Pillar guide · Buyer

How to buy property in Marbella.

The end-to-end guide for non-residents — NIE, the 12-15% closing cost stack, due diligence, tax residency via Beckham Law, mortgage realities, and the post-purchase admin nobody tells you about. Written from the buyer side, for buyers.

By Max Bykov~15 min readUpdated May 2026
Editor's note

Marbella is the deepest cross-border residential market in southern Europe — every major buyer nationality from Britain to the UAE to Scandinavia transacts here. The mechanics differ from London, New York, or Dubai in ways that catch first-time Spanish buyers off-guard: the taxes are layered, the notary system replaces escrow, the cadastre is not the registry, and the bureaucracy compounds in summer.

This guide walks through the full process in nine sections, ending with the ongoing post-purchase obligations most buyers learn about only after their first non-resident tax filing deadline. Written from the buyer side. We work exclusively for buyers — no seller commissions, no developer kickbacks. If anything reads as confrontationally specific about closing costs, taxes, or developer practices, that is intentional.

01 / Before you start looking

Before you start looking

NIE, bank account, independent counsel, realistic budget. The four boxes to tick before any offer.

Three things before you make a single offer. First, the NIE — your Spanish foreigner tax ID. Apply at the Spanish consulate in your home country (4-12 week wait) or use a Spanish lawyer with power of attorney (1-3 weeks). Without an NIE you cannot sign the deed. Second, a Spanish bank account — required for the deposit transfer, mortgage if applicable, and post-purchase utilities. Sabadell, Santander, BBVA, and Bankinter have non-resident desks; €50-150 annual fees are standard. Third, an independent abogado. Not the seller-side lawyer, not the agent's recommendation if that agent represents the seller — your own. Budget 1-1.5% + VAT of purchase price. Fourth, get realistic on budget. The headline price is 85-88% of what you actually pay. A €5M villa is a €5.7-5.85M out-the-door commitment once taxes, notary, registry, and legal fees land. Pre-approve mortgage if relevant before you offer — Spanish banks lend against the lower of bank valuation or purchase price, and bank valuations frequently come in 5-15% below contract.

03 / Offer and negotiation

Offer and negotiation

Lowball anchors, written offers above €1M, and the levers beyond headline price.

Cultural note: Spanish commercial negotiation runs more direct than UK or US style. Lowball anchoring is normal — sellers expect first offers 10-20% below asking on resale, and a counter is the start of dialogue, not the end. Written offers are the norm above €1M; verbal offers are not enforceable and often not taken seriously. Your lawyer drafts the offer letter, stating price, deposit structure, conditions precedent (financing, due diligence outcomes), and timeline to escritura. Typical deposit conventions: €6-15K reservation to hold the property 14-30 days while due diligence runs, then 10% as arras to lock in the deal. Above €5M, larger reservations (€25-50K) are common to signal genuine buyer intent. Negotiation levers beyond headline price: included furniture inventory, completion timing (long completion can help sellers with tax planning), retention from price for any pending compliance issues your lawyer found. Founder-led negotiation matters above €2M — junior agents in chains often have no real authority to negotiate.

05 / Taxes and closing costs

Taxes and closing costs

The 12-15% stack on resales, 13-16% on new builds, and the 3% non-resident retention waiting at the exit.

On resale (existing property from a private vendor), the closing cost stack is: ITP (transfer tax) 7% on the first €400K, 8% on €400K-700K, 9% on €700K-1M, 10% above €1M — Andalucía's sliding scale. Notary fee ~0.5%. Property registry fee ~0.5%. Plusvalía (municipal capital gains) — historically paid by seller but contractually negotiable. Your legal fee 1-1.5% + VAT. Bank fee for cheque bancario (€500-2K). Total: ~12-15% on top of headline price. On new build (developer-side sale), substitute 10% VAT (IVA) for ITP, add 1.2% AJD (stamp duty). Roughly 13-16% total. Non-resident specific: Spain withholds 3% of gross sale price from non-resident sellers at closing — relevant when you eventually exit. CGT on net gain is 19% for EU residents, 24% for non-EU residents. Hold the property in a personal name for non-residents above €700K and you trigger Patrimonio (wealth tax) at 0.2-3.5% annually — structure matters, ask before you sign.

10%ITP transfer tax above €1M
12–15%Total closing cost stack (resale)
50–70%Mortgage LTV for non-residents

10% of the purchase price walks out the door in taxes. Budget €100K on a €1M deal — and another €50K before the keys turn.

Max Bykov — on what nobody tells you
ITP transfer tax

7% to €400K, 8% to €700K, 9% to €1M, 10% above. Andalucía sliding scale on resales. The single biggest line item in the closing stack.

Notary + registry

~0.5% notary, ~0.5% Property Registry. Fixed-fee scale; the notary moves money on the day, registration follows 2-6 weeks later.

Legal counsel

1-1.5% + 21% VAT for an independent abogado. Title check, due diligence, contract drafting, escritura representation. Never use seller-side counsel.

Bank + ancillary

€500-2K for the cheque bancario at closing. NIE filing, utility connections, community notifications add another few hundred each.

06 / Beckham Law and tax residency

Beckham Law and tax residency

A 24% flat rate for six years, foreign income largely exempt, applied for in your first 180 days.

If you're relocating to Spain (not just buying a holiday home), the Beckham Law (Régimen Especial para Trabajadores Desplazados) can save €100-300K/year for high earners. It taxes Spanish-source income at a flat 24% (vs progressive rates up to 47%) for your first six years as Spanish tax resident, and exempts most foreign-source income from Spanish tax entirely. Eligibility: (a) you have not been Spanish tax resident in any of the 5 previous tax years; (b) your move is triggered by work — employment in Spain, remote work for a foreign employer, or relocating as a director of a foreign company. Application window: 6 months from your start of work in Spain. File via Modelo 149. Wealth tax exemption applies: only Spanish-located assets count under Beckham, so foreign portfolios are sheltered. Catch: you forfeit Spain's double-tax treaty benefits while on Beckham, so high foreign-source dividend income may not be optimal. Run the numbers with cross-border counsel before committing.

07 / Visa pathways for non-EU buyers

Visa pathways for non-EU buyers

Golden Visa is dead. Digital Nomad, NLV, and Entrepreneur routes remain.

The Spanish Golden Visa property route was eliminated by legislation in 2024. As of 2026, buying a property does not grant residency. Existing Golden Visa holders retain status under previous rules. Active alternative routes for non-EU buyers: (1) Digital Nomad Visa — remote work for non-Spanish employer, €2,800+ monthly income, valid 1 year + renewal up to 5; eligible for Beckham Law. (2) Non-Lucrative Visa — for retirees and passive-income holders, €30K+ annual passive income required, no work in Spain permitted, valid 1 year + renewable. (3) Entrepreneur Visa — for founders setting up a Spanish-incorporated business with a viable plan and economic substance. EU/EEA citizens have free movement — no visa required, just register for residency (NIE + empadronamiento + residency certificate) within 90 days of arrival if staying long-term.

08 / Mortgages for non-residents

Mortgages for non-residents

60-70% LTV for EU, 50-60% for non-EU. Bank valuations come in 5-15% under contract.

Spanish banks lend to non-residents but with tighter terms. Loan-to-value: 60-70% for EU residents, 50-60% for non-EU. Maximum term: 25 years (some banks 20). Age cap at maturity: typically 70-75. Rates: 4-5% variable (Euribor + spread of 1.5-2.5%), 4.5-5.5% fixed (5-30 year fix available). Required documentation: last 3 years tax returns from home country, last 6 months bank statements, employer letter confirming income, proof of NIE, application typically completed in person at the Spanish branch. Process timeline: 4-8 weeks including the bank-ordered valuation (€500-1,200, buyer pays). Bank valuations frequently come 5-15% below contract price — the bank lends against the lower number, so plan deposit accordingly. Mortgages above €1M get scrutinised harder; full underwriting can take 8-12 weeks. Pre-approval (oferta vinculante) before offering is strongly advised so you don't lose deposits on a financing fall-through.

09 / After the keys

After the keys

Utilities, community, IBI, cadastre, rental licence. Five tasks in the first 30 days, then the annual rhythm.

Five tasks in the 30 days after escritura. (1) Transfer utilities — electricity (Endesa, Iberdrola), water (Hidralia in Marbella), gas if relevant. Bring your NIE, deed copy, and IBAN; takes 1-3 weeks. (2) Register with the community — comunidad de propietarios notification, set up direct debit for quarterly community fees. (3) Set up IBI direct debit with the Marbella town hall (Recaudación Municipal). (4) Update the cadastre — file Modelo 901 to register the change of ownership with Catastro within 2 months. (5) If renting the property out, register for VTAR (turística) license with Junta de Andalucía — operating without one carries €18-150K fines. Annual obligations going forward: Modelo 210 (non-resident imputed income tax) before December 31; community fees quarterly; IBI annually (usually October/November billing). If you become tax resident (>183 days/year in Spain), shift to Modelo 100 (annual income tax) and consider Beckham Law in your first year.

FAQ / 10

Frequently asked

The ten most common buyer questions we field. Bookmarked so they answer for themselves.

Do I need a Spanish lawyer to buy property in Marbella?
Technically no — by law, only the notary is required. Practically yes — an independent Spanish-qualified abogado is essential. They run the title search, verify there are no debts, check urban planning compliance, draft the reservation contract, and represent you at signing. Budget 1-1.5% of purchase price + VAT for a reputable independent firm. Never use the seller-side lawyer.
How much do total purchase costs add on top of the property price?
Plan for 12-15% on resale (ITP 7-10% + notary ~0.5% + registration ~0.5% + lawyer 1-1.5% + bank fees). New builds 13-16% (10% VAT + 1.2% AJD stamp duty + the same notary/registry/lawyer stack). On a €5M villa you are budgeting €600-750K above the headline price.
What is a NIE and when do I need it?
NIE (Número de Identificación de Extranjero) is your Spanish foreigner tax ID. Required before signing the title deed (escritura), opening a bank account, paying taxes, and registering utilities. Get it at the Spanish consulate in your home country (4-12 week wait) or with a Spanish lawyer via power of attorney (1-3 weeks). Apply before you start serious offers, not after.
Can a non-resident get a mortgage in Spain?
Yes, but expect 30% minimum deposit (often 40% for non-EU citizens), 25-year maximum term, age cap typically 70-75 at maturity. Rates 4-5% variable / 4.5-5.5% fixed as of 2026. Spanish banks lend against the lower of valuation or purchase price. Application takes 4-8 weeks including the bank valuation. Pre-approval before offering is strongly advised.
What is the Beckham Law and am I eligible?
A special tax regime: 24% flat income tax (vs progressive up to 47%) on Spanish-source income for your first six years as a tax resident. Eligible if (a) you have not been Spanish tax resident in the prior 5 years, (b) you move to Spain for work — including remote work for a foreign employer or to direct your own foreign-domiciled company. Apply within 6 months of starting Spanish residency. Worth €100-300K/year of tax for high earners.
How does the Golden Visa work for property purchase?
As of 2026, the Spanish Golden Visa property route is closed to new applicants (legislation passed in 2024 eliminated property as a qualifying investment). Existing Golden Visa holders retain status under previous rules. Non-EU buyers seeking residency now use alternative routes: digital nomad visa, non-lucrative visa (passive income), or the entrepreneur visa. Speak with immigration counsel before assuming property purchase grants residency.
What property checks should my lawyer run?
Five must-haves: (1) nota simple from the Registry — confirms ownership, charges, mortgages; (2) certificado catastral — verifies cadastral boundaries match the deed; (3) certificado de deudas from the community — clears outstanding fees; (4) IBI receipt for the past 4 years — confirms property tax up to date; (5) Licencia de Primera Ocupación + Cédula de Habitabilidad — confirms legal occupancy. For new builds, add the bank guarantee on stage payments.
How do reservation contracts and deposits work?
Three-stage convention: (1) reservation contract with €6-15K deposit holds the property for 7-30 days while due diligence runs; (2) private purchase contract (arras) — buyer pays 10% deposit, both parties legally bound, typical 30-60 day window to closing; (3) escritura at the notary — balance paid, keys handed over, registration filed. If buyer walks after arras, they forfeit the 10%; if seller walks, they pay buyer double. Both deposits are usually held in the lawyer's client account, not direct to seller.
How long does the whole process take from offer accepted to keys?
Cash, no mortgage, clean title: 6-8 weeks is realistic. With mortgage: 10-14 weeks given bank valuation + underwriting. Off-plan new build: depends on construction stage — 18-36 months not unusual from reservation to handover. Spanish bureaucracy adds friction; July-August are dead months. Build in a 15-20% timeline buffer for any process running through summer.
What ongoing costs should I budget after closing?
Annual: IBI (property tax) 0.4-0.6% of cadastral value, basura (refuse) €100-300, community fees €3-25K depending on tier, home insurance €800-3K, utilities €2-6K. Non-resident specific: IRNR (imputed income tax) on non-rented Spanish property at 1.1-2% of cadastral value × 24% (EU residents 19%) — typically €500-2,500/year. Annual filing obligation Modelo 210, due before December 31st for the prior year.
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Max Bykov runs every buyer engagement personally — brief, shortlist, viewings, due-diligence coordination, founder-led negotiation, post-close handover. No call centres, no junior agents, no seller-side conflicts of interest.