From your first conversation to the keys in your hand — a clear, current walkthrough of buying a home in Marbella, San Pedro and Benahavís, from a boutique real estate agency based in San Pedro de Alcántara. Handled in English, Russian, Spanish and French.
Seven stages, each coordinated by SOBE Invest so the only thing you focus on is choosing the right home. From an accepted offer to completion at the notary, the process typically takes around three months.
Set your all-in budget (allow 10–13% above the price for taxes and fees), arrange financing in principle, and obtain your NIE and a Spanish bank account.
From abroad? A Power of Attorney lets your lawyer handle the NIE and sign on your behalf.
Start with the where. As your buyer's agent, we match a neighbourhood to how you want to live — explore them in our Costa del Sol area guides — then curate a shortlist — including off-market homes you won't find on the portals.
We submit your offer in writing through SOBE. Once agreed, a Reservation Agreement takes the home off the market against a deposit — typically around 1% of the price — later deducted from the total.
The reservation is generally non-refundable, unless due diligence reveals a serious legal or planning issue with the property.
An independent lawyer confirms ownership via the nota simple, checks for debts and charges, verifies planning compliance — including the First Occupation Licence (LPO) and any extensions or reforms — and clears community and tax arrears.
For villas we also recommend a technical survey covering structure, installations and general condition before you commit.
Both sides sign the binding contract (arras), setting price, completion date and terms. You typically pay 10% of the price at this stage.
Under Spanish arras rules, a buyer who withdraws forfeits the deposit — and a seller who withdraws must return it twofold. It protects both sides.
You sign the Title Deed (escritura) before a notary, pay the balance, receive the keys, and the home is registered in your name.
The balance is normally paid by Spanish banker's drafts issued on the day — the standard, secure method for completion in Spain.
We transfer utilities, update the town hall for IBI, arrange insurance and set up community fees — so nothing is left loose.
Purchase tax is settled within 30 working days; ongoing ownership costs are modest — annual IBI, Basura and, for non-residents, a small imputed income tax.
Viewings decide the purchase. A few rules from the field make the difference between a tour and a sound decision.
The figures that actually apply on the Costa del Sol today — the biggest variable is resale versus new build.
ITP is charged on the higher of the price or Cadastral reference value, paid within 30 working days.
VAT and ITP never both apply — new builds pay IVA + AJD instead of transfer tax.
Rule of thumb: budget 10–13% on top of the purchase price for the full transaction. Unfamiliar terms? See our real estate glossary.
Non-resident buyers can typically borrow up to around 60–70% of the property value from a Spanish bank. An agreement in principle early strengthens your negotiating position.
Spain's residency-by-investment "Golden Visa" was discontinued in April 2025 and is no longer available. The non-lucrative and digital nomad visas remain — we can connect you with specialist advisors.
The Costa del Sol offers both in depth. Each route rewards a different kind of buyer.
Three advanced questions we walk investment clients through before they commit.
A finished home is the fastest and most predictable route. Reforming a villa in a prime location can create real value — with permit and cost risk. Building from a plot gives maximum control, but is the slowest and riskiest path.
Retaining walls, geotechnical studies and soil reinforcement can add substantial costs before construction even begins. We budget plot preparation conservatively — and verify buildability before you reserve.
Land bought from a private owner carries 7% Transfer Tax; land sold by a company is typically subject to 21% VAT instead. The seller's status changes your numbers — check it before you make an offer.
Most failed purchases fail the same way. All seven are avoidable.
Arriving unprepared. Without an NIE, financing and funds in place, the right home goes to a better-prepared buyer — even one offering less.
Working with too many agencies. Listings here are shared; five agents means duplication and weaker advice, not more choice.
Buying the house, not the area. A great home in the wrong setting is still the wrong purchase. Test the neighbourhood at different times of day.
Negotiating emotionally. Dealing directly with the seller, over-pushing small discounts or moving slowly on paperwork — all three kill deals.
Skipping due diligence. Even homes at the top of the market can carry legal or planning issues. The checks are your safety net.
Underestimating the full cost. The asking price is not the budget: add 10–13% in taxes and fees, plus furnishing and any works.
Ignoring resale. Circumstances change. Liquidity and resale potential belong in the logic of every purchase — even a forever home.
Spanish property law had a loud eighteen months — and most of the noise aged badly. Here is the honest 2026 picture, the way SOBE explains it to clients before they buy in Marbella, separated into what is law, what is still only a headline, and what it changes in practice.
Announced in January 2025, submitted to parliament in May 2025 — and, as of mid-2026, never once debated or voted on. The government's own January 2026 housing package left it out, and its minority coalition lacks the votes to pass it. It is not a cost you pay today, and Spanish tax law does not reach back to completed purchases. Two practical notes for non-EU clients who buy in Marbella: new-build homes bought from a developer are taxed under IVA rather than ITP, which places them outside the proposed mechanism as drafted; and buyers who become Spanish residents before completion would fall outside its scope entirely. SOBE monitors the bill for every active client brief — our advice is planning, not panic.
Spain's investor visa ended on 3 April 2025: purchasing property no longer grants residency by itself. What we see on the ground a year later is that serious buyers were rarely buying for the visa — and those who do want residency now use the ordinary routes (the digital nomad visa for remote workers, the non-lucrative visa for retirees and passive-income holders), settled with an immigration lawyer in parallel to the property search. Ownership itself remains unrestricted: any nationality can buy in Marbella exactly as before.
This is where 2026 genuinely changed the arithmetic. Three layers now apply to short-term rentals in Andalusia: the regional VUT licence with capacity rules and materially higher sanctions; the community-of-owners filter — under the reformed Horizontal Property Law, a community can restrict or prohibit tourist use by a three-fifths majority, and many Marbella communities have voted; and the state-level single rental registry, made mandatory for platforms in July 2025 and then partially annulled by the Supreme Court in May 2026 — with platform verification duties still standing. The rules are, quite literally, still moving. The practical conclusion has not changed since we wrote this guide: never assume a property can be rented short-term. SOBE verifies the licence position, the community statutes and the registry status of a specific home before you commit — it is one of the first checks in every purchase we run.
The quietest change of 2026, and for renovation investors the most expensive one. Andalucía's reduced 2% ITP rate — the incentive that let registered property professionals buy a home for resale at a fraction of the standard transfer tax — was rewritten by Ley 8/2025, in force since 1 January 2026. Two new limits apply: the home (with its annexes) may not exceed €500,000 in value, and the resale must now complete within two years instead of five. Above the cap, the general 7% rate applies in full. In practical Marbella terms: most prime renovation projects sit above €500,000, so a professional flip that entered 2025 at 2% enters 2026 at 7% — five points added to the entry cost before a single wall comes down. There is no transitional regime for the new rules; purchases completed by 31 December 2025 keep the old conditions. The incentive now clearly favours fast, mid-market rotation — and makes the entry price and works budget even less forgiving at the top end. When SOBE models a renovation purchase for a client who wants to buy in Marbella and resell, the tax position is run both ways — with and without the reduced rate — before the offer is made, not after.
The fundamentals of buying in Marbella in 2026 are the same ones this guide walks you through: ITP at a flat 7% on resales across Andalucía, IVA plus AJD on new builds, the reservation-arras-notary sequence, and due diligence done properly by an independent lawyer. Demand on the Costa del Sol has not waited for Madrid's debates — and neither have the best properties. If a headline is the only thing holding your plans, talk it through with SOBE first; separating law from noise is a large part of what a boutique advisory is for.
The practical details behind each step — answered the way we'd answer them across the table.
Around three months from an accepted offer to completion at the notary. The private purchase contract usually follows two to four weeks after reservation, with completion one to two months later. The Land Registry then updates the title in your name within about a month.
Typically around 1% of the purchase price, deducted from the total at completion. It is generally non-refundable if you simply change your mind — but returned if due diligence uncovers a serious legal or planning issue.
The arras deposit — normally 10% — cuts both ways. A buyer who withdraws forfeits the deposit; a seller who withdraws must return it twofold. This is why the private purchase contract, not the reservation, is the real point of commitment.
No. A Power of Attorney allows your lawyer to obtain your NIE, sign the contracts and complete at the notary on your behalf. Many of our clients purchase entirely from abroad and visit only for viewings — or after the keys are theirs.
By banker's drafts (cheques bancarios) issued by a Spanish bank — the standard, secure method for completion in Spain. If the seller has an outstanding mortgage, one draft goes directly to their bank to cancel it on the same day. This is one of the reasons a Spanish bank account is strongly recommended.
Three layers. Legal: ownership, debts, charges and community or tax arrears via the nota simple. Urbanistic: planning compliance, the First Occupation Licence (LPO) and any extensions or reforms. Technical: the condition of the structure and installations — especially important for villas.
Ownership costs in Spain are modest: annual IBI (local property tax based on cadastral value), Basura (refuse collection) and, if you are not tax resident in Spain, a small non-resident income tax on imputed income — payable even if you never rent the property out.
For most buyers, no. It concerns net Spanish assets above roughly €3.7 million per person after allowances, and mortgage debt secured on the property reduces the taxable base. For acquisitions at that level, we structure the review with a specialist tax advisor before you commit.
Usually yes, but holiday lets in Andalucía require a tourist rental registration, and individual communities can restrict or prohibit them. If rental income is part of your plan, we verify both points before you reserve — not after.
In most cases, personally — it is simpler, cheaper and cleaner on resale. A corporate structure only tends to make sense if you already hold assets through one, or a specialist advisor recommends it for your specific tax position. We can connect you with the right advisor to decide.
Not legally — but strongly recommended. It makes banker's drafts at completion, utility direct debits, community fees and any mortgage far simpler to manage. We help clients open one as part of the preparation stage.
With an established developer, yes — Spanish law requires stage payments to be protected by a bank guarantee (aval bancario), so your deposits are secured if the project fails to complete. The practical risks are delays of 6–12 months and finishes that differ from the showroom, which is why the developer's track record and contract terms are part of our due diligence.
No more than five or six. Beyond that, homes blur together and decisions get worse, not better. A curated shortlist seen properly — with a second, evening visit to the finalists — beats a marathon of fifteen viewings every time.
Because negotiations turn emotional quickly — and emotional deals die. An agent and a lawyer between the parties keep the discussion objective, keep momentum on the paperwork, and know when a small concession wins a large one. Sellers in this market also prioritise certainty: a calm, prepared buyer often beats a higher but messier offer.
It depends on how you want to live: the Golden Mile and Puerto Banús for beachfront prestige, Sierra Blanca and La Zagaleta for gated privacy, Nueva Andalucía for golf and family life, San Pedro for a relaxed town-and-beach rhythm, Benahavís and Estepona for space and long-term potential. We profile each in depth in our area guides.
Yes — and it offers the most control over the result, at the cost of time and complexity. Budget conservatively for plot preparation (geotechnical studies, retaining walls, soil works), verify buildability before reserving, and note the tax difference: private land carries 7% Transfer Tax, while land sold by a company is typically subject to 21% VAT.
An agent is not legally required — but on the Costa del Sol, listings are widely shared between agencies, so the real difference is not access but how the agency works for you: curating the search, handling negotiation and coordinating lawyers, banks and surveyors. On a resale purchase the agency commission is paid by the seller, so our work as your buyer's agent costs you nothing.
One practical note: working with several agents at once usually creates duplication and weaker advice. One trusted real estate agency, committed to your brief, serves you better.
The NIE (Número de Identidad de Extranjero) is Spain's identification number for foreigners — required for any property purchase. It can be obtained in Spain, at a Spanish consulate abroad, or by your lawyer under Power of Attorney, usually within a few weeks.
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