The Costa del Sol is a mature and consolidated real estate market, but also a complex one. Every purchase by an international client comes with a series of checks worth performing calmly before signing any financial commitment.
In this article I lay out the essential checks every international buyer should perform before acquiring a luxury villa in Marbella, Benahavís, Estepona, Sotogrande or the wider Costa del Sol area. The aim is not to replace the advice of your lawyer, but to give you a clear map so you arrive at that conversation with the right questions.
Before starting: the three essentials
No purchase process in Spain should begin without three basic items in place:
NIE (Foreigner Identification Number). Mandatory for any economic transaction. Requested at the Spanish consulate in your country of residence or in person in Spain. You can consult the details at the Spanish Ministry of the Interior. Timelines range from two weeks to two months.
Spanish bank account. Needed for payments, taxes and utilities. Opened with NIE and passport.
Own property lawyer. Independent from the seller and the estate agent. This is the point that most protects the international buyer and the one that should not be cut back in the operation.
Registry and cadastral checks
Before signing a deposit or reservation, verifying the legal situation of the property is essential. The key documents are:
Land Registry extract (nota simple). Confirms current ownership, registered surface area, charges, mortgages and limitations. It is the document with the greatest legal effect regarding ownership. You can verify the official information at the Spanish College of Property Registrars.
Cadastral data. Consultable at the Spanish Cadastre Electronic Office. It is important to understand that the Cadastre’s purpose is fiscal: the data is used to calculate taxes, but legal effect over the property lies with the Registry. Discrepancies between the two can exist, and it is worth detecting them before signing.
• Descriptive and graphic cadastral certification.
• Verification that the built surface matches what is registered and the physical reality of the property.
• Check that no undeclared constructions exist (extensions, pools, sheds) that could generate future problems.
Urban planning checks
For a Costa del Sol villa, urban planning checks are as important as registry checks. In Marbella, this verification has an additional layer in 2026 due to the transition from the 1986 PGOU to the new PGOM, which you can read about in our article on the new PGOM and the major building permit.
Aspects to verify:
• Urban planning status of the property under the applicable regulation.
• Up-to-date municipal planning certificate.
• Absence of urban infringement files, whether open or lapsed but not extinguished.
• First occupancy or habitability licence, up to date.
• Compliance with setbacks, buildability and occupation set by the regulation.
• Verification of easements, environmental protections or sectoral constraints.
This is probably the most important chapter for an international buyer. A property that appears in order can carry planning limitations that significantly reduce its value or its future renovation potential. Joint review with architect and lawyer makes the difference.
Technical checks
Beyond paperwork, there are technical checks only a qualified professional can perform on site:
• Condition of structure and foundations.
• Condition of thermal envelope and joinery.
• Condition of installations (plumbing, electrical, HVAC, drainage).
• Available utilities: water, electricity, drainage, gas, telecommunications. Some Costa del Sol areas have electrical capacity restrictions worth verifying.
• Access, plot slopes and topographical conditions.
• Energy performance and regulatory compliance certificates.
If you are considering a subsequent renovation of the property, our article on 5 common mistakes when renovating a villa in the Costa del Sol covers additional points to keep in mind.
Fiscal checks before signing
The fiscal impact of the operation depends on several factors worth clarifying before signing:
• Type of operation: second-hand (ITP applies) or new-build (VAT + AJD applies).
• Planned ownership structure: personal name, Spanish company or foreign company.
• Buyer’s country of fiscal residence and its implications (inside or outside the EU).
• Medium-term inheritance planning.
• Source-of-funds documentation, mandatory under anti-money laundering regulations.
You can consult the official information for non-residents in the Non-Resident Taxation Manual of the Spanish Tax Agency.
The deposit contract: the decisive moment
The deposit contract (arras or reservation) is the pre-deed commitment and usually involves a significant payment (typically 10% of the price). This contract should include:
• Clear suspensive conditions: financing obtained if applicable, urban verification without surprises, absence of charges.
• Realistic timelines to close the operation in public deed.
• Termination clauses protecting the buyer if legal or planning issues emerge.
• Specific regime of the deposit: penitential, confirmatory or penal.
Signing a deposit before completing the previous checks is the main cause of later surprises in operations of this profile.
The public deed and closing
Signing the public deed before a notary formalises the purchase. During the act, fiscal documentation is provided, the agreed price is paid and ownership is transferred. Registration at the Land Registry subsequently consolidates ownership against third parties.
Aspects to coordinate at this stage:
• Payment of the price, usually through certified bank cheque or accredited transfer.
• Settlement of ITP or VAT + AJD as applicable.
• 3% retention if the seller is non-resident, through Form 211.
• Signature of the notarial act and verification that all documentation provided is correct.
• Change of ownership on utilities and community of owners.
An initial conversation
If you are considering purchasing a villa on the Costa del Sol and would like a technical and urban planning review of the property before signing, you can write to me directly. We prepare preliminary reports for international clients who want to make the decision with all the information on the table.
