One — the price is not the cost
The advertised figure is what the seller receives. What leaves your account is more, and how much more is decided by one thing: whether the residence is a resale or a new build.
A resale in Andalusia pays ITP at 7% and no AJD; a new build pays IVA at 10% plus AJD at 1.2% (11.2% together) and no ITP. ITP is the transfer tax (Impuesto sobre Transmisiones Patrimoniales); IVA is VAT, paid to the developer with the price; AJD is stamp duty.
On top of either: notary, land registry and a lawyer. Notary and land-registry fees are statutory tariffs (Real Decreto 1426/1989 and Real Decreto 1427/1989), not percentages of the price. A lawyer's fee is agreed, not regulated: commonly 0.5–1% of the price plus 21% IVA. In the worked examples at €2–5 million — notary and land registry as estimated invoices, lawyer at 0.75% plus IVA — the total comes to 8.0–8.2% on top of the price for a resale and 12.2% for a new build. Only the tax is fixed by law; the other lines are estimates. A mortgage adds the bank's own valuation and arrangement fees.
Worked plainly: on a €2,000,000 resale the acquisition costs come to about €163,170 (8.2%), of which €140,000 is transfer tax. The same money spent on a new build carries €224,000 of tax — IVA of €200,000 plus AJD of €24,000. That difference in tax — €84,000 — buys a great deal of furniture, and it is invisible in the listing price. The lines behind each figure are on /marbella-buying-costs-guide.
One further trap specific to Spain: ITP on a resale in Andalusia is 7% of the price, or of the Catastro's reference value if that is higher (Article 41 of Andalusia's Ley 5/2021; Article 10.2 of the ITP-AJD law). Your lawyer checks the reference value before you sign, not after.
Two — you cannot complete without an NIE
The NIE (Número de Identidad de Extranjero) is the foreigner identification number, and nothing happens without it: no deed, no utilities in your name, no Spanish bank account, no tax filing.
It is obtained either at a Spanish consulate in your country of residence or in Spain at a National Police station, and can be applied for through a representative with power of attorney. The state fee is about €10 per person; allow two to six weeks, depending on the police station or consulate and on whether a lawyer applies under a power of attorney — which is exactly why it should be started at the brief stage rather than after an offer is accepted.
A Spanish bank account is the second practical prerequisite. Banks apply full source-of-funds checks to foreign buyers; assembling those documents takes longer than most people expect, and a delay here can push completion past a contractual deadline.
Three — buying property no longer gives you residency
Spain's investor residence visa (the Golden Visa) — every route, not only property — was abolished by Ley Orgánica 1/2025 of 2 January (final provision 21), in force since 3 April 2025. Buying property gives no right of residence at any price.
This matters most to buyers outside the EU, who remain subject to the Schengen 90-in-180-days rule regardless of what they own. If your plan requires more time in Spain than that, the route is a separate visa application on its own merits — the non-lucrative visa, or a work or business route. The Beckham regime, often mentioned in the same breath, is a tax regime, not a visa: it gives no right of residence.
Any agent still selling a Spanish property as a residency instrument is either out of date or telling you what you want to hear. Treat it as a signal about the adviser, not about the property.
Four — the lawyer is not the agent, and should not be
In Spain the estate agent is usually paid by the seller. That is normal and not sinister, but it means the agent is not your independent check on the asset. Instruct your own lawyer, chosen by you, before you sign anything.
What the lawyer actually verifies, and why each matters:
Nota Simple — the land registry extract naming the true owner and every charge, mortgage or embargo on the title. Debts in Spain attach to the property, not only to the person who ran them up.
Licence of first occupation and the cédula de habitabilidad — that the residence is legally habitable. Andalucia has a long history of properties built without complete permissions, particularly inland and on hillside plots.
Cadastral and registry agreement — that the built area on the deed matches what is physically there. Unregistered extensions and pool houses are common and must be regularised before, not after, you own them.
Community debts and the AEAT position — outstanding community fees and IBI transfer with the property.
None of this is exotic. All of it is routine, and all of it is why a cash purchase typically takes two to three months from reservation to deed, and longer with a mortgage — a feature rather than a delay.
Five — the deposit chain has teeth
Spanish practice moves through three stages, and the money hardens at each one.
Reserva — a reservation payment, commonly around €6,000 to €20,000 or a small percentage, which takes the property off the market for a defined window while checks run. Usually forfeited if you simply change your mind.
Arras penitenciales — the private contract, customarily 10% of the price. This is the stage most foreign buyers underestimate. Under Article 1454 of the Civil Code, a buyer who walks away loses the deposit and a seller who walks away repays double. It is a real, enforceable commitment on both sides.
Escritura — the notarial deed, signed before a notary with the balance paid, at which ownership transfers.
The practical consequence: do the legal work before the arras, not between arras and escritura. Once the private contract is signed, discovering an unregistered extension costs you the 10%, not the seller.
What this looks like in practice
The mechanics above are the same whether you are buying an apartment in Estepona or an estate in Benahavís. What changes with the price is how much the fifth point costs to get wrong.
Muse Select lists residences for the owners and developers who instruct it and introduces buyers to residences on the shared register. It works from the register rather than from one agency's stock. The register is compiled from shared listing feeds and deduplicated so that each residence appears once. The register is refreshed hourly. The practical use of that at this stage is simple: before you spend money on legal work, it is worth knowing whether what you want exists at the price you have in mind, and in which part of the coast.
Describe what you are looking for in the search below and the answer comes back on this page. Nobody asks for your name to see it.
“I would like to express my gratitude to the Muse real estate agency in Marbella, with whom I have had an exceptional collaboration during the process of purchasing a home for my clients. Without a doubt, they have a highly skilled and committed team. I wholeheartedly recommend their services.”
“From the first interaction, Maria demonstrates professionalism and a keen understanding of her clients’ needs. Whether buying or selling, her guidance is always informed, reliable, and tailored to the client’s best interests.”
Frequently asked questions
How much does buying a property in Spain cost on top of the price?
A resale in Andalusia pays ITP at 7% and no AJD; a new build pays IVA at 10% plus AJD at 1.2% (11.2% together) and no ITP. In the worked examples at €2–5 million — notary and land registry as estimated invoices, lawyer at 0.75% plus IVA — the total comes to 8.0–8.2% on top of the price for a resale and 12.2% for a new build. Only the tax is fixed by law; the other lines are estimates.
Do I need an NIE to buy property in Spain?
Yes. The NIE (foreigner identification number) is required to sign the deed, open a Spanish bank account and register utilities. Apply at a Spanish consulate or in Spain, or through a representative with power of attorney, and start it at the briefing stage rather than after an offer.
Does buying a house in Spain give you residency?
No. Spain's investor residence visa (the Golden Visa) — every route, not only property — was abolished by Ley Orgánica 1/2025 of 2 January (final provision 21), in force since 3 April 2025. Buying property gives no right of residence at any price. Non-EU buyers remain subject to the Schengen 90-in-180-days rule and need a separate visa on its own merits.
What happens if I pull out after signing the arras contract in Spain?
Under arras penitenciales — the customary 10% private contract — a buyer who withdraws forfeits the deposit and a seller who withdraws repays double, per Article 1454 of the Spanish Civil Code. This is why the legal checks belong before the arras, not after.
