What Is Conveyancing in Spain?

Conveyancing is the legal process of transferring ownership of a property from the seller to the buyer.

In Marbella, this involves:

  • Legal due diligence

  • Contract negotiation

  • Title checks

  • Coordination with notaries and the Land Registry

  • Tax declarations

💡 Spanish law does not require you to use a lawyer — but as a foreign buyer, it’s absolutely essential to avoid risk.


⚖️ Why Foreign Buyers Need Independent Legal Help

Unlike many countries, in Spain:

  • Real estate agents work for the seller

  • Notaries are neutral and do not verify everything

  • Many properties are sold with legal or planning irregularities

✅ Our job as your independent lawyer is to protect you, not the agent or seller.


🔍 Step-by-Step Conveyancing Process in Marbella


✅ 1. Title Deed Check

  • Is the seller the rightful owner?

  • Is the property registered properly?

  • Are there any liens, mortgages, or embargoes?


✅ 2. Urban Planning & Zoning Review

  • Is the property legally constructed?

  • Can you renovate or expand it?

  • Is it in a protected zone?

We consult the PGOU Marbella and local planning office.


✅ 3. Licenses & Certificates

We verify:

  • Habitation certificate (cédula de habitabilidad)

  • Energy performance certificate (CEE)

  • Community of owners’ compliance


✅ 4. Financial & Tax Review

  • Are IBI taxes paid up to date?

  • Are utilities, garbage fees, and community charges cleared?

  • Are you liable for any pending costs?


✅ 5. Deposit Contract (Contrato de Arras)

We:

  • Draft or review the contract

  • Insert protection clauses for the buyer

  • Set clear penalties, payment terms, and conditions


✅ 6. Public Deed Signing at Notary

We coordinate:

  • The deed draft with the seller and notary

  • Fund transfers

  • Verification of all required documents

  • Final registration with the Land Registry

✅ If you’re abroad, we handle this fully with Power of Attorney.


💶 What Does Conveyancing Cost in Marbella?

Item Estimated Cost
Legal fees €1,500–€3,000 (fixed or % based)
Notary + Registry fees €1,200–€2,000
Due diligence extras (if rural or complex) €300–€600

We provide a clear, fixed-fee quote before starting.


❌ Common Pitfalls We Help You Avoid

  • Buying property with debts or liens

  • Discovering illegal constructions after paying deposit

  • Not understanding tax implications (ITP, AJD)

  • Missing inheritance or residency planning

  • Signing contracts that favor the seller


🧑‍⚖️ How Borderless Lawyers Supports You

  • Full bilingual due diligence

  • Custom-arras drafting & negotiation

  • PGOU & urban planning analysis

  • Tax advice tailored for non-residents

  • Power of Attorney setup for remote buyers

  • Title registration + NIE support


📞 Buying in Marbella? Start with a Legal Review

Before you sign a contract or pay a deposit, have a lawyer review the property.

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