Buying property in Marbella is legally possible for foreigners — whether you’re an EU citizen or not. But to complete the transaction and register ownership, you must follow specific legal requirements.
At Borderless Lawyers, we ensure every step is handled correctly — even if you’re purchasing remotely.
đź“ť 1. NIE Number (NĂşmero de IdentificaciĂłn de Extranjero)
Every foreign buyer must obtain an NIE to:
-
Sign the notary deed
-
Pay property taxes
-
Register ownership
-
Open a bank account in Spain
✅ We apply for your NIE in Marbella or via Power of Attorney if you’re not in Spain.
🏦 2. Spanish Bank Account
Required to:
-
Receive funds and pay the seller
-
Handle tax payments
-
Set up utilities, insurance, and community fees
Most banks require:
-
Passport and NIE
-
Proof of funds (AML compliance)
-
Spanish address or your lawyer’s contact
We assist you in opening an account remotely or in person.
🖊️ 3. Legal Representation or Power of Attorney
While not mandatory, it’s strongly recommended to hire an independent property lawyer to:
-
Conduct legal due diligence
-
Draft/verify the arras contract
-
Represent you at the notary
-
File taxes and register the deed
đź“Ś Most foreign buyers give their lawyer Power of Attorney (POA) to simplify the process.
đź“‘ 4. Deposit Contract (Contrato de Arras)
This is a legally binding pre-sale contract that:
-
Sets the terms, conditions, and timeline
-
Involves a 10% deposit
-
Includes penalty clauses if either party backs out
âś… We draft or review your arras contract to ensure legal protection before you commit.
🧾 5. Due Diligence Obligations
Before signing, we must check:
-
Title and ownership
-
Debts and charges on the property
-
Urban planning compliance
-
Cadastral and land registry details
This is legally optional — but skipping it is risky and can cost you thousands.
🏛️ 6. Signing at the Notary
The notary verifies:
-
All documents are in order
-
The seller is legally authorized
-
The funds are certified
-
The buyer understands the transaction
You can attend in person or let us sign for you via POA.
đź“ś 7. Property Registration & Tax Declarations
To become the legal owner, we:
-
File the deed at the Land Registry
-
Notify the Cadastre
-
Pay the ITP tax or VAT + stamp duty
-
Submit all forms within legal deadlines
âś… This is included in our full-service legal package.
đź’¬ Final Word
The legal requirements to buy property in Marbella are clear, but they must be followed precisely. Mistakes can lead to invalid ownership, unpaid taxes, or blocked registrations.
At Borderless Lawyers, we take care of every legal obligation for you — from NIE to notary to final registration.
đź“ž Contact us today to start your Marbella property purchase with full legal security.