Real Estate Lawyers in Marbella

Our real estate lawyers in Marbella provide independent legal advice for buying, selling and transferring property on the Costa del Sol.

Marbella’s property market includes luxury villas, off-plan developments and high-value international transactions. Proper legal due diligence is essential to avoid risks related to planning regulations, debts or contractual issues.

Buying Property in Marbella

Do you need help with property conveyancing in Spain? Looking to buy or sell a property, but would like some advice on how to go about it? Whatever your reasons for buying or selling a Spanish property may be, it’s likely that this will be your first property transaction in Spain. This can seem daunting, but with our Spanish property expertise, the team at Manzanares Lawyers can help your property purchase or sale go through as seamlessly as possible.

If you’re new to real estate law in Spain, it’s not the best idea to try to navigate the buying or selling process by yourself. Why risk getting a bad deal because you aren’t fluent in Spanish customs or the language when our multi-lingual staff could guide you smoothly?

As specialist Spanish property lawyers with many years of experience in the field, we do this kind of work every day and have been doing so for many years, so we know all the tricks and pitfalls that you may come across on your property buying or selling journey.

Thanks to our in-depth knowledge of regional and national law across Spain and our extensive multidisciplinary experience, our clients’ interests are always represented with local intelligence – wherever you are in the world, you can have 100% security and peace of mind that you’re in safe hands. We provide a second-to-none service, with the ability to handle a range of Spanish real estate cases, covering a variety of property types and languages.

Why not use the button below and get in touch with the specialists at Manzanares Lawyers?

Selling Property in Marbella

The legal process of making sure both buyers and sellers meet their obligations under Spanish real estate law is known as conveyancing. Just as you would when buying or selling a property in any country, it’s essential to get professional help with checking all the documentation and ensuring that the contract is agreeable.

At Manzanares Lawyers, we are well versed in assisting both prospective buyers and property sellers, so you can proceed with confidence thanks to our Spanish conveyancing services. From start to finish or at any stage throughout, we can assist with various aspects of the property sale procedure, including:

Conducting all required property analysis – including technical surveys of the building, land, and materials.
Verifying legal situation of the property – looking into the property registry, licences, building permits, etc.
Reporting on the property costs and taxes – performing administrative checks for certificates, declarations, and tax receipts.
Preparing a documentation folder – compiling copies of the title deeds, property inventory, municipal tax and utility bills, community statutes, etc.
Drafting or reviewing the contract – consulting the private contract once due diligence checks are complete to ensure both parties are satisfied with the terms of the transaction.
Overseeing acceptance of offers – ensuring the contract is signed and deposit paid with a date set for completion.
Finalising the sale or transfer – representing you at the closing meeting between yourself and the other party when the notary prepares the new title deed and submits it to the Land Registry, so the buyer receives the keys to the property and the seller receives the final balance.
Managing proceeds and taxes – calculating and ensuring correct payment of applicable taxes such as Plusvalía or capital gains tax.

There’s so much paperwork involved in a property transaction that it would be unwise to deal with it all alone – unless you’re a Spanish-speaking real estate expert yourself, it would be much more efficient to use conveyancing lawyers in Spain like ourselves at Manzanares Abogados.

In any country, it would not be advisable to undertake managing a property sale on your own without detailed knowledge of the industry, law, and language. If you truly want the most favourable outcome, real estate lawyers in Spain can ease the stress by guiding you every step of the way.

Want to learn more about our Spanish real estate services? Use the button below…

Property Transfers & Legal Protection

Looking into making a Spanish property donation or transfer? Manzanares Lawyers offer our clients a stress-free Spanish property transfer service for real estate throughout Spain. Whether residential or commercial, our seamless service can complete the transfer of a property in Spain from one or more parties to another person or company.

There are many reasons to transfer property, whether it’s a traditional sale, a donation, or a termination of co-ownership. Whichever reason applies, our team of dedicated English-speaking lawyers have many years of experience in this sector, and the necessary knowledge to help you transfer your property to a new owner or transfer another property into your ownership.

The escritura publica, or title deed, is one of the most important documents when selling or transferring a property. This proves who is the current owner, and must be signed by both parties and an authorised notary to legally transfer ownership from one party to another and update the property’s Land Registry records. If you do not wish to be present at this appointment, you can assign power of attorney in Spain to us so we can act on your behalf.

Similarly, if you need us to manage your tax liabilities – from Spanish property transfer tax (Impuesto sobre las Transmisiones Patrimonilaes or ITP) to Stamp Duty (Actos Juridicos Documentados or AJD), if applicable – you can rely on Manzanares Abogados to make sure all financial aspects of the transfer are calculated and paid accurately.

Why You Need a Real Estate Lawyer in Marbella

When you want to be totally confident in your property sale or transfer in Spain, Manzanares Lawyers can provide an unequalled service in your language. We are an international, highly experienced, leading law firm in Andalucía and Ibiza, with Spanish real estate law being a principal area of practice.

Being established for over 15 years, we have a deep-rooted understanding of how to apply the law in each geographical region. When you choose our team, we promise to deliver value for money with a timely conveyancing service, bringing our inside-out knowledge of the industry and a personal touch to each case.

We are committed to transparency and efficiency at Manzanares Abogados, breaking down the law in a language you can understand and explaining the costs and requirements at the start to avoid unforeseen expenses or delays. Our team can help you to get exactly what you want from your property transaction.

The success of a property sale or transfer in Spain often depends on being well-informed about Spanish property laws and the associated tax obligations. It takes an expert understanding to apply them to specific conditions, so our assistance could be invaluable in securing the results you are looking for.

To speak with our multi-lingual real estate lawyers in Spain, and learn more about what we can do and how we can tailor our services to your circumstances, why not give one of our offices a call? You can reach us on the following phone numbers:

Alhaurín (Málaga) – +34 952 59 50 42
Marbella (Málaga) – +34 952 82 41 12
Jesús (Ibiza) – +34 971 30 31 32

We provide a wide range of legal services in Spain in addition to our real estate services, so be sure to click the button below to find out how Manzanares Lawyers could help you in other areas of Spanish law, too.

Spain Real Estate Lawyer FAQs

Do you need a Spanish real estate lawyer to sell property in Spain?

It’s not compulsory to hire a Spanish real estate lawyer when you want to sell a property in Spain, but having an expert on your side to help you navigate Spanish property law will certainly make the process much easier.

Selling a home is just as significant a transaction as purchasing one. In either case, you’ll want to make sure you’re getting the best value while complying with local and national laws – but this can be difficult if you aren’t fluent in Spanish.

This can make providing all the relevant documents and completing the paperwork especially stressful, so it’s best to have a Spanish and English-speaking lawyer in Spain who can translate for you and make sure you’re ticking off every box.

At Manzanares Abogados, we would be glad to assist you with the legal and administrative aspects of selling property in Spain, from gathering the property documentation to finalising the contract of sale and ensuring the payment of taxes.

What is 'Plusvalia' tax in Spain?

Plusvalía is a small land tax paid to the town hall in the area where the property being sold is located. This tax applies to the increased value of the property location since it was first (or last) sold, based on changes to local infrastructure that have since improved the area’s value.

This would allow you to sell the property at a higher price, so the local authority uses Plusvalía to recover some of this increase in urban land value. The rate can vary, depending on factors such as how long you’ve owned the property and its location and size, but it’s usually only a small percentage of the property value.

The Spanish courts annulled Plusvalía in 2021, but it was later reintroduced due to being a reliable source of municipal income. When a transfer of a property is made, there is then an obligation to pay Plusvalía to the local town hall within 30 days of the property sale to avoid legal penalties.

This tax is typically paid by the seller, unless you are a non-tax resident in Spain, in which case the purchaser is likely to have to pay. Buyers and sellers can negotiate who will pay Plusvalía and include this in the sales contract if they choose.

Of course, if you can prove that the urban land value hasn’t increased during the years you owned the property, or you sold the property for less than you originally paid for it, then you won’t be liable for Plusvalía.

Do you have to pay Capital Gains Tax on property sales in Spain?

Capital Gains Tax is one of the biggest taxes you’ll have to pay when selling an asset such as property in Spain. When you sell a property or plot of land and make a profit, the government will charge tax on the difference between the price you originally paid for the property and its sale price.

The Capital Gains Tax rate in Spain depends on your residency status. If you are not a resident in Spain but from an EU country, you’ll pay a flat rate of 19%, while if you’re from a non-EU country, you’ll pay a flat rate of 24% on the profits from the property sale.

However, if you are considered a resident in Spain, CGT is applied on a progressive scale – so, the greater the profit, the higher the rate of tax. This starts from 19% for the first few thousand euros and increases to 26% for profits over 200,000€.

Being a resident also means you can claim exemptions or deductions. For example, you could be exempt from CGT in Spain if you’ve lived in the property being sold for 3+ years and will use the proceeds to purchase a new primary residence in Spain – or you could reduce your CGT liability by deducting costs such as energy certificates and agency commissions.

Can I sell my property in Spain if I have a Golden Visa?

A Golden Visa in Spain is a special visa for investors that grants residency to the investor and their dependents if they make a minimum investment in Spain. One of the pathways for this visa is to invest a minimum of 500,000€ in real estate in Spain, which can be split across multiple properties.

This investment must be maintained if you want to continue holding this visa, which will be due for renewal every 2 years. If you sell the property that you used as an eligible investment for your application, you will not be able to renew it, as you will no longer meet the requirements.

If you are selling one property and purchasing another to maintain eligibility, you would have to update the Spanish authorities with this information to ensure you are still legally holding a Spanish Golden Visa.

If you choose to sell or liquidate your investments completely, you will lose the visa and the rights that come with it. However, if you maintain the visa for 5 years and meet the requirements to successfully apply for permanent residency instead, you will be free to do what you wish with your previous investments.

Is a property survey necessary to sell a Spanish property?

When a property is up for sale, prospective buyers will want to know that the building, land, and all legal documentation and outstanding debts are in order. A conveyancer can inspect the property and its history and produce a report confirming the details, so buyers can rest assured that the building is safe and the sale is completely legitimate.

The buyer will usually be the party who hires a conveyancer to carry out a property survey, as they want to be confident in the property’s condition before committing to the sale. When they choose their own professional to do this, they can be sure that they are representing their best interests as potential buyers.

If you were to commission a property survey for your own property that you plan to sell, not only would this be an additional cost to you, but buyers may not trust that the report is accurate – they are likely to prefer to commission an independent surveyor themselves.

Which tax is due on land sales in Spain?

Wondering which taxes should be paid when selling a plot of land in Spain? The answer is that the tax due depends on the seller. If you are an individual selling land for personal use, then transfer tax of up to 10% will be due as normal, which is usually paid by the buyer rather than the seller.

However, if you are selling urban land in Spain as a company or businessperson, this transaction will be considered ‘economic activity’ and therefore liable for VAT. Any invoices issued for construction work on the land will also be subject to VAT – the standard rate being 21%.

Transfers of rustic land where urbanisation has not yet started may be exempt from VAT, with transfer tax being applicable instead. If VAT applies, companies or developers registered in Spain can ask the tax authorities to refund the difference between the VAT they paid and the VAT they charged during that tax year, if the former is higher than the latter.