PropertyLawyerMálaga+34 663 22 78 35

English-speaking property law · Costa del Sol & Andalucía

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

Independent conveyancing in Nerja 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 Nerja purchase different

Nerja anchors a strong British and Northern-European market on the eastern Costa del Sol, but it sits in the Axarquía — a region with a large stock of villas built on rustic land (suelo no urbanizable), many without a full licence. A picture-perfect country villa can turn out to be only regularisable as an AFO, which limits mortgages, works and tourist use. Land status is the headline check here.

Whether it is an apartment near the Balcón de Europa or a villa in the campo towards Maro, the rustic-or-urban question reshapes the whole purchase.

Specific to Nerja

The risks we check for in Nerja

Planning & licences

For any country property we confirm whether it is on urban or rustic land and whether it holds a licence or only an AFO/DAFO recognition under Law 7/2021 (LISTA).

Tourist-rental viability

A tourist licence generally requires legal, licensed housing. On rustic Axarquía villas a VUT may be impossible — we confirm before a buy-to-let purchase.

What we check

Villa & plot due diligence

Around Nerja we establish first whether a country villa sits on urban or rustic land, because that one fact decides mortgage, works and letting.

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 Nerja 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 Nerja, 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 Nerja — answered

Do I really need a lawyer to buy in Nerja?

It isn't legally compulsory, but in Nerja 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 Nerja 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 Nerja?

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

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

It applies when you later sell a Nerja 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.

I've been told the property is on rustic land — is that a problem?

In Nerja this comes up often. Many country and edge-of-town properties sit on suelo no urbanizable, and some were built or extended without a full licence. Under Andalusia's Law 7/2021 (LISTA) such buildings may only be regularised as an asimilado fuera de ordenación (AFO/DAFO), which limits works, mortgages and tourist use. We verify the exact planning status of your Nerja property before you commit.

Guides & resources

Buying in Nerja: 10 guides worth reading first

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

Official resources

Verify it yourself — Nerja

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