Step-by-Step Legal Process to Buy a Home in Marbella

Buying a property in Marbella as a foreigner involves several legal steps — from securing your NIE number to signing the deed before a Spanish notary. Whether you’re buying a villa, apartment, or new-build, it’s essential to follow the process carefully to avoid delays or legal problems.

At Borderless Lawyers, we manage the entire legal process so foreign buyers can purchase confidently — even remotely.


🧾 Step 1: NIE Number (Foreigner Identification)

Every non-Spanish buyer must obtain an NIE to:

  • Sign contracts and deeds

  • Open a bank account

  • Pay taxes

  • Register the property

✅ We apply for your NIE in Marbella or remotely via Power of Attorney.


🏦 Step 2: Open a Spanish Bank Account

You’ll need this to:

  • Pay the seller

  • Pay notary, taxes, and registry fees

  • Set up utilities and community charges

We assist with this process and ensure the account is ready before the final deed.


🧐 Step 3: Legal Due Diligence

Before signing anything, we:

  • Verify ownership and debts

  • Check urban planning and building legality

  • Confirm cadastral and land registry data

  • Ensure the seller is legally authorized

✅ This prevents you from inheriting problems with the property.


✍️ Step 4: Contrato de Arras (Deposit Agreement)

We draft or review the arras contract, which:

  • Reserves the property

  • Sets the purchase price and timeline

  • Triggers a 10% deposit

  • Includes penalty clauses for cancellation

💡 Never sign this without a lawyer. We ensure you’re protected.


🏛️ Step 5: Notary Signing (Escritura Pública)

We arrange the signing of the final deed of sale:

  • Buyer and seller sign before a Spanish notary

  • Payment is certified and confirmed

  • You become the new legal owner

✅ You can attend in person or let us sign on your behalf via POA.


💸 Step 6: Pay Property Taxes & Fees

Within 30 days, we pay:

  • ITP (10%) on resale properties

  • Or VAT + stamp duty (new builds)

  • Notary and registry fees

  • Plusvalía tax (if contractually required)

We file all official forms with the Andalusian tax office.


🏠 Step 7: Register the Property in Your Name

We file the deed with the Land Registry and update:

  • The Cadastre (for property tax purposes)

  • Utility accounts

  • Community ownership records

📄 You receive an updated nota simple confirming ownership.


🔒 Step 8: Post-Purchase Support

We help with:

  • Setting up direct debits for taxes and utilities

  • Appointing a local fiscal representative (if non-resident)

  • Future legal needs: renovations, rentals, inheritance

✅ Our legal service continues even after your purchase is complete.


💬 Final Word

The legal process to buy a home in Marbella is structured, but each step must be completed carefully. Delays, missing documents, or tax errors can create serious problems — especially for foreign buyers.

At Borderless Lawyers, we handle everything — from NIE to registration — with full legal oversight and personalized service.

📞 Contact us today to start your Marbella property purchase with total peace of mind.

error: Content is protected !!