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Choosing your villa

New build or resale villa in Marbella: how to choose

Marbella offers both: contemporary villas fresh from the builder and older houses with gardens that took decades to grow. They differ in taxes, risks and the kind of work they ask of you, and the right choice depends more on how you will live than on style.

Buying4 min readUpdated 19 October 2026

Contemporary villa with glazed living spaces and a pool in daylight

What a new build offers

New villas on the coast are often contemporary: large glazed walls, flat roofs used as terraces, open plans and a pool designed with the house. Built to current standards, they tend to be far more energy efficient than older homes, with better insulation, modern glazing and efficient climate systems, which you feel in a hot summer and pay less for all year.

You also start with a clean slate: no previous owner's taste to undo and, when you buy early enough, a say in the finishes. In established hillside estates, new contemporary villas on large plots set the upper end of the market. In Sierra Blanca, typical asking prices run from €5M to €25M in autumn 2026, and these houses sit at the top of that indicative range.

Warranties and off-plan protection

Spain's building law (LOE) gives new homes three layers of protection: 1 year for finishing defects, 3 years for defects affecting habitability and 10 years for the structure. The periods run from the handover of the finished works, so a villa sold some years later carries only what remains of them.

Buying off-plan means paying in stages before the villa exists. Every deposit must be protected by a bank guarantee or insurance, and your lawyer should confirm that you hold a guarantee covering each payment before it leaves your account. Check too that the developer holds a building licence for the project and that the occupation paperwork will be in place at completion.

Before you complete, walk the house with your own surveyor and list every defect. A snagging list agreed with the developer is far easier to enforce before the final payment than after it.

Andalusian villa with terracotta roofs, white walls and a large pool

What a resale villa offers

A resale villa gives you what money cannot hurry: mature gardens, old olive and pine trees, and a place in an established neighbourhood where you can judge the views, the neighbours and the noise before you buy. Many have a character that new builds rarely match, from Andalusian courtyards to handmade tiles and timber ceilings.

They also offer renovation potential. A well-placed older villa can be modernised, or rebuilt where planning allows, often with a better result than a new build on a lesser plot. In Nueva Andalucía, frontline golf villas that have been renovated command a premium within an indicative asking range of €2M to €10M in autumn 2026.

The cost of age

Older villas usually come with older installations: wiring, plumbing, pool plant and air conditioning near the end of their life, single glazing and little insulation. None of this is a reason to walk away, but it belongs in the price. Ask for recent energy and maintenance bills, which show how the house actually performs. A survey and a realistic budget, as described in our guide to renovating a villa, turn surprises into numbers.

Age also raises legal questions. Extensions, pools and enclosed terraces added over the decades must match the licences, so a resale villa needs the careful checks set out in due diligence and licences.

White villa with a long blue pool and shaded pavilionsAI generated

Taxes and total cost

The tax gap is significant. A resale villa carries 7% transfer tax (ITP); a new build bought from the developer carries 10% VAT (IVA) plus 1.2% stamp duty (AJD). On €4M, that is €280,000 against €448,000, a difference of €168,000 before legal, notary and registry costs, all set out in purchase costs and taxes.

Set that against the work a resale villa may need. If an older house needs a full refurbishment, the lower tax can disappear quickly; if it needs only new kitchens, bathrooms and pool plant, the resale may well come out ahead.

A decision list

Answer these questions honestly before you draw up a shortlist, and the choice often becomes clear.

  • Do you want to move in without works, or are you happy to manage a renovation?
  • How much do mature gardens, old trees and an established street matter to you?
  • Is a warranty and modern energy performance worth more to you than character?
  • Can you wait for an off-plan villa, and is every stage payment guaranteed?
  • Have you compared total cost: taxes, renovation and running costs, not just price?
  • Do the licences of the villa you like match what stands on the plot?

Making the choice

Neither option is safer by nature. A new build moves the risk towards the developer's delivery and specification, a resale towards the building's age and history, and good advice manages both. More often than not, the plot, the orientation and the address decide the matter long before the build date does.

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.

Key points

  • New builds bring LOE warranties of 1, 3 and 10 years and modern energy performance.
  • Off-plan deposits must be protected by a bank guarantee or insurance.
  • Resale villas offer mature gardens, character and established addresses.
  • On €4M, a new build carries €168,000 more in purchase taxes than a resale.
  • Budget for older installations and check every extension against the licences.

Questions

Is a nearly new villa sold by its owner taxed as a new build?

No. The first sale by a developer carries VAT and stamp duty, while a later sale by a private owner carries 7% transfer tax. Whatever remains of the LOE warranty periods still benefits you as the next owner.

How are off-plan payments protected?

Every deposit paid before completion must be protected by a bank guarantee or insurance. Ask your lawyer to confirm that you hold a guarantee covering each payment before you transfer it.

Are older villas worth renovating?

Often, when the plot, orientation and address are right, since those cannot be changed later. A survey and a costed plan show whether renovation or rebuilding makes sense, and the planning rules decide what is allowed.

Which is cheaper to run, a new build or a resale villa?

Usually the new build, at least in its early years, thanks to better insulation, modern glazing and efficient climate systems. An older villa can close much of the gap after a renovation that replaces its installations and improves the glazing.

Official sources

  • Ley 38/1999 de Ordenación de la Edificación (LOE)
  • Agencia Tributaria (Spanish tax agency)
  • Agencia Tributaria de Andalucía (Andalusian tax agency)
  • Ley 7/2021 (LISTA), Junta de Andalucía

Published 19 October 2026 by the editors of Luxuryvilla Marbella. Figures are indicative and were checked for autumn 2026.

Contemporary villa with glazed living spaces and a pool in daylight
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