title: "How to Buy Property in Marbella as a Foreigner" subtitle: "A step-by-step guide to the purchase process, paperwork, and timelines for non-resident buyers." locale: en updated: 2026-05-19 category: "Buying Process" readingTime: 12 description: "Complete guide to buying property in Marbella as a non-resident. NIE, lawyer, mortgage, reservation, deposit, and notary — explained in the order it happens."
Buying property in Marbella as a foreigner is straightforward — but only if you understand the order of the steps, the roles each professional plays, and the paperwork the Spanish system needs. Most surprises in the process come from doing things in the wrong sequence (e.g. paying a deposit before securing your NIE, or signing a private contract before your lawyer has run due diligence).
This guide walks you through the entire journey, from the first viewing to receiving the keys, in the order it actually happens.
Quick overview — the 8 steps
| | Step | When | Who | |---|---|---|---| | 1 | Get your NIE number | Before signing anything | You + lawyer or consulate | | 2 | Engage a Spanish property lawyer | Before making an offer | You | | 3 | Open a Spanish bank account | Before reservation | You | | 4 | Reservation contract + deposit | At offer acceptance | You + seller's agent | | 5 | Due diligence + private purchase contract (Arras) | 2–4 weeks after reservation | Lawyer | | 6 | Mortgage approval (if financing) | In parallel with due diligence | Mortgage broker / bank | | 7 | Notary signing (Escritura) | 4–10 weeks after Arras | Notary, lawyer, you, seller | | 8 | Tax + utility transfers | Days after notary | Lawyer |
Step 1 — Get your NIE number
Your NIE (Número de Identificación de Extranjero) is your Spanish tax ID. Nothing in the purchase process can happen without it — not the bank account, not the deposit, not the notary signing.
Two ways to get it:
- At a Spanish consulate in your home country — typically 2–6 weeks, less paperwork burden for you. Best option if you're not yet in Spain.
- In Spain at a police station (Comisaría) — requires an in-person appointment (cita previa), which in Marbella can be hard to get. Faster once you have the appointment, usually issued same-day or within a week.
Your lawyer can apply on your behalf with a Power of Attorney if you can't travel.
Cost: ~€10 administrative fee. Lawyer service fee if applied on your behalf: ~€200–€400.
Step 2 — Engage a Spanish property lawyer
A property lawyer in Spain (abogado) is not the same as the notary. The notary is a state official who certifies the deed; the lawyer represents you and runs the due diligence that protects you from buying something with hidden problems.
What a lawyer does for you:
- Verifies the property is free of debts, embargoes, and squatters
- Checks the Nota Simple (the official land registry extract)
- Reviews the building licence, Cédula de Habitabilidad, and IBI tax history
- Drafts and reviews the reservation contract and the Arras (private purchase contract)
- Calculates your purchase taxes and total closing costs accurately
- Represents you at the notary if you can't be present
- Files the deed with the land registry post-completion
Cost: typically 1% of the purchase price + IVA (21%), or a flat fee of €1,500–€4,000 for smaller transactions.
Do not skip this step or use the seller's lawyer. A buyer's lawyer is independent — that's the entire point.
Step 3 — Open a Spanish bank account
You'll need a Spanish bank account to:
- Pay the deposit (some sellers accept foreign wires, but a Spanish account is cleaner)
- Set up direct debits for IBI (council tax), utilities, and community fees
- Receive your mortgage funds if financing
Most banks in Marbella have international desks (English, Norwegian, Dutch, German). Common choices: Sabadell, BBVA, CaixaBank, Santander.
Bring: passport, NIE, proof of address (utility bill from home country), and source-of-funds documentation if depositing large sums.
Step 4 — Reservation contract and deposit
When you've found the property and agreed a price, you sign a reservation contract (contrato de reserva) and pay a deposit — typically €6,000–€20,000 — to take the property off the market.
The reservation typically holds the property for 2–4 weeks while your lawyer conducts due diligence.
Critical: do not pay the deposit until your lawyer has at least seen the Nota Simple and confirmed the seller has clean title to sell.
Step 5 — Due diligence and the Arras
During the reservation period, your lawyer runs full due diligence. If everything checks out, you sign the Arras (private purchase contract) and pay 10% of the purchase price (less the reservation deposit already paid).
The Arras is legally binding. Key points:
- If you pull out, you lose the 10%.
- If the seller pulls out, they pay you double the deposit back (arras penitenciales).
- The contract sets a deadline for the notary signing — typically 30–60 days later.
Step 6 — Mortgage approval (if financing)
Non-resident buyers can typically borrow 60–70% of property value from Spanish banks. Residents can borrow up to 80%.
Timeline: start the mortgage application before the Arras, or in parallel. Banks need 4–8 weeks to issue a binding offer.
Documents required:
- Last 2 years of tax returns
- 3 months of payslips or business accounts
- 6 months of bank statements
- Credit reference from your home country
- Property valuation (the bank arranges)
Tip: use a Spanish mortgage broker. They shop multiple banks and the service is typically paid by the bank, not you. Reputable brokers in Marbella include Mortgage Direct and Enness.
Step 7 — Notary signing (Escritura)
The notary signing is the legal completion. You, the seller, both lawyers, and (if relevant) the bank meet at the notary's office.
What happens:
- The notary reads the deed (Escritura) aloud
- Both parties confirm acceptance
- You transfer the remaining 90% of the purchase price (typically via banker's draft)
- The seller hands over the keys
- Everyone signs
The deed is the legal title document. You own the property from this moment.
Total time at the notary: 45–90 minutes.
Step 8 — Tax and utility transfers (post-completion)
Your lawyer handles the post-completion paperwork:
- Files the deed with the Land Registry (Registro de la Propiedad)
- Pays the purchase taxes (see Taxes & Costs guide)
- Transfers utilities (electricity, water, gas) into your name
- Sets up direct debits for IBI (council tax) and community fees if relevant
- Files the Modelo 211 (non-resident withholding) if buying from a non-resident seller
This takes 2–8 weeks to fully complete. Keep a copy of every receipt.
Common mistakes to avoid
- Paying a deposit before due diligence. Always verify clean title first.
- Using the seller's lawyer. They don't represent you. Get your own.
- Underestimating closing costs. Budget 10–13% on top of the purchase price for taxes and fees.
- Wiring funds without source-of-funds documentation. Spanish banks block unexplained large deposits.
- Signing the Arras before your mortgage is pre-approved. If financing falls through, you lose 10%.
- Skipping the building licence check. Some Costa del Sol properties have unlicenced extensions that can't be legalised — your lawyer catches these.
How long does the whole process take?
Typical timeline from offer to keys: 8–14 weeks.
- If cash purchase and paperwork is clean: as fast as 5–6 weeks.
- If financing + minor title issues to resolve: closer to 12–16 weeks.
Next steps
If you're considering buying in Marbella, the right first move is to:
- Apply for your NIE — even before you have a property in mind
- Identify a buyer's lawyer (we can recommend several)
- Talk to a mortgage broker if financing is likely
We help foreign buyers through every step. Get in touch to discuss your situation.
Last updated: 2026-05-19. Spanish property law and tax rates change — verify current rates with your lawyer before completion.