Buying a villa in Marbella: the process from shortlist to keys

Start with the shortlist, not the house

The most expensive mistakes are made before any paperwork exists. Decide which part of the coast fits the way you will actually live: beach or hills, a walk to dinner or a gated estate, a short run to the airport or a longer one. The villa finder and the neighbourhood guides help you narrow twelve areas down to two or three.

Then set a budget that includes the purchase costs, which in Andalusia add roughly 8% to 9% to a resale price and more than 12% on a new build, plus a realistic sum for any renovation. Viewing villas above that figure only makes the right one harder to recognise.

Paperwork to arrange early

Every buyer needs an NIE, the identity number for foreigners that Spain uses for any property, tax or banking matter. You can apply at a Spanish consulate in your home country or in Spain itself. It can take time, so start as soon as you are serious about buying.

You will usually want a Spanish bank account as well. It pays the taxes and utilities by direct debit, and banks and notaries prefer funds that arrive through it. Expect thorough questions about the source of your money: these checks are standard under anti-money laundering rules, and having the documents ready saves weeks.

The third early step is an independent lawyer (abogado), chosen by you and with no link to the seller or the agent. Many buyers grant their lawyer a power of attorney before a notary, so that applications, payments and even the signing can go ahead while they are abroad.

Offer, reservation and due diligence

Once you find the villa, your offer usually goes to the seller through the agent, in writing and subject to satisfactory legal and technical checks. When it is accepted, many sellers ask for a reservation deposit to take the property off the market for a short period. Keep it modest, and make sure the terms state when it is refundable.

Your lawyer then examines the title, charges, licences, debts and planning position, while an independent surveyor inspects the building itself. What these checks cover is set out in our guide to due diligence and licences. Sign nothing beyond the reservation until both reports are in your hands.

The private contract and the arras deposit

With clean reports, the two lawyers agree a private purchase contract. It fixes the price, what is included (furniture, fittings, equipment), the completion date and the condition the villa must be in on the day. On signature you usually pay a deposit of about 10% of the price.

In the most common form, known as arras penitenciales, either side may withdraw at a price. If you walk away, you lose the deposit; if the seller walks away, they must pay you back double. Other forms of contract carry different consequences, so ask your lawyer which one you are signing.

Financing as a non-resident

Spanish banks do lend to non-residents, but typically at a lower loan-to-value than they offer residents, and they look closely at income earned abroad. Approval depends on a valuation by an approved valuer, so open the conversation with a bank before you sign the private contract, not after.

Since November 2018 the bank, not the borrower, pays the stamp duty on the mortgage deed. You still pay for the valuation and your own advice. Spanish rules also build a waiting period into the mortgage process, including a meeting with the notary before signing, so the bank's timetable has to fit your completion date.

Some buyers pay in cash or borrow against assets at home instead. Either way, document the source of funds early, because the notary and the bank will both ask.

Completion at the notary and the land registry

Completion takes place before a Spanish notary, who reads the deed (escritura), checks identities and powers of attorney, and records how the price is paid. The balance is usually paid by banker's draft or by a transfer arranged through your lawyer. If the seller is non-resident, you withhold 3% of the price and pay it to the tax agency on form 211.

You receive the keys on the day. Your lawyer then pays the transfer tax, or on a new build the stamp duty, since the VAT goes to the developer with the price. The deed is presented at the land registry, where your ownership is recorded. The figures are set out in our guide to purchase costs and taxes.

After the keys: utilities, taxes and timing

In the first weeks, move the electricity, water and internet contracts into your name, and set up direct debits for the annual property tax (IBI), the municipal rubbish charge and any community fees. As a non-resident owner you also file an annual non-resident income tax return, even if you never let the villa. Insurance, alarms and staff are covered in running a villa.

For a resale villa, 6 to 12 weeks from accepted offer to completion is typical, though not guaranteed. A missing licence, a slow mortgage or a seller who lives abroad can stretch it, and new builds follow the developer's own schedule.

One change to keep in mind: Spain's Golden Visa through property investment ended on 3 April 2025, so a purchase no longer brings a residence permit by itself. If residence matters to you, take immigration advice separately.

This article is general information, not legal or tax advice. Before you commit to a purchase, instruct an independent lawyer (abogado) and a tax adviser.