Conveyancing Lawyers in Marbella

Appointing an independent conveyancing lawyer is not legally compulsory in Spain, but it is strongly recommended — especially for foreign buyers unfamiliar with Spanish real estate procedures. A specialised conveyancing solicitor in Marbella verifies that the property is free of debts, charges and planning irregularities, that the seller is the legitimate owner, and that the contractual conditions protect the buyer’s funds from the reservation deposit all the way through to completion before the notary.

The total cost of buying a property in Marbella is approximately 13–14% of the purchase price for off-plan properties and 10–12% for second-hand properties. This includes VAT (10%) plus stamp duty (1.5%) for new builds, or transfer tax (between 8% and 10% depending on the price band) for resale properties, along with notary fees, Land Registry fees, banking costs and legal fees (1% + VAT, with a minimum of €2,000 + VAT at MT Legal Lawyers). A detailed breakdown is provided in the initial legal report.

The key differences are tax and timing. Off-plan purchases are subject to VAT (10%) plus stamp duty (1.5%), paid proportionally with each partial payment, and require additional verification of the developer’s habitation licence and construction guarantees. Second-hand transactions instead trigger transfer tax (7–10%, paid post-completion) and focus the legal checks on existing debts, charges and community fees. A conveyancing lawyer in Marbella adapts the due diligence strategy to whichever scenario applies.

Before completing a property purchase in Marbella, a foreign buyer needs a valid passport, an NIE number, a Spanish bank account, evidence of the origin of funds (to comply with EU anti-money laundering regulations), and ideally a Power of Attorney granted before a public notary so the lawyer can handle payments, contracts, taxes and Land Registry filings without requiring the buyer to be physically present in Spain. This is particularly valuable for non-residents who cannot travel to Marbella for each procedural step.

The reservation contract takes the property off the market while the lawyer performs legal searches and typically requires a deposit of around €3,000–€10,000. The private purchase contract is then signed once the legal due diligence is complete, with a payment of approximately 10–30% of the purchase price (minus the reservation deposit, plus VAT in off-plan properties). Reviewing these contracts before signing is critical: refund clauses, deadlines and penalty conditions must be clearly understood to avoid losing the deposit.

Completion takes place at a Spanish notary’s office, where the title deed (escritura pública) is signed, the outstanding balance of the purchase price is paid and possession of the property is legally transferred to the buyer. The conveyancing lawyer ensures the property is transferred free of debts, mortgages and charges, that any existing mortgage is simultaneously cancelled, and that habitation licences are in place for off-plan properties. After signing, the deed must be registered at the Land Registry and the applicable taxes paid within strict deadlines.

When a non-resident sells a property in Spain, the buyer is legally required to withhold 3% of the selling price and pay it to the tax office as an advance on the seller’s capital gains tax (currently 19% of the net profit). If no profit was made — or the retained amount exceeds the actual tax due — the seller can claim a refund by submitting Modelo 210, provided the annual non-resident income tax is up to date. The refund process typically takes 9–18 months, and our team handles every filing and follow-up on the client’s behalf.