English-speaking property law · Costa del Sol & Andalucía
Independent conveyancing in Marbella 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.
Marbella's planning history is unusual: the 2010 General Plan (PGOU) was annulled by the Supreme Court, reactivating the 1986 plan and leaving a number of properties in an irregular position. For a buyer that means the licence and planning status of your specific property has to be checked at source, not assumed from the listing — the most common reason a Marbella purchase goes wrong, and the easiest to prevent before the deposit.
From the Golden Mile and Sierra Blanca to Nueva Andalucía and Puerto Banús, each Marbella enclave has its own price level and planning quirks; we treat a Nagüeles villa and a Banús apartment as different jobs.
Properties affected by the annulled 2010 PGOU may carry pools or extensions without a valid licence. We confirm the legal status of every built element before you commit.
Short-term letting is generally possible, but Marbella communities increasingly restrict it in their statutes. We check both the VUT registry route and the community rules for your exact unit.
In Marbella the recurring finding is a villa whose pool, basement or guest annex was built after the original licence — we map every structure against the registry and the municipal records.
You receive this as a written due-diligence report before you pay any deposit.
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 Marbella 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 Marbella, 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 Marbella 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 Marbella 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 Marbella 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 Marbella can all be completed without you travelling. Most of our international clients complete their Marbella purchase entirely remotely.
It applies when you later sell a Marbella 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.
On Marbella'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 Marbella property and confirm each element is legal before you complete.
Written by Carlos Babot Horcajadas for international buyers. These are the questions that come up most on a Marbella purchase — read them before you sign anything.
We believe in transparency. These are the official sources behind the checks above, relevant to a Marbella purchase:
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.