Common questionsConveyancing in Benahavís — answered
Do I really need a lawyer to buy in Benahavís?
It isn't legally compulsory, but in Benahavís it is strongly advisable. The estate agent and the notary don't represent your interests — the notary only confirms the signing is formally correct, not that the Benahavís property is free of debts, planning problems or licence defects. An independent buyer's lawyer is the only party working solely for you.
How much does conveyancing cost in Benahavís?
For a Benahavís purchase our fees are agreed in writing before we start, so there are no surprises. The exact amount is to be determined for your specific case — it depends on the property, the price and the checks involved (a straightforward resale, an off-plan, or a property needing extra due diligence). Tax (ITP or VAT), notary and Land Registry fees are separate, and we set all of it out for you up front.
Can you handle my Benahavís purchase if I'm not in Spain?
Yes. We obtain your NIE and act under a power of attorney, so the searches, contracts and the signing before the notary serving Benahavís can all be completed without you travelling. Most of our international clients complete their Benahavís purchase entirely remotely.
What is the 3% retention when I sell in Benahavís?
It applies when you later sell a Benahavís property as a non-resident: the buyer withholds 3% of the price and pays it to the tax office on account of your capital-gains tax, via Modelo 211. We make sure it is calculated correctly and reclaimed where too much has been withheld.
I've been told the property is on rustic land — is that a problem?
In Benahavís this comes up often. Many country and edge-of-town properties sit on suelo no urbanizable, and some were built or extended without a full licence. Under Andalusia's Law 7/2021 (LISTA) such buildings may only be regularised as an asimilado fuera de ordenación (AFO/DAFO), which limits works, mortgages and tourist use. We verify the exact planning status of your Benahavís property before you commit.
Are the pool and any extensions legal?
On Benahavís's higher-value villas this is the question that matters most. Pools, guest houses, terraces and garages added over the years frequently lack a licence or were never declared. We reconcile the registry against the built reality of your Benahavís property and confirm each element is legal before you complete.
