Property lawyer in Marbella
Buy, sell or invest in property with full legal certainty.
Legal checks on the property, deposit (arras) and sale contracts, taxes and formalities right through to registration at the Land Registry. More than 44 years working with international buyers in Marbella and across Spain.
Property consultation €75 · Español · English · Русский
Discuss your property matter
Property lawyers in Marbella, by your side throughout the transaction
Bocanegra Lawyers is a firm of property lawyers in Marbella advising buyers, sellers and investors on residential property transactions on the Costa del Sol and throughout Spain. We check the property before you buy (ownership, charges, licences and planning status), negotiate the deposit contract (contrato de arras) and the sale, coordinate the notary, Land Registry and bank, and the same firm takes care of the taxes, the NIE and all the formalities afterwards.
We have been working with foreign buyers for more than 44 years, in Spanish, English and Russian. Our property department is coordinated by our Managing Partner, Cristina Bocanegra, together with María Bermudo, and works alongside our tax advisers, our immigration department and our administrative services department. If your transaction is outside the Costa del Sol, see our property lawyer in Spain page.
44
years advising international buyers
+40.000
clients served
Bocanegra Lawyers in the media
Some of our media contributions on foreign investment: ABC, foreign investment and taxation in Spain · Vozpópuli, Russian investment in Marbella · Spanish-Russian Forum, investment and business relations.
Property services
How we can help with property law
Choose your situation. If your transaction involves several things at once (buying, financing, letting), we will sort it out with you at the initial consultation and give you a fixed quote.
Buying and selling property in Marbella
For buyers and sellers of residential property in Marbella and on the Costa del Sol. We are with you from the offer to the title deed: we check the property, negotiate the deposit contract and the sale contract, coordinate the bank, notary and Land Registry, and make sure the taxes are paid correctly.
- Nota simple (Land Registry extract) and checks on ownership and charges
- Deposit contract (arras) and sale and purchase contract
- Signing before a notary, including by power of attorney if you cannot travel
- Registration at the Land Registry
- Taxes: ITP or VAT and AJD, plusvalía and the 3% withholding
- Transfer of utilities and community of owners into the new owner’s name
The taxes on the transaction are calculated by our tax advisers. If you are buying from abroad, the NIE and dealings with the authorities are handled by our administrative agency.
Legal checks before you buy (due diligence)
For anyone about to pay a reservation fee or a deposit who wants to know exactly what they are buying. We review the documents and the actual situation of the property before you sign anything, to spot risks that are costly to put right later.
- Ownership, mortgages, embargoes and other charges
- Debts to the community of owners and unpaid IBI (council tax)
- First occupation licence and planning status
- Building work or alterations without a licence
- Energy performance certificate
- Holiday rental licence or registration, if any
Deposit contract and sale contract
For buyers and sellers about to sign, or who already have a contract in front of them. We review or draft it so that it sets out deadlines, penalties, conditions and the condition of the property. It is the document that decides what happens if something goes wrong.
- Arras penitenciales: what is lost and what is returned if either party pulls out
- Mortgage condition and completion deadlines
- Reservation contracts and private sale contracts
- Negotiation with the other party or their lawyer
New builds and off-plan purchases
For anyone buying from a developer. We check that the developer has the relevant licence and guarantees, that the stage payments you make are backed by a bank guarantee or insurance, and that the contract protects your deadlines and specifications.
- Building licence, first occupation licence and ten-year structural insurance
- Guarantee of stage payments
- Contract with the developer: deadlines, specifications and penalties
- Handover of the property and claims for defects
Mortgages and financing
For buyers financing the purchase, whether or not they live in Spain. We review the bank’s offer before you sign, explain the costs and conditions you are taking on and coordinate the signing of the mortgage with the title deed.
- Review of the mortgage offer and its clauses
- Mortgages for non-residents
- Cancellation of the seller’s mortgage on completion
- Taking over and renegotiating existing mortgages
Long-term and holiday lettings
For landlords and tenants in Marbella. We draft and review tenancy agreements, handle deposits, recover unpaid rent and help you meet the requirements for holiday lettings.
- Long-term and seasonal tenancy agreements
- Holiday lettings: licence and tourism registration
- Deposits, unpaid rent and evictions
- Mediation between landlord and tenant
If you let your property to holidaymakers, we will tell you what you need before you advertise it: the licence or declaración responsable (statutory declaration) and registration with the Andalusian Tourism Register. The national registration number has no longer been required since the Supreme Court ruling of May 2026.
Communities of owners and planning
For owners with a problem in their building or with the town hall. We defend your rights within the community of owners and before the planning authorities.
- Special levies, minutes and debts with the community
- Challenging resolutions of the owners’ meeting
- Building licences and declaraciones responsables
- Planning enforcement proceedings and non-conforming buildings
Property claims and litigation
For anyone who has bought and discovered a problem they were not told about: a hidden charge, a serious defect, or a breach by the seller or developer. We first try to reach an agreement, with mediation where appropriate, and if that is not possible we take the matter to court.
- Hidden charges and latent defects
- Breach of contract by the seller or developer
- Recovery of stage payments
- Mediation and negotiation before going to court
If the property comes from an inheritance, our legal advice team takes care of it.
Who we advise on property law
Foreign buyers
Who want to buy in Marbella with the property checked and the taxes clear before they pay.
Investors
Who buy to let, renovate or resell and need legal and tax certainty.
Sellers
Who need to sell without surprises from the buyer, the notary or Hacienda.
New-build and off-plan buyers
Who want to check the developer’s guarantees before handing over any money.
Landlords
Letting long-term, seasonally or as holiday accommodation.
Heirs to a property
Who need to accept the inheritance, pay the taxes and sell or regularise the property.
Companies
That buy or sell property and need their contracts and tax affairs coordinated.
Owners with a problem
With their community of owners, with planning, or with the seller or developer.
How much does a property lawyer in Marbella cost?
The initial consultation is held with the property department, at our office or online. We review your transaction, tell you what the risks are and what documents we need, and give you a fixed written quote for any further work.
Property consultation
€7545 min
- With the property department
- At our office or online
- The risks of your transaction and next steps
Sales, purchases and legal checks
Fixedquote
- Sale and purchase, due diligence and deposit contracts
- New builds, mortgages and lettings
- Fees in writing before we start
Fees for a sale or purchase or a legal check are quoted in writing before we start, according to the value and complexity of the transaction.
Why trust your purchase to Bocanegra Lawyers
Property lawyers in Marbella, at our office or online
We check before you sign
Ownership, charges, licences and planning are checked before you pay a reservation fee or a deposit.
Lawyers, tax advisers and administrative services in one firm
The taxes, NIE and formalities for your purchase are handled by the same team.
44 years with international buyers
We know the real problems foreigners face when buying in Spain.
Contracts that protect the buyer
Clear deadlines, penalties and conditions before you sign.
Fixed price in writing
Before we start any piece of work, you know exactly how much it will cost.
In your language
Spanish, English and Russian, in Marbella, Madrid or online.
Shall we talk about your transaction?
Book your property consultation at our office or online, or message us on WhatsApp and we will reply within 24 working hours.
Your property team in Marbella
The department is coordinated by our Managing Partner, with tax advisers and a chartered administrative agent in the same firm to handle the taxes and formalities for your purchase.
Lawyer · Managing Partner
- NYU Law School in New York and ICADE in Madrid
- Member of the Madrid Bar Association
- Mediator listed on the Register of Mediators
Property Department
María Bermudo
- Sales, contracts and legal checks on properties
- Support for international buyers
How we handle your purchase or sale
From the initial consultation to registration, in four steps.
Initial assessment
We study your transaction, the type of property and your goals, and tell you what the legal and tax risks are before going any further. Bring the offer, the nota simple or the contract if you already have them.
Legal checks and quote
We check ownership, charges, licences, planning, the community of owners and taxes, and give you our report and quote in writing.
Contracts and management
We negotiate the deposit contract and the sale contract and coordinate the bank, notary, Land Registry and payments, protecting your interests at every stage.
Completion and after-sales
We are with you until you sign before the notary and then take care of registration, taxes and the transfer of utilities and community of owners.
Rules and changes that affect your purchase
Currently in Andalusia
Taxes on the purchase
Resale property: Property Transfer Tax (ITP) at 7%. New build: VAT at 10% plus Stamp Duty (AJD) at 1.2%. On top of that come notary, Land Registry and administration fees. Reduced rates apply to resale homes for young buyers and large families.
May 2026
Single Rental Register annulled
In May 2026 the Supreme Court annulled the national register that required a number to advertise short-term lets (judgment 620/2026). A licence or declaración responsable and registration with the Andalusian Tourism Register are still required.
3 April 2025
The end of the Golden Visa
Buying a home no longer entitles you to a residence visa. Organic Law 1/2025 abolished residency through property investment (government statement). Anyone buying in order to live here must apply for a different type of permit with our immigration department.
Since late 2021
Plusvalía municipal: two calculation methods
When you sell, you can choose between the objective calculation and the actual gain, and you pay nothing if you sell at a loss. It is worth calculating both options before paying.
Client reviews of our property department
Frequently asked questions about buying and selling property in Marbella
How much does a property lawyer in Marbella cost?
A consultation with the property department costs €75 (45 minutes), at our office or online. Fees are quoted in writing before we start.
Do I need a lawyer to buy a property in Spain?
It is not a legal requirement, but it is advisable, especially if you are buying from another country. A lawyer checks who owns the property, what charges it carries, whether it has the relevant licences and what the contract says before you pay, and stays with you until it is registered at the Land Registry.
What does a lawyer check before you buy?
The nota simple from the Land Registry (ownership, mortgages and embargoes), any debts to the community of owners and unpaid IBI, the first occupation licence, the planning status, the energy performance certificate and, for a holiday let, its licence or registration.
What are arras and what happens if I pull out?
Arras are a deposit paid when the private contract is signed. With arras penitenciales, the usual type, a buyer who pulls out loses the deposit and a seller who pulls out must return double the amount, unless the contract says otherwise. That is why it is worth having it reviewed before you sign.
What taxes and costs do you pay when buying in Andalusia?
On a resale property, Property Transfer Tax (ITP) at 7%. On a new build, VAT at 10% plus Stamp Duty (AJD) at 1.2%. Notary, Land Registry and administrative agency fees are added on top. Our tax advisers will give you a full calculation before you sign.
Can I buy without being in Spain?
Yes. You need an NIE, which we obtain for you, and you can sign the title deed through a notarised power of attorney so that someone you trust signs on your behalf. We coordinate the payment, signing and registration without you having to travel.
Does buying a property entitle me to residency?
Not since 3 April 2025. Residency through investment (the Golden Visa), including property investment, has been abolished. If you want to live in Spain, our immigration department will explain which permits you can apply for.
What guarantees do I have if I buy off-plan?
The developer must guarantee the stage payments you make with a bank guarantee or insurance, hold a building licence and take out ten-year structural insurance. We check this before you hand over any money and review the contract’s deadlines and specifications.
Can you help me let my property to holidaymakers?
Yes. You need a licence or declaración responsable and registration with the Andalusian Tourism Register; the national registration number has no longer been required since the Supreme Court ruling of May 2026. We will tell you what you need and draft the contract.
Do you handle purchases outside Marbella?
Yes. We work with buyers and sellers throughout the Costa del Sol, the province of Málaga and other parts of Spain, and the consultation and most of the formalities can be done online.
Property lawyers in Marbella: where to find us
We will see you at our office on Marbella’s Golden Mile to review your transaction before you sign, or by video call if you are buying from abroad.
Content reviewed and verified by
Lawyer and Managing Partner of Bocanegra Lawyers. Member no. 133,761 of the Madrid Bar Association (Ilustre Colegio de la Abogacía de Madrid), trained at NYU Law School and ICADE, and a mediator registered with the Ministry of Justice’s Register of Mediators. She has reviewed the information on this page: services, procedures, legislation cited and prices.
Last reviewed: October 2026