Although buying abroad can initially feel daunting, purchasing property in Marbella is a relatively straightforward process for international buyers. Spain places no general nationality-based restrictions on property ownership, which means non-residents can buy homes in much the same way as Spanish citizens.
However, the process is likely to differ from the one you know at home. Deposits are often paid at an earlier stage, reservation agreements may be binding and the buyer is expected to appoint independent professionals to protect their interests.
With the right preparation, these differences should not be a cause for concern. This step-by-step guide explains what foreign buyers need to know when purchasing property in Marbella in 2026.
Step 1: Decide what you want from the property
Before arranging viewings, consider how you intend to use the property.
Are you looking for a permanent home, a holiday base, a future retirement property or an investment? Perhaps you plan to use it personally for part of the year and rent it out at other times.
Your answer will influence the location, property type and facilities that are likely to suit you. A buyer seeking a low-maintenance second home may prioritise security, communal amenities and easy access to the airport. A relocating family may be more concerned with schools, year-round services and travelling times. An investor will need to consider rental demand, community regulations and the rules governing tourist accommodation.
Defining your priorities early will make the search more focused and reduce the risk of being distracted by properties that do not support your long-term plans.
Step 2: Establish your total budget
Your budget should include considerably more than the advertised purchase price.
Buyers must also allow for taxes, legal fees, notary and Land Registry costs and other professional expenses. The total will depend on whether you are buying a resale or new-build property and whether mortgage finance is required.
For a resale property in Andalucía, the general Property Transfer Tax, known as ITP, is 7%. A newly constructed home purchased directly from a developer is generally subject to 10% IVA, the Spanish equivalent of VAT, together with 1.2% Stamp Duty, known as AJD.
As a broad planning figure, many buyers allow approximately 10-13% above the purchase price, although the final amount will depend on the transaction.
Working from an all-inclusive budget rather than the asking price alone will help you search realistically and avoid financial pressure later.
Step 3: Arrange finance before making an offer
Foreign buyers can obtain mortgages in Spain, although non-resident lending criteria are usually more conservative.
Spanish lenders commonly finance around 60-70% of the lower of the purchase price or the bank valuation. The buyer must provide the remaining amount and the purchase costs from their own funds.
The exact loan available will depend on your income, age, employment status, assets and existing financial commitments. Banks typically request identification, payslips, bank statements, tax returns, loan details and evidence of savings.
Self-employed applicants and business owners may be asked for more extensive documentation.
Obtaining an initial mortgage assessment before making an offer gives you a clearer sense of your budget and demonstrates that you are in a position to proceed. Cash buyers should also organise their funds early, as banks and lawyers will require evidence showing their origin under Spain’s anti-money laundering rules.
Step 4: Obtain your NIE
Every foreign buyer needs a Número de Identidad de Extranjero, more commonly known as an NIE.
This identification number is used for legal, tax and financial transactions in Spain. You will need it to complete the purchase, pay taxes and register the property in your name.
An NIE is not the same as residency and does not give you an automatic right to live permanently in Spain.
Applications can be made in Spain or through certain Spanish consulates abroad. Your lawyer may also be able to apply on your behalf under power of attorney. Processing times vary, so it is advisable to start the application early.
Step 5: Appoint an independent lawyer
Choosing an independent Spanish lawyer is one of the most important steps in the purchase.
Your lawyer should act solely in your interests and should be experienced in property transactions involving international buyers.
Their role will normally include confirming legal ownership, checking the Land Registry, identifying debts or charges, reviewing planning permissions, checking community fees and examining the reservation and purchase contracts.
They will also arrange payment of the relevant taxes and register the property in your name after completion.
Planning checks are particularly important for renovated villas, rural homes and properties that have been extended. The physical property should correspond with the legal description held by the Land Registry and Cadastre.
Independent legal advice should be obtained before signing contracts or paying a substantial non-refundable deposit.
Step 6: Consider granting power of attorney
Many international buyers grant their lawyer a limited power of attorney.
This allows the lawyer to complete agreed tasks on your behalf, such as applying for the NIE, signing documents, paying taxes or attending completion.
It is particularly useful when you do not live in Spain or cannot travel whenever a signature is required. The document should clearly define what the lawyer is authorised to do.
Power of attorney does not remove your control over the purchase. It simply allows the process to continue efficiently when you are not physically present.
Step 7: Find the right area of Marbella
Marbella is not one single property market. Each area offers a different lifestyle, atmosphere and price point.
The Golden Mile places buyers close to the beach, Marbella centre, Puente Romano and Puerto Banús. Nueva Andalucía is known for golf, international residents and a wide range of villas and apartments.
Marbella East offers established residential communities, excellent beaches and an increasing choice of new developments. San Pedro de Alcántara appeals to families seeking a more walkable, year-round environment.
Benahavís attracts buyers looking for space, security, golf and elevated views, while Estepona and the wider western Costa del Sol may provide compelling alternatives depending on your budget.
Online research is useful, but it cannot fully communicate orientation, gradients, traffic or how an area feels outside summer. Local insight remains essential.
Step 8: Make a clear offer
Once you have found the right property, your agent can advise you on recent comparable listings, market demand and an appropriate offer strategy.
A well-structured offer should cover more than the price. It may also specify the intended completion period, whether furniture is included, whether the purchase depends on mortgage approval and any repairs or conditions agreed with the seller.
The lowest offer is not always the strongest. A seller may favour a well-prepared buyer with finance arranged and a clear timetable.
Any important condition should be recorded in writing and reflected accurately in the contract.
Step 9: Sign the reservation agreement
Once an offer is accepted, the buyer usually signs a reservation agreement and pays a reservation fee.
This removes the property from the market for an agreed-upon period while the lawyer conducts legal checks and prepares the private purchase contract.
The agreement should clearly state the purchase price, the property being reserved, what is included in the sale, the deadline for the next contract and the circumstances in which the reservation payment is refundable.
Buyers should never assume that a reservation payment can automatically be recovered. The document should be reviewed before money is transferred.
Step 10: Complete due diligence
Your lawyer will now investigate the legal and financial status of the property.
For a resale home, this normally includes confirming the registered owner, checking for mortgages or debts, and ensuring property taxes and community fees are up to date.
For an apartment or a home within an urbanisation, the lawyer may also review the community statutes and identify restrictions affecting renovations or holiday rentals.
For an off-plan property, checks should include the developer’s ownership of the land, planning permission, building licence, property specification, payment guarantees and expected completion schedule.
This stage is fundamental. Attractive presentation or a respected developer should never replace proper legal verification.
Step 11: Sign the private purchase contract
Once the initial checks are complete, the parties usually sign a private purchase contract.
For resale properties, the buyer commonly pays a deposit of around 10% of the purchase price, less any reservation payment already made.
Under a commonly used form of deposit agreement, a buyer who withdraws without a contractually protected reason may lose the deposit. If the seller withdraws, they may be required to return double the amount received.
The precise consequences depend on the wording, which is why legal review is essential.
The contract should record the full property description, price, completion date, deposits paid, included contents and what happens if either party fails to complete.
Step 12: Complete before the notary
Before completion, your lawyer will confirm the final Land Registry position, calculate all taxes and costs and prepare the completion funds.
A final inspection is advisable for resale properties, while buyers of new-build homes may arrange a professional snagging inspection.
Completion occurs upon signing the public title deed before a Spanish notary. The remaining balance is paid, the seller transfers possession and the buyer usually receives the keys.
The notary witnesses the signing and verifies the required formalities, but does not replace the buyer’s independent lawyer.
After completion, the purchase taxes are paid and the deed is submitted to the Land Registry so you are formally recorded as the owner.
Step 13: Understand the ongoing costs
Ownership brings continuing financial and tax obligations.
These may include local property tax, known as IBI, community fees, waste collection charges, insurance, utilities, maintenance and non-resident property tax.
Non-resident owners may have an annual Spanish tax obligation even when the property is not rented. Rental income may also need to be declared in Spain and in the owner’s country of tax residence.
Higher-value buyers should take advice on any wealth-related taxes that may apply, as well as inheritance and ownership planning.
Does buying property give you residency?
Buying a property and obtaining the right to live in Spain are separate matters.
Foreign nationals can own Spanish property without becoming residents, but ownership does not automatically allow a non-EU buyer to remain in the country indefinitely.
Residency rules depend on nationality and personal circumstances. Buyers planning to relocate should therefore seek current immigration advice alongside their property guidance.
Begin your Marbella property search with Kore Estates
Marbella is an international market, but every successful purchase depends on local detail.
At Kore Estates, we help international buyers understand the different areas, compare suitable properties and approach each stage of the purchase with transparency. We can also introduce trusted independent lawyers, mortgage specialists and other professionals required to move the transaction forward.
Whether you are looking for a holiday apartment, family villa, off-plan home, or long-term investment, our focus is on finding a property that suits both your immediate requirements and your future plans.
Contact Kore Estates to begin your Marbella property search with an experienced team committed to protecting your time, priorities and investment.