, not legal advice.

How it usually works in Marbella

The buyer first obtains an NIE. A reservation agreement or a contrato de arras then fixes the price and a deposit. The lawyer orders the nota simple from the land registry office that covers the plot, compares it with the cadastre, and asks the seller for the latest IBI receipts and the accounts of the community. The escritura is signed before a notary, and a resale home pays the property transfer tax of Andalusia, a regional tax; a new build carries VAT instead.

What to watch for in Marbella

• Planning status. The courts annulled a later general urban plan of Marbella, so the town works again from its older plan. Some buildings from past decades were licensed in ways that later proved irregular. A lawyer checks the licences and whether a home has a regularised status, such as the Andalusian AFO declaration.
• Urbanisations. Many estates have a community of owners and, in some of them, a separate conservation body that looks after roads, gardens and lighting. Unpaid fees and levies already approved are worth asking about.
• Extensions and pools. Enclosed terraces, extra rooms or pools added without a licence are common on this coast and may not appear in the registry or the cadastre.
• Company ownership. Some older villas are owned through a company. Buying the shares instead of the house changes the tax position and the checks.

How an English-speaking lawyer helps

The notary records the sale for both parties and does not represent the buyer. The buyer's own lawyer reviews the contract in English, reports on debts and planning, and can sign at the notary with a power of attorney when the buyer is abroad. Owners who plan holiday lets usually look at tourist rental registration before they commit. All the lawyers who serve the town are listed on the page for Marbella.

Questions and answers

Is it safe to buy a property in Marbella?

Most sales close without trouble. Because of the town's planning history, a legal check of the licences is a normal part of a careful purchase here.

What does AFO mean on a Marbella property?

It is an Andalusian status for a building put up without a valid licence that can no longer be demolished. It allows the building to be registered and connected to services, while limits on later works may remain.

Can I buy a villa in Marbella without travelling to Spain?

Yes. With a notarised power of attorney a lawyer can sign the deed, make the payments and see the new title registered.