Malaga’s sunny coast draws thousands of foreign property buyers each year. But the Spanish legal system is complex, and many expats make costly mistakes — especially if they rely only on real estate agents.
This 10-step legal checklist helps foreign buyers avoid risk and purchase with peace of mind.
✅ Step 1: Hire an Independent Lawyer Early
Do not rely on the seller’s lawyer or the estate agent.
Choose a bilingual lawyer experienced in representing foreign buyers in Malaga.
📌 At Borderless Lawyers, we act only in your interest — never for both sides.
✅ Step 2: Request the Nota Simple
This is the legal title extract from the Land Registry.
It confirms:
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Ownership
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Debts or liens
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Property boundaries
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Legal use classification
📌 We obtain and review the nota simple as part of our standard due diligence.
✅ Step 3: Verify Planning and Zoning Compliance
Check for:
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Illegal constructions
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Urban planning violations
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Protected land use
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Rental restrictions
📌 Especially important in coastal and rural Malaga properties.
✅ Step 4: Check Debts, Utilities & Community Fees
You may inherit debts from the seller if you don’t check:
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Unpaid IBI (property tax)
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Garbage collection tax
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Electricity and water bills
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Community of owners’ fees
📌 We request official certificates before the signing.
✅ Step 5: Review the Energy Performance Certificate (EPC)
Required by law before a sale, the EPC shows:
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Energy rating of the property
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Efficiency issues
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Potential renovation costs
📌 Your agent may skip this — but we never do.
✅ Step 6: Sign a Legally-Sound Arras Contract
This reservation contract secures the deal — but can cost you your deposit if not done properly.
We:
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Draft or review the contract in bilingual format
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Add protective clauses
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Explain consequences if either party backs out
✅ Step 7: Obtain Your NIE Number
The NIE (Número de Identificación de Extranjero) is mandatory to:
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Sign the property deed
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Open a bank account
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Pay property taxes
📌 We apply for your NIE on your behalf — even remotely.
✅ Step 8: Prepare for the Notary & Escritura
We:
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Coordinate notary appointments
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Review the Escritura Pública de Compraventa (deed of sale)
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Represent you with Power of Attorney if needed
📌 You do not need to be in Spain to complete the purchase.
✅ Step 9: Register the Property & Pay Taxes
After signing:
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We register your ownership at the Land Registry
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Pay transfer tax (ITP) or VAT (IVA)
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Submit forms to the Tax Office (Modelo 600, 902N)
✅ Step 10: Final Report & Document Delivery
After closing, you’ll receive:
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Certified copy of the deed
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Tax receipts
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Registration proof
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Next steps for will, utility setup, or tax declarations
📌 All explained in English and securely delivered to you.
📞 Want a Lawyer Who Follows All 10 Steps?
Buying property in Malaga doesn’t have to be risky. Our experienced legal team handles everything — so you don’t miss a step.