Spain's new anti-money laundering law will not ban luxury home purchases on the Costa del Sol or make them more expensive, but it will require estate agencies, developers and advisers to check far more thoroughly who is buying, who is behind a buying company and where the money comes from. The Council of Ministers approved the draft bill at first reading on 28 July 2026, it is open to public consultation until 30 September, and Spain must have it ready before 10 July 2027, when the EU anti-money laundering regulation starts to apply.
For buyers whose money has a clear origin, the change is mostly about paperwork and timing. For agencies, the leap is much bigger. Here is what changes and how to prepare if you plan to buy or rent in Marbella, Benahavís or Estepona.
What is the new anti-money laundering law and when does it come into force?
It is the draft Comprehensive Anti-Money Laundering Measures Act, which will replace Law 10/2010 and brings Spain into line with the anti-money laundering package adopted by the European Union in 2024. Its regulation will apply directly across the EU from 10 July 2027.
It is not law yet: after the public consultation it will go back to the Council of Ministers and then through Parliament, so the text may change.
The direction, however, is clear: more scrutiny and a stronger supervisor, the National Financial Integrity Authority (ANIFI), which will bring together functions now spread across several bodies, including those of Sepblac, Spain's financial intelligence unit. Under the draft, it will be able to freeze a suspicious transaction for up to ten working days and block the use of an account for up to five.
Which property transactions does the anti-money laundering law cover?
It applies to the sector's obliged entities: developers, agencies acting as intermediaries in sales or lettings, and lawyers or advisers involved in the transaction. The EU package also covers residence-by-investment operators, although in Spain the golden visa for buying property was abolished on 3 April 2025. The key difference is between buying and renting:
| Transaction | Is it covered by the law? | What it means in practice |
|---|---|---|
| Purchase through an agency or developer | Always, whatever the price | Identification of the buyer, the beneficial owner and the source of funds |
| Rental from €10,000/month or €120,000/year | Covered, as it has been since 2021 | The agency applies the same checks to the tenant as to a buyer |
| Rental below that threshold | The agency is not an obliged entity | Ordinary tenancy agreement, without these checks |
| Purchase through a company | Always, with additional checks | Mandatory search of the Central Register of Beneficial Ownership |
The rental threshold is not new: it was introduced by Royal Decree-Law 7/2021 and the new law keeps it. What changes is everything the agency will have to do above it.
What will the estate agency ask you for when you buy a luxury home?
If you buy through an agency or directly from a developer, expect to be asked for far more than your passport and NIE. These are the checks that already exist or that the draft bill strengthens:
- Full identification: ID document, NIE and, if you buy through a company, its beneficial owner, meaning the individual who controls it.
- Central Register of Beneficial Ownership: the agency will have to search it for every new client, keep the electronic certificate and report any discrepancy to the supervisor. Simply asking the client will no longer be enough.
- Source of funds: documents showing where the money comes from, whether a sale, an inheritance, savings or a loan.
- Politically exposed persons: if you, a family member or a close associate hold or have held a prominent public position, enhanced due diligence applies.
- Unusual transactions: if a deal has no clear economic rationale, the agency must examine it in writing, not carry it out until it is clarified and, if doubts remain, report it to ANIFI.
They matter especially here because much of the money comes from abroad: foreigners already account for 37% of home sales in the province of Malaga, as we reported on this blog.
What changes for estate agencies and developers?
The heaviest burden falls on professionals, who will need a formal compliance structure:
- A compliance director who sits on the board and a representative before ANIFI, both notified to the supervisor.
- Written policies with a risk assessment, an internal reporting channel and staff training, including at subsidiaries and branches.
- Fit and proper rules: nobody convicted of money laundering, terrorist financing or predicate offences may work as an agent or developer, run an obliged company or control 25% or more of its votes until their criminal record has been expunged.
And fines soar. Serious breaches, such as failing to identify a client properly or not appointing a representative before ANIFI, start at €60,000 and can reach the highest of these amounts: €10 million, 10% of annual turnover or a multiple of the transaction value or of the profit obtained. The directors and managers responsible face personal fines of up to €10 million and a ban of up to five years from the sector.
Why are luxury property and Marbella in the spotlight?
The Financial Action Task Force (FATF) and the European Union regard real estate as highly vulnerable to money laundering: it moves large sums, lets the real owner hide behind chains of companies and helps make money look legitimate. And high-end rentals are growing in markets such as Madrid, Barcelona, Marbella, Ibiza and Palma.
On the Costa del Sol, that segment is no niche, as the active listings on evsproperty.com showed on 16 September 2026:
| Municipality | Median asking price | Homes for sale from €1 million | Rentals from €10,000/month |
|---|---|---|---|
| Marbella | €955,000 | 48% | 81 of 343 |
| Benahavís | €1,195,000 | 52% | 16 of 51 |
| Estepona | €649,000 | 26% | 12 of 146 |
| Malaga | €625,348 | 29% | 3 of 13 |
| Mijas | €549,000 | 23% | 1 of 41 |
| Fuengirola | €575,000 | 12% | 0 of 7 |
| Costa del Sol (overall) | €650,000 | 30% | 115 of 636 |
Source: EVS PROPERTY GROUP, active listings. Median asking price from our monthly Costa del Sol price report.
Almost half of what is for sale in Marbella and more than half in Benahavís is priced above €1 million, and nearly one in four rentals advertised in Marbella exceeds €10,000 a month. Here, luxury is not the exception.
How should you prepare to buy or rent on the Costa del Sol?
To avoid delays, it is worth having these to hand before reserving:
- Your NIE, which you need to sign. We explain how to get it step by step on this blog.
- Proof of the source of funds: the deed of sale of another property, acceptance of an inheritance, bank statements or a loan agreement.
- If you buy through a company, its deed of incorporation, its shareholding and a correctly registered beneficial owner. We have also looked on the blog at when buying through a company makes sense.
- Transfers from accounts in your own name: payments from third-party accounts or from several countries without explanation tend to raise more questions.
- No cash: if you buy from a developer or another business, cash payments are capped at €1,000, or €10,000 if you are a private individual without tax residence in Spain.
And leave some slack in your timetable: if anything raises doubts, the transaction is put on hold until it is clarified.
Conclusion
The new anti-money laundering law does not change what you can buy, but how you prove that everything is in order. On the Costa del Sol, where three in ten homes for sale are priced above €1 million, it will touch a significant part of the market, and buyers who arrive with their paperwork ready will close their deals with far less friction.
If you plan to buy or rent in Marbella, Benahavís or anywhere on the Costa del Sol, at EVS PROPERTY GROUP we will advise you from the very first contact on the paperwork worth having ready.
This article is for general information only: the draft bill may change during its passage, and it is not a substitute for legal advice on your transaction.
Frequently asked questions
When does the new anti-money laundering law come into force?
It is still a draft bill, open to public consultation until 30 September 2026; it must then go through the Council of Ministers and Parliament. Spain has to adapt its rules before 10 July 2027, when the EU regulation starts to apply.
Do I have to prove the source of my money to buy a house in Marbella?
Yes. Any purchase through an agency or developer is subject to anti-money laundering rules, with no minimum amount, and that includes proving where the money comes from. The notary and the bank also run their own checks.
Does the anti-money laundering law affect residential rentals?
Only when an agency acts as intermediary in a rental of €10,000 a month or €120,000 a year or more. That threshold has existed since 2021 and the new law keeps it.
Can you pay for a property in cash in Spain?
Hardly at all. If one of the parties is a business or professional, such as a developer, the limit is €1,000, or €10,000 for private individuals without tax residence in Spain. The usual way to pay is by bank transfer or banker’s draft, and the notary records the means of payment in the deed.
What changes if I buy the property through a company?
The agency will search the Central Register of Beneficial Ownership to identify the individual who controls the company and, if it does not match what you declare, must report it to the supervisor. It is worth checking beforehand that the beneficial owner is correctly registered.
What next? The most useful thing after reading is to look at the real market: browse properties by city or tell us on WhatsApp what you are looking for — area, budget, timing — and we will prepare a tailored selection, with no obligation.
You may also find useful: sell your property invest on the Costa del Sol free valuation monthly price report
