Why independent representation matters
Spanish conveyancing law does not require separate representation for buyer and seller. A single notary can prepare the escritura without either party having independent legal review. The vendor's agent often recommends a lawyer or gestora — this is not the buyer's lawyer; it is a service provider with a commercial relationship with the selling side.
The risks independent due diligence catches: undisclosed charges on the Nota Simple, urban compliance issues (illegal extensions, demolition orders), unreported IBI debts that transfer with the title, and community fee arrears. For a €3M purchase, legal fees of €2,500–€5,000 represent 0.08–0.17% of transaction value.
What the Nota Simple covers
The Nota Simple (Registro de la Propiedad) shows: registered owner, legal description (built area, plot, year), and charges (mortgage, embargo, easements). It costs €9 to obtain. It does NOT show: whether the property is built within planning permission, outstanding fines or demolition orders, or whether pool extensions have been declared to the Catastro.
Those require a separate urban compliance check with the Marbella or Benahavís municipal planning department (Gerencia de Urbanismo).
Urban compliance due diligence
The urban compliance stack: (1) Licencia de Primera Ocupación (LPO) — confirms the property was built and is occupied in accordance with the building licence. Properties built pre-1987 may lack one. (2) Urbanismo check — confirms no outstanding enforcement orders. (3) Catastro comparison — confirms the registered description matches the physical property; discrepancies indicate undeclared works. (4) IBI receipts for the last four years (statute of limitations for IBI debt transfer).
Approximately 20–25% of Marbella resale properties over 15 years old have some undeclared improvement. Most are manageable; a small number carry active enforcement proceedings requiring detailed analysis.
What buyer-side legal counsel costs
A buyer-side abogado for a €1.5M+ Marbella purchase: typically €2,500–€5,000 for a full engagement. This covers Nota Simple review, urban compliance, Catastro check, IBI history, community fee certificate, contract review (reserva, arras), deed review, and attendance or representation at notary.
Power of attorney (if buyer not present at completion): additional €400–€800. Document translation: €300–€600. Inheritance law advice (estate planning structures): billed separately, typically €1,500–€3,000.
“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.”