Buying a Property in Marbella as a Foreigner: A Complete Guide

Are you a foreign buyer considering buying a property in Marbella? Marbella remains one of the most attractive destinations for international buyers. Its climate, quality of life, safety and highly consolidated real estate market make it an ideal choice for those looking to invest or establish a second residence.

In this guide, we explain everything you need to know about buying a property in Marbella as a foreigner, with up-to-date information on the process, legal requirements and costs.

Can a foreigner buy a property in Marbella?

The answer is yes. Any foreigner can buy a property in Marbella without restrictions, whether they are resident in Spain or not. It does not matter whether you are an EU citizen or from outside the EU; the process is the same.

Types of properties you can buy in Marbella

• Luxury properties: villas, apartments and penthouses.
• Investment properties: buying to rent in the short or long term.
• Second homes: holiday homes or properties to enjoy the Marbella lifestyle.

What do you need to buy a property in Marbella as a foreigner?

Obtaining an NIE (Foreigner Identification Number)

The NIE is mandatory for carrying out any financial transaction in Spain. You will need it to:

• Sign the title deeds.
• Pay taxes and related costs.
• Open a bank account in Spain.

The NIE can be obtained:

• At the Spanish consulate in your home country.
• At a police station in Spain.
• Through a legal representative with power of attorney.

Starting this process as early as possible will help avoid delays in the purchase.

Opening a bank account in Spain

Although it is not legally mandatory, opening a Spanish bank account is highly recommended.

It will allow you to:

• Manage the payment of the purchase price.
• Pay taxes and associated fees.
• Cover ongoing costs such as community fees, IBI (property tax) and utilities.

Banks usually require:

• A valid passport.
• NIE.
• Information about your financial situation (employment, business activity, etc.).

Choosing the best area to buy in Marbella

One of the most important decisions when buying a property in Marbella is choosing the right area. Marbella is divided into several different zones, each with its own unique characteristics. Some of the most popular areas among foreign buyers include:

Best areas to buy property in Marbella

• The Golden Mile: a luxury area close to the beach and the town centre.
• Nueva Andalucía: ideal for golf lovers, with many high-end villas and apartments.
• Puerto Banús: attractive for those who want to be close to the sea, exclusive restaurants and nightlife.
• Benahavís: perfect for buyers looking for a quieter yet equally luxurious setting.

Researching the area carefully will help you make a more informed investment decision.

How to buy a property in Marbella: step-by-step process

Reservation contract or deposit agreement

Once you have found the property you wish to buy, it is common practice to sign a reservation or deposit agreement (arras contract) with an initial payment of 10% of the purchase price.

This contract:

• Reserves the property for a specified period.
• Confirms the agreed sale price.
• Defines the conditions and timelines of the transaction.

It is essential to ensure that this contract is properly reviewed before signing.

Costs and taxes when buying property in Marbella

One of the most common questions is how much the purchase will really cost. Below are the main taxes and expenses to consider:

Taxes when buying property in Marbella

• ITP (Property Transfer Tax): 7% on the purchase price of resale properties.
• VAT (IVA): 10% on new-build properties.
• AJD (Stamp Duty): 1.2% on new-build properties.

Other costs

• Notary and Land Registry fees.
• Legal fees (if you choose to appoint a lawyer).
• Additional expenses such as administration and document translation.

Overall, you should expect to pay between 9% and 13% extra on top of the purchase price.

Signing the title deeds before a notary

Once all formalities and payments have been completed, the final step is to sign the title deeds before a Spanish notary. This is when the property is officially registered in your name.

If you cannot attend in person, you can sign through a power of attorney, which is very common among international buyers.

Is it advisable to hire a lawyer when buying in Marbella?

Although it is not compulsory, hiring a specialised lawyer is highly recommended.

The lawyer will check:

• The legal status of the property.
• That there are no outstanding debts or charges.
• The validity of contracts and conditions.

A lawyer provides peace of mind and helps prevent future legal issues, especially if you do not speak Spanish or are unfamiliar with the Spanish legal system.

Renting out a property in Marbella: can foreigners rent their property?

Yes. You can rent out your property in Marbella for:

• Holiday rentals.
• Long-term rentals.
• Mid-term rentals.

However, it is important to be aware that there are specific regulations governing rentals, particularly holiday lets. For this reason, it is advisable to seek professional advice regarding:

• Holiday rental regulations in Marbella and the Costa del Sol.
• Local legislation on minimum rental periods.
• Property registration requirements for rentals.

Tax obligations for non-residents in Marbella

If you own a property in Marbella but do not reside in Spain, you will still have certain annual tax obligations, even if the property is not rented out.

The most relevant taxes include:

• Non-Resident Income Tax (IRNR).
• IBI (annual property tax).
• Wealth tax, if the value of the property is high.

A tax advisor can help you manage these obligations easily and ensure compliance.

Conclusion: buying property in Marbella as a foreigner is safe and straightforward

Buying a property in Marbella as a foreigner is a safe, well-regulated and straightforward process, provided you receive the right professional guidance. The key is understanding each step, the additional costs involved and choosing the area that best suits your needs.

Marbella remains an excellent option for those seeking a luxury real estate investment, a second home or a lifestyle change on the Costa del Sol.

If you would like more details about the process, taxes or choosing the right area, please contact us for personalised advice.

Article by Brice Benarroch Mennessons

17 Dec 2025

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