Your Guide to Buying Property on the Costa del Sol

The Costa del Sol does not have a centralised property database equivalent to Rightmove or Zillow. Properties are listed across multiple agents, often simultaneously, and a significant proportion of the best properties — particularly at the top of the market — are never publicly listed at all. Working with an agent who has genuine market access and vendor relationships is the most effective way to see everything available, not just everything online.

The western Costa del Sol spans an enormous range of characters and price points within a relatively small geographical area. Our area guides cover every significant zone in detail, but the key questions that determine which area is right for you are: How important is beach proximity versus space and privacy? Do you want to be in a golf community? How important is walkability and access to a real town? How far are you willing to be from the airport?

We strongly recommend spending time in any area you are seriously considering before committing — not just on a summer afternoon, but at different times of day and ideally at different times of year. The Costa del Sol in October is a very different environment from July, and permanent residents universally tell us that the off-season feel of an area matters as much as the summer experience.

We typically recommend viewing no more than five or six properties per day. More than this, and the properties begin to blur — details that matter get lost, and fatigue affects judgment. We curate viewing days carefully, sequencing properties so that each one builds on what you have already seen and clarifies rather than confuses your thinking.

For any property you are seriously interested in, a second visit is essential — and ideally at a different time of day. Light, noise levels and the feel of a neighbourhood change significantly between morning and evening. Drive around the community on your own after a guided tour. Walk to the beach, or to the nearest restaurant, and judge whether the distance feels right in practice rather than on a map.

Once you have identified a property you want to pursue, the process of securing it begins with a written offer. In Spain, verbal offers carry no legal weight — everything must be in writing to be taken seriously.

A formal offer letter should include: the offered price, the duration of the offer (typically 48–72 hours), proposed payment terms, any conditions attached to the offer (such as mortgage approval or survey results), and a proposed completion timeline.

It is standard practice to accompany a written offer with a good faith deposit of €6,000–€20,000, held in the agent's client account. This demonstrates genuine intent and, in competitive situations, can be the difference between your offer being taken seriously and another buyer's offer being preferred. If the offer is not accepted, the deposit is returned in full.

The Costa del Sol market at the luxury end has been strongly seller-favoured in recent years, particularly for well-priced properties in sought-after locations. This does not mean negotiation is impossible, but it does mean that opening with an unrealistically low offer can damage a relationship and remove you from consideration for a property you genuinely want. We will give you an honest assessment of the negotiating position for any specific property and advise accordingly.

For new-build properties, the developer sets a fixed price list and there is typically limited room on price. However, there is often more flexibility on included extras, furniture packages, storage units, parking spaces and payment stage structures.

Once an offer is accepted, the legal process begins in earnest. There are two stages of contract before completion: the reservation contract and the private purchase contract. Your lawyer is your most important ally throughout this process.

The reservation contract (Contrato de Reserva) takes the property off the market while due diligence is completed. It is signed relatively quickly — usually within a few days of offer acceptance — and accompanied by a reservation deposit of typically 1% of the purchase price, though this varies. The property is now reserved exclusively for you.

If you withdraw from the purchase after signing the reservation contract, the deposit is non-refundable. If the seller withdraws, they are typically required to return double the deposit.

While the property is reserved, your lawyer conducts the legal checks. These include: confirming clean title (the seller owns what they are selling), checking for outstanding mortgages, charges or debts registered against the property, verifying community fee status, confirming planning compliance and the legality of any structures on the property, and reviewing the cadastral registration. This process typically takes 7–21 days depending on the complexity of the property.

On the Costa del Sol, planning history deserves particular attention. Certain properties in the Marbella municipality have complex planning histories and your lawyer should specifically verify that all structures are legally compliant and that no outstanding planning obligations affect the property.

Once due diligence is complete and both parties are satisfied, the private purchase contract (Contrato Privado de Compraventa) is signed. This is a binding agreement between buyer and seller setting out the full terms of the sale.

At this point, a further payment is made bringing the total paid to 10% of the purchase price (including the reservation deposit). This is the point at which both parties are fully committed — if you withdraw after this stage without legal justification, you forfeit the 10%. If the seller withdraws, they must return double your deposit.

The private contract will specify the completion date, typically 4–12 weeks ahead, by which time the remaining balance and all taxes must be ready.

Completion in Spain takes place at a Notary's office (Notaría). The Notary is a state-appointed public official whose role is to verify the identity of the parties, confirm the legality of the transaction and register the title transfer. The Notary is not your lawyer — they are a neutral official of the state.

Both buyer and seller (or their legal representatives with power of attorney) must be present or represented. Your lawyer will have reviewed the title deed (Escritura Pública) in advance and confirmed it accurately reflects the agreed terms.

At completion, the balance of the purchase price is paid — typically by banker's draft (cheque bancario) from a Spanish bank account. Payment of the remaining balance, all taxes and notary fees must be prepared in advance and confirmed with your lawyer. Once the deed is signed and witnessed by the Notary, ownership transfers to you immediately.

The original signed deed is collected by the Notary for land registry submission. You receive a notarised copy. Full registration typically takes 2–8 weeks, after which the registered deed is issued to you through your lawyer.

If you cannot attend completion in person, you can grant your lawyer Power of Attorney (Poder Notarial) to act on your behalf. This is common among international buyers and is entirely standard. The Power of Attorney must be prepared and notarised in advance — your lawyer will handle this process.

Community fees vary widely — from a few hundred euros per year in a simple complex to €15,000–€30,000 per year in La Zagaleta, where the fees cover the full resort infrastructure. Always verify the community fee before purchase and review the community's reserve fund and recent accounts.

Utilities — electricity, water, gas and internet are standard ongoing costs. Properties that have been unoccupied may need utilities reconnected in your name; your lawyer or estate agent can assist.

Home insurance — buildings insurance is typically required if a mortgage is in place. Contents insurance is advisable for all buyers. Several specialist insurers work specifically with international property owners on the Costa del Sol.

Completion is the beginning of your life on the Costa del Sol, not the end of the process. There are practical steps to take in the weeks following purchase, and we remain available to assist with all of them.

Purchasing property in Spain does not automatically confer residency. If you intend to spend more than 183 days per year in Spain, you are required to register as a tax resident. For non-EU buyers spending significant time in Spain, the Beckham Law (Ley Beckham) provides a favourable flat-rate income tax regime for the first six years of Spanish tax residency — your tax advisor can assess whether this applies to your situation.

The Golden Visa programme provides residency rights to non-EU buyers who invest €500,000 or more in Spanish property. This programme has been the subject of political discussion, so confirm its current status with your lawyer at the time of purchase.

Many buyers choose to renovate or personalise their property after purchase. Cosmetic works require no licence; structural works, additions or changes to the building envelope require a municipal licence from the relevant town hall. Processing times vary considerably — Benahavís is generally faster than Marbella municipality. Your architect can advise on the specific requirements for any planned works.

We have long-standing relationships with architects, interior designers, contractors and project managers operating on the Costa del Sol and are happy to make introductions across all categories.