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English-speaking property law · Costa del Sol & Andalucía

Buying in Benalmádena?
Have a Spanish lawyer on your side.

Independent conveyancing in Benalmádena handled end to end by Carlos Babot Horcajadas, a Spanish-qualified solicitor — registry checks, debt and charges search, and contracts explained in plain English before you sign anything.

Spanish-qualified, ICA Málaga 10.971Fees agreed in writingEN · ES · CAT · IT
Why it matters here

What makes a Benalmádena purchase different

Benalmádena splits between the marina and beachfront apartments and the sprawling hillside urbanisations climbing toward the pueblo. On the slopes, the recurring issues are the titularity and maintenance of private roads and the conservation-entity charges that bind every owner. Those obligations don't always show on the listing but transfer fully to the buyer.

Between Benalmádena Costa, the marina at Puerto Marina and the urbanisations climbing to the pueblo, access rights and conservation charges differ street by street.

What we check

Buying inside a community

On Benalmádena's hillsides we trace who actually owns and maintains the access road, and what the conservation entity charges every owner.

You receive this as a written due-diligence report before you pay any deposit.

Specific to Benalmádena

The risks we check for in Benalmádena

Planning & licences

On hillside urbanisations we verify access rights, road ownership and any conservation-entity (EUC) obligations attached to the property.

Tourist-rental viability

Tourist letting is permitted but governed by each urbanisation's rules. We confirm the position for your specific complex.

The process

From reservation to keys, with no surprises

NIE & representation

We obtain your NIE and, if you're abroad, act under power of attorney so you never have to fly over to sign.

Due diligence

Full nota simple search at the Benalmádena Land Registry: ownership, charges, debts, embargoes and planning/licence status.

Private contract

We review or draft the contrato de arras, protect your deposit and agree completion terms before any money leaves your account.

Completion at notary

Signing of the escritura before a notary in Benalmádena, with funds and taxes handled correctly.

Registration & taxes

We register the deed, settle ITP/AJD and plusvalía, and set up your non-resident position via Modelo 210.

Common questions

Conveyancing in Benalmádena — answered

Do I really need a lawyer to buy in Benalmádena?

It isn't legally compulsory, but in Benalmádena 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 Benalmádena 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 Benalmádena?

For a Benalmádena 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 Benalmádena 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 Benalmádena can all be completed without you travelling. Most of our international clients complete their Benalmádena purchase entirely remotely.

What is the 3% retention when I sell in Benalmádena?

It applies when you later sell a Benalmádena 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.

How do I know there are no community debts on the property?

Before completing in Benalmádena we require a certificate from the community administrator confirming the seller is up to date. Unpaid community charges follow the property for the current year and the three previous ones, so this Benalmádena certificate protects you from inheriting someone else's debt.

Official resources

Verify it yourself — Benalmádena

We believe in transparency. These are the official sources behind the checks above, relevant to a Benalmádena purchase:

Guides & resources

Buying in Benalmádena: 10 guides worth reading first

Written by Carlos Babot Horcajadas for international buyers. These are the questions that come up most on a Benalmádena purchase — read them before you sign anything.

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.

Get your Benalmádena purchase checked properly

A free 20-minute call, no obligation. Message us on WhatsApp, call, or send the form and Carlos Babot Horcajadas will get back to you — in English.