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How to buy property in Andalusia: the step-by-step process for foreign buyers

From your first reservation to the keys in your hand — the full conveyancing process explained in plain English.

By Carlos Babot Horcajadas, Abogado (ICA Málaga 10.971) · Babot-Aranguren Abogados

1. Before you offer: get organised

Two things make every later step smoother: a Spanish NIE number and a Spanish bank account. You do not need them to start looking, but you will need the NIE to sign the deed and pay taxes, so it is worth applying early. If you cannot be in Spain to sign, a notarial power of attorney lets your lawyer act for you.

2. The reservation

Once you agree a price, the agent usually asks for a small reservation deposit (often €3,000–€6,000) to take the property off the market. Never pay this without knowing what it commits you to. Ideally the reservation is conditional on satisfactory due diligence, so your money is protected if a problem is found.

3. Due diligence — the part that protects you

This is where an independent lawyer earns their fee. We obtain a nota simple from the Land Registry to confirm who owns the property, whether there are mortgages, charges or embargoes, and how it is described. We check the planning and licence position at the town hall, confirm the property is free of community debts, and verify that what is built matches what is registered.

4. The private contract (arras)

With due diligence clear, the parties sign a private purchase contract — normally a contrato de arras. You pay around 10% and a completion date is fixed. The wording matters enormously, because it decides what happens if either side pulls out.

5. Completion at the notary

On completion you sign the escritura pública before a notary, pay the balance, and receive the keys. The notary checks identity and formality; they do not act as your adviser. Your lawyer makes sure the funds, the cancellation of any seller mortgage, and the figures are all correct on the day.

6. Taxes and registration

After signing we pay the purchase taxes (ITP on a resale, or VAT plus AJD on a new build) and the plusvalía, then register the deed in your name at the Land Registry. From then on you hold full registered title — and, as a non-resident owner, you will file an annual Modelo 210.

Across Andalusia the steps are the same, but the risks differ by location and property type. That is why each of our location pages sets out what we check there specifically.

This guide is general information, not legal advice for your specific case, and tax and planning rules in Spain change frequently. For advice on a particular property, get in touch for a free consultation.

Carlos Babot Horcajadas, property lawyer in Málaga

Carlos Babot Horcajadas

Abogado · Ilustre Colegio de Abogados de Málaga (ICAMÁLAGA) nº 10.971

Spanish-qualified lawyer specialising in real-estate and tourism law for international buyers across the Costa del Sol and Andalucía — conveyancing, due diligence, tourist-rental (VUT/VFT) viability and non-resident tax. I act for the buyer only, with fees agreed in writing before we start, and I explain every step in English.

I practise at Babot-Aranguren Abogados, a Málaga firm established in 1993, and serve as Secretary of the Board of the AEEGC. I work in English, Spanish, Catalan and Italian.

Babot-Aranguren Abogados · est. 1993
Calle Salvago 3, 1º Izq · 29005 Málaga · +34 663 22 78 35
babot-aranguren.com
Babot-Aranguren Abogados office in central Málaga
Our office in central Málaga — Calle Salvago 3, a short walk from the Land Registry and the courts.

Questions about your purchase?

Message Carlos Babot Horcajadas on WhatsApp, call, or send the form for a free, no-obligation consultation — in English.