Malaga is one of Spain’s hottest destinations for international buyers — but it’s also full of hidden legal risks if you rush in without guidance.
This 10-step legal checklist gives you the clarity you need to buy safely and confidently in Malaga.
✅ Step 1: Get an NIE (Foreigner Identification Number)
You cannot buy property in Spain without an NIE.
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Apply at a Spanish consulate or in Malaga
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Can be done in person or by Power of Attorney
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Required to open a bank account, pay taxes, and sign the deed
✅ Step 2: Appoint an Independent Lawyer
Avoid relying solely on estate agents or sellers’ advisers.
Your lawyer will:
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Perform due diligence
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Draft and review contracts
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Represent you at the notary if needed
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Protect your interests throughout
🛡️ Borderless Lawyers offers fixed-fee legal packages for buyers in Malaga.
✅ Step 3: Verify Title & Ownership (Nota Simple)
We request a Nota Simple from the Malaga Land Registry to confirm:
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Legal ownership
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Absence of liens, debts, or mortgages
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Land classification and property boundaries
📌 Never sign a reservation or pay a deposit before this check.
✅ Step 4: Confirm Urban Planning Status
Many properties in Malaga — especially rural or coastal ones — may be:
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Built without licenses
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Partially illegal
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On protected land
We obtain:
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Urban planning certificate
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Building licenses
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Occupancy permit (cédula de habitabilidad)
✅ Step 5: Understand Taxes & Full Cost Breakdown
In addition to the purchase price, you’ll pay:
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7%–10% transfer tax (ITP)
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Notary and registration fees
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Legal fees
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Bank and currency costs
✅ We provide a full legal cost estimate before you commit.
✅ Step 6: Sign the Arras (Deposit) Contract — Carefully
This contract:
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Reserves the property
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Is legally binding
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Includes a 10% deposit
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Should include buyer protection clauses
We draft or revise the arras contract to safeguard your interests.
✅ Step 7: Open a Spanish Bank Account
You’ll need it to:
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Transfer funds for the purchase
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Pay ITP and registration fees
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Set up utilities and community charges
We assist with bank selection and account opening for non-residents.
✅ Step 8: Prepare for the Notary Signing
On signing day:
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The deed (escritura) is signed
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Payment is made (usually by bank cheque)
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Buyer receives keys
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We register the deed with the Land Registry
✅ You can attend or grant Power of Attorney to us.
✅ Step 9: Pay All Taxes Within Legal Deadlines
Your lawyer will:
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File the property transfer tax (ITP or VAT + AJD)
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Ensure compliance with the Hacienda and Andalusian tax agency
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Prevent late penalties or interest
✅ Step 10: Register the Property in Your Name
After signing:
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We register the deed at the Malaga Land Registry
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Update cadastral records and IBI tax office
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Change utility accounts and community ownership records
✅ Final confirmation includes a copy of the registered deed and updated records.
📞 Buying in Malaga? Let’s Make It Simple & Safe
At Borderless Lawyers, we’ve helped hundreds of foreigners buy homes in Malaga with complete legal security — from first viewing to key handover.