English-speaking property law · Costa del Sol & Andalucía
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.
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.
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.
On hillside urbanisations we verify access rights, road ownership and any conservation-entity (EUC) obligations attached to the property.
Tourist letting is permitted but governed by each urbanisation's rules. We confirm the position for your specific complex.
We obtain your NIE and, if you're abroad, act under power of attorney so you never have to fly over to sign.
Full nota simple search at the Benalmádena Land Registry: ownership, charges, debts, embargoes and planning/licence status.
We review or draft the contrato de arras, protect your deposit and agree completion terms before any money leaves your account.
Signing of the escritura before a notary in Benalmádena, with funds and taxes handled correctly.
We register the deed, settle ITP/AJD and plusvalía, and set up your non-resident position via Modelo 210.
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.
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.
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.
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.
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.
We believe in transparency. These are the official sources behind the checks above, relevant to a Benalmádena purchase:
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.
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.