This guide outlines the eight essential steps that make up the property-purchase process in Spain. It is designed to provide clarity for international buyers, whether they are acquiring a beachfront apartment, a contemporary villa or a long-term investment asset on the Costa del Sol.

Step 1: Obtaining Your NIE (or TIE)

Any property purchase in Spain requires the buyer to hold an official identification number. European citizens must obtain a NIE (Número de Identificación de Extranjero), while non-EU citizens require a TIE (Tarjeta de Identidad de Extranjero).

These identification numbers are used by the Spanish state for all legal and administrative processes. They are necessary not only for buying property but also for opening a bank account, setting up utilities, registering taxes, creating a company and even receiving certain deliveries.

A significant administrative update in 2021 now allows buyers to proceed temporarily without a NIE, using a NIF (tax number) issued directly by the notary. This change has made it considerably easier for international buyers to start the property-buying process from abroad without delays.

Step 2: Defining Your Budget and Financing Structure

Understanding financing conditions is a critical early step.
Spanish banks typically lend up to 60% of a property’s value to non-tax residents. Buyers should therefore anticipate contributing around 50% of the purchase price in personal funds, along with taxes and transaction fees.

To qualify as a Spanish tax resident, a person must meet at least one of the following criteria:

  • Spend more than 183 days per year in Spain
  • Maintain significant economic interests in Spain
  • Have a spouse or minor children residing in Spain

Foreign buyers may also secure financing in their home country, although banks may request collateral such as real estate or investment assets. Each financing path has its own advantages and constraints regarding cost, speed and mortgage conditions.

Step 3: Understanding Taxes and Fees

Buyers should budget approximately an additional 10–12% of the purchase price to cover taxes and transaction costs. These may vary slightly depending on the region and the specifics of the property.

Common expenses include:

ITP (Property Transfer Tax): generally 8–10% for resale properties

  • Notary and Land Registry Fees: approximately 1–2%
  • Legal fees and due diligence: variable depending on complexity
  • Annual IBI (Property Tax): based on cadastral value

The IBI receipt is a key document in the due diligence phase. It confirms the cadastral reference and ensures that the property has no outstanding tax liabilities for the previous five years.

Step 4: Selecting the Right Properties and Locations in Marbella

Marbella’s real estate landscape consists of distinct zones, each of which offers a different lifestyle and investment profile.

  • Golden Mile, Sierra Blanca, Nueva Andalucía and Puerto Banús: prestigious areas with strong international appeal
  • San Pedro and beachfront communities: ideal for those seeking proximity to the sea
  • Estepona (west): a growing luxury corridor offering exceptional long-term value
  • North-west areas: tranquil mountain surroundings, particularly desirable for golf enthusiasts
  • East Marbella (Los Monteros, Elviria): renowned for the best sandy beaches and a more authentic local atmosphere

Because of the market’s diversity, choosing the right area requires guidance from an experienced agent who can interpret your needs, pre-select suitable properties, verify their condition and coordinate efficient viewings.

Step 5: Legal Verification

In Spain, the notary does not conduct legal due diligence. This responsibility belongs entirely to the buyer’s lawyer, making their role essential in any property acquisition.

A qualified real estate lawyer will verify:

  • The legal identity of the current owners
  • Absence of debts, mortgages or encumbrances
  • Cadastral boundaries and land accuracy
  • Compliance with urban planning regulations
  • Alignment between deed, cadastre and land registry

Vertuom collaborates with a respected law firm specialising in Spanish real estate law. Its multilingual team ensures clear, consistent communication in English, French, Spanish, Polish and Dutch.

Step 6: Reservation Payment (La Señal)

To express formal intent to purchase and remove the property from the market, buyers make a reservation payment, typically around 1% of the purchase price. This is accompanied by a preliminary contract that outlines the basic terms of the offer.

The seller then has two to five days to accept or reject the proposal. If rejected, the buyer receives a full refund. If accepted, the reservation amount is deducted from the final purchase price, with an increase to 10% coming during the Sales Agreement phase.

Step 7: Signing the Sales Agreement (Las Arras)

The Arras contract is a binding private agreement between the buyer and seller. It formalises the purchase conditions, defines the obligations of both parties, and establishes penalties for withdrawal.

The deposit is increased to 10% of the purchase price at this stage.

The withdrawal consequences under Arras Penitenciales (regulated by Article 1454 of the Spanish Civil Code) are as follows:

  • If the buyer withdraws, the buyer forfeits the deposit
  • If the seller withdraws, the seller must return double the deposit

The Arras contract includes a comprehensive list of essential information: identities, property details, final price, notary deadline, payment methods, confirmation of debts and the division of notary costs.

Step 8: Notary Signing and Handover of Keys (La Escritura)

The notary appointment is the final and decisive stage of property acquisition.

During the meeting:

Buyer, seller, notary and their legal representatives sign the purchase deed

  • Payment and ownership transfer occur simultaneously
  • If a mortgage is involved, the bank signs a separate deed
  • Keys are handed over immediately

After completion, the lawyer submits the deed to the Land Registry. Registration typically takes about one month.

Post-Completion Responsibilities

Activate home insurance on the completion date

  • Transfer utilities (water, electricity, gas, internet) to your name
  • Set up direct debits for community fees
  • Track deadlines for annual taxes such as IBI, waste-collection tax and non-resident income tax

Spain’s property purchase process is clearly defined, legally secure and highly efficient. As one of Europe’s leading luxury real estate markets, Marbella attracts international buyers who value transparency, lifestyle and long-term investment potential.

Vertuom accompanies clients through every phase of property purchase, from area selection and due diligence to negotiation and final notary signature. Our approach combines market intelligence, legal precision and personalised guidance to ensure a seamless buying experience.

If you are considering buying property in Marbella, this eight-step framework provides the foundation for a straightforward and stress-free investment journey.