PropertyLawyerMálaga+34 663 22 78 35

English-speaking property law · Costa del Sol & Andalucía

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

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.

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

What makes a Marbella purchase different

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.

Specific to Marbella

The risks we check for in Marbella

Planning & licences

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.

Tourist-rental viability

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.

What we check

Villa & plot due diligence

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.

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 Marbella 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 Marbella, 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 Marbella — answered

Do I really need a lawyer to buy in Marbella?

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.

How much does conveyancing cost in Marbella?

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.

Can you handle my Marbella 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 Marbella can all be completed without you travelling. Most of our international clients complete their Marbella purchase entirely remotely.

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

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.

Are the pool and any extensions legal?

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.

Guides & resources

Buying in Marbella: 10 guides worth reading first

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.

Official resources

Verify it yourself — Marbella

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