Gecko Towers
Essential Legal & Practical Steps for a Secure Real Estate Purchase
In my working life in the Marbella region, both on and offline, we are often asked for a stripped back checklist of those matters a potential property buyer – seeking a reasonable level of protection – should consider alongside their review of potential properties and viewings. Well here it is!
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📘 1. Appoint an Independent Lawyer
☐ Hire a bilingual lawyer with no ties to the seller, developer, or agent
☐ Confirm urban planning status under the PGOM
☐ Conduct full legal due diligence on the property title and land classification
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📑 2. Legal Property Checks
☐ Verify ownership and charges via the Land Registry (Registro de la Propiedad)
☐ Confirm plot and building description with the Cadastral Register (Catastro)
☐ Check Town Hall urban status, zoning, and Occupancy Licence (LPO or Licencia de Uso)
☐ Ensure no urban planning infractions or pending legal actions
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💰 3. Financial Safety
☐ Request certificates showing no debts on:
• Local taxes (IBI)
• Utilities (electricity, water)
• Rubbish collection (Basura)
• Community of Owners fees
☐ Confirm Plusvalía tax responsibility lies with seller (if agreed)
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✍️ 4. Contract Review & Signing
☐ Lawyer to review and translate:
• Reservation contract
• Private Purchase Contract (Contrato de Arras)
☐ Ensure clear penalty clauses for breach
☐ Agree and confirm timeline to notarial completion
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🧾 5. NIE & Bank Account
☐ Apply for NIE (Número de Identidad de Extranjero)
☐ Open Spanish bank account for payments and direct debits
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🏛️ 6. Completion Before Notary
☐ Review draft Escritura de Compraventa (Title Deed)
☐ Complete signing at Spanish Notary
☐ Register deed at Land Registry post-signing
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⚖️ 7. Tax Matters
☐ Budget for:
• ITP (7% resale)
• VAT + AJD (new builds, 10% + 1.2%)
☐ Confirm and calculate Plusvalía Municipal
☐ Register for Non-Resident Income Tax (Modelo 210) if applicable
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🖋️ 8. Power of Attorney (Recommended)
☐ Grant PoA to lawyer for:
• NIE application
• Contract signing
• Utility setup
• Tax filing
✔️ Especially recommended for non-resident buyers
🏠 9. Post-Completion Setup
☐ Changeover of utility contracts
☐ Registration with Community of Owners
☐ Set up standing orders for taxes and services
☐ Arrange insurance for home and contents
☐ Enrol in Padron (local registration) if planning to live in Marbella
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Should you be interested in discussing the process involved in buying a property in the Marbella region, we would be delighted to assist you. We have an experience-qualified and best of breed Associates Network comprising professionals focused on the Marbella region’s property market. Their services include property search, mortgages, legal and tax services, visas, surveying, insurance and currency brokerage. We have done the leg work, testing the quality of our Associates Network and now feel confident in recommending their services to you.
Please note that our posts are for general interest. There is no substitute for proper advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law. Nothing contained in this article should be seen or taken as legal, tax or financial advice and cannot be relied upon as such. Neither the writer nor the publisher accepts any responsibility for liabilities arising as a result of reliance upon the information given. All details have been reasonably fact-checked and all efforts have been taken to ensure that facts are accurate as at the date of publication.
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My details: Mark FR Wilkins, during usual business hours on +34 600 343 917 or e-mail me at mark@therightsgroup.com
© Mark FR Wilkins 2025. All rights reserved.