English-speaking property law · Costa del Sol & Andalucía
Independent conveyancing in Fuengirola 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.
Fuengirola is wall-to-wall apartments with one of the highest foreign-resident densities on the coast. Purchases are usually straightforward, but the stock is ageing: many blocks now face the mandatory building inspection (ITE) and the special levies (derramas) that come with it. The decisive checks are community debt, pending major works, and whether the community allows tourist letting.
From the Paseo Marítimo towers to Los Boliches and Torreblanca, much of Fuengirola's stock predates current standards, so the building's inspection history is where we focus.
Fuengirola's blocks are ageing; we read the last ITE report and the community minutes for any approved special levy before you commit.
You receive this as a written due-diligence report before you pay any deposit.
The risk here is rarely planning and usually the building itself. We check the ITE status, reserve fund and any agreed major-works levy before completion.
Many Fuengirola communities have voted to limit or ban short-term letting. We read the community statutes and minutes so a buy-to-let plan isn't blocked after you buy.
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 Fuengirola 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 Fuengirola, 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 Fuengirola 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 Fuengirola 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 Fuengirola 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 Fuengirola can all be completed without you travelling. Most of our international clients complete their Fuengirola purchase entirely remotely.
It applies when you later sell a Fuengirola 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 Fuengirola 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 Fuengirola 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 Fuengirola purchase:
Written by Carlos Babot Horcajadas for international buyers. These are the questions that come up most on a Fuengirola 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.