Buying a property in Marbella as a foreigner: step-by-step guide
Anyone, whether or not they live in Spain, can buy a home in Marbella. The process is safe if it is done in the right order and with the paperwork checked. These are the usual steps.
1. Get your NIE
The NIE (foreigner identification number) is essential to buy, open a bank account and pay taxes. You can apply at a Spanish police station or at the Spanish consulate in your country, or a lawyer can do it for you with a power of attorney. Apply early, because appointments can take time.
2. Open a Spanish bank account
You will need it to pay the reservation, the purchase, the taxes and later the bills (IBI, community fees, electricity, water). Banks ask for your NIE, passport and proof of the source of funds.
3. Define your search and budget
On top of the price, set aside 9% to 14% for taxes and costs (see our guide to taxes and costs). If you need a mortgage, as a non-resident banks usually lend 60% to 70% of the valuation.
4. Reserve the property
Once you choose a home, you normally sign a reservation with a small deposit to take it off the market for a few days while your lawyer checks the documents.
5. Legal checks (due diligence)
Before you commit, your lawyer should check at least:
- The nota simple from the Land Registry: who owns it and whether there are mortgages, seizures or other charges.
- That the property has the right licences and that what was built matches the registry.
- That IBI (property tax) and community fees are paid (the seller must provide the community's certificate of no debts).
- The energy performance certificate, which is compulsory to sell.
6. Deposit contract (arras)
This is the private purchase contract. The buyer normally pays 10% of the price and the completion date is set. Under the usual "arras penitenciales", if the buyer pulls out they lose the 10%; if the seller pulls out they pay back double.
7. Completion at the notary
The balance is paid when the deed is signed and you get the keys. The notary checks identities, payments and charges. If you don't speak Spanish you can bring an interpreter or sign through a power of attorney.
8. After the purchase
- The purchase taxes are paid and the deed is registered at the Land Registry (usually handled by your lawyer or a gestoría).
- You transfer electricity, water and IBI into your name and set up direct debits.
- If you are not resident in Spain, every year you file Non-Resident Income Tax on the property, even if you don't rent it out.
What about the "golden visa"?
Spain ended the residence visa for property investment in 2025. If you need to live in Spain, ask an immigration lawyer about the other routes available.
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This guide is for information only and is not a substitute for advice from a lawyer or tax adviser. Taxes and percentages can change: confirm them before signing.
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