PropertyLawyerMálaga+34 663 22 78 35

English-speaking property law · Costa del Sol & Andalucía

Buying in Málaga City?
Have a Spanish lawyer on your side.

Independent conveyancing in Málaga City 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
What we check

Protected & catalogued buildings

In central Málaga we check both the building's heritage-catalogue level and whether the address sits inside a VUT-saturated zone.

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

Why it matters here

What makes a Málaga City purchase different

Málaga city has become a serious buyer market, but its historic centre is now a declared saturated zone for tourist rentals, with limits and suspensions on new VUT registrations — a decisive point for anyone buying to let. Add heritage protection on many central buildings, and the legal status of the property and its permitted use matter as much as its condition.

A flat in the Centro Histórico, Soho or the Ensanche de Heredia may sit inside a tourist-saturated zone or a protected building — sometimes both — so the permitted use matters as much as the price.

Specific to Málaga City

The risks we check for in Málaga City

Planning & licences

In the protected centre, façades and structures may be catalogued. We check the protection level and any restrictions on works before you buy.

Tourist-rental viability

This is critical in Málaga: the centre is saturated and new tourist licences are limited or suspended in parts of it. We confirm whether a VUT is obtainable for the exact address before you rely on rental income.

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 Málaga 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 Málaga, 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.

Guides & resources

Buying in Málaga City: 10 guides worth reading first

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

Common questions

Conveyancing in Málaga City — answered

Do I really need a lawyer to buy in Málaga City?

It isn't legally compulsory, but in Málaga City 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 Málaga City 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 Málaga City?

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

What is the 3% retention when I sell in Málaga City?

It applies when you later sell a Málaga City 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.

Can I still get a tourist licence in Málaga City?

Not always. Málaga City restricts new tourist-rental (VUT) registrations in parts of the centre, and a community can also prohibit short-term letting. If a buy-to-let return is part of your plan, we confirm whether a licence is actually obtainable for that specific Málaga City address before you buy.

The building is listed or in a protected zone — what can I change?

In Málaga City's protected areas, a building catalogued or within a Conjunto Histórico is governed by Andalusia's Heritage Law 14/2007 and the local catalogue. Façades, structure and even interiors can be protected, and works need specific authorisation. We check the protection level of your Málaga City building before you buy, so your renovation plans are realistic.

Official resources

Verify it yourself — Málaga City

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

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 Málaga City 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.