The independent buyer’s guide by EVS PROPERTY GROUP — updated July 2026.
Every year thousands of international buyers purchase a home on the Costa del Sol, and the vast majority are delighted with the result. The ones who get burned almost always make the same handful of mistakes — and every one of them is avoidable. This guide walks you through the twelve things that matter most, from your first paperwork to the day you collect the keys. It is written for non-Spanish buyers, it reflects the rules in force in 2026, and it deliberately avoids the sales fluff you will find elsewhere.
1. Get your NIE before you fall in love with a property
The NIE (Número de Identidad de Extranjero) is your Spanish foreigner identification number. You cannot complete a property purchase, open certain bank products, connect utilities in your name or pay Spanish taxes without one. It is not a residency permit — it is simply a tax ID, and every foreign buyer needs it.
You can apply at a Spanish national police station in Spain (appointment required, and slots in Málaga province fill up fast in high season), at a Spanish consulate in your home country, or through a power of attorney granted to your lawyer, who obtains it for you. The last option is the most popular with our clients: it costs a little more but removes the single most common cause of delayed completions.
The mistake to avoid: leaving the NIE until after you have signed a private purchase contract with a fixed completion date. If the NIE is late, you are the party in breach.
2. Budget the real cost: ~10% on resale, ~13% on new builds
The price you negotiate is not the price you pay. On the Costa del Sol, plan for around 10% on top for a resale home and around 13% for a new build in taxes and fees. On a €400,000 resale apartment that means about €40,000 in costs (€52,000 if it is a new build) — money that must be in cash, because a mortgage will not cover it.
What is inside that figure? Transfer tax or VAT (the biggest slice — see the next section), notary fees, land registry fees, your lawyer, bank charges, and small administrative costs. Notary and registry together typically run in the range of €1,500–€3,000 depending on the price and complexity.
The mistake to avoid: stretching your budget to the maximum purchase price and discovering at the notary that you are €30,000 short. Work backwards: total available funds ÷ 1.10 (resale) or ÷ 1.13 (new build) ≈ your realistic maximum price.
3. Know your taxes: 7% resale, 11.5% new build
Andalusia is one of the most tax-friendly regions in Spain for property buyers, and the rules in 2026 are refreshingly simple:
- Resale property: ITP (transfer tax) at a flat 7% of the purchase price. The old 8–10% sliding scale was abolished in 2021 and the 7% flat rate remains in force in 2026.
- New build from a developer: 10% IVA (VAT) plus 1.5% AJD (stamp duty) — 11.5% in total. You never pay both ITP and IVA on the same purchase; it is one or the other.
One caution: the tax office assesses ITP on the official “reference value” (valor de referencia) of the property, not just the price you paid. If the reference value is higher than your purchase price, tax is due on the higher figure. Your lawyer should check this before you sign anything — a bargain price can hide a tax bill calculated on a much higher base.
The mistake to avoid: comparing a resale at €395,000 with a new build at €395,000 as if they cost the same. The new build carries roughly €17,800 more in tax.
4. Hire your own independent lawyer — never share one
This is the single best investment of the whole process. An independent, English-speaking property lawyer (abogado) typically charges around 1% of the purchase price plus VAT, with minimum fees for lower-priced properties.
Independent means: not recommended by the seller, not employed by the developer, and not the same lawyer acting for the other side. A good lawyer verifies title, debts, licences and contracts, holds your deposits safely, obtains your NIE under power of attorney, and can complete the purchase for you if you cannot fly in. In Spain the notary does not perform this role — the notary certifies the transaction but does not protect your interests the way a UK solicitor or US title company would.
The mistake to avoid: “saving” €4,000 on legal fees on a €400,000 purchase. Buyers who get seriously burned on the Costa del Sol are almost always buyers who skipped independent legal advice.
5. Due diligence: what your lawyer must actually check
Before you sign a private contract, insist on a written due diligence report covering at minimum:
- Nota simple from the Land Registry — confirms the seller owns the property and reveals mortgages, embargoes and charges.
- Urban planning status — is the property fully legal? On the Costa del Sol a surprising number of older villas have unregistered extensions or pools.
- First occupation licence (LPO) — essential for new builds and for holiday-rental potential.
- Community of owners — is the seller up to date with fees? Are there approved special levies (derramas) for that roof renovation you would inherit?
- IBI and utilities — unpaid property tax attaches to the property, not the person. You can inherit the previous owner’s debt.
- Tourist rental rules — if you plan to rent, check both the Andalusian VUT registration requirements and, since 2025, whether the community of owners restricts holiday lets. Rules have tightened; do not assume.
The mistake to avoid: paying a reservation deposit before anyone has seen a nota simple. Reserve only with a refund clause conditional on clean due diligence.
6. Understand the three-stage buying process
A Spanish purchase normally moves through three stages:
- Reservation (reserva): you pay a holding deposit — typically €6,000–€10,000 on the Costa del Sol — and the property is taken off the market while your lawyer does due diligence.
- Private purchase contract (contrato de arras): usually within 2–4 weeks. You pay a deposit of 10% of the price (less the reservation already paid). Under the standard “arras penitenciales” format, if you pull out you lose your deposit; if the seller pulls out, they must return it doubled.
- Completion at the notary (escritura): you (or your lawyer with power of attorney) sign the public deed before a Spanish notary, pay the balance by banker’s draft or verified transfer, and receive the keys. The deed is then registered in your name at the Land Registry.
A typical cash purchase completes in 4–8 weeks from reservation; with a mortgage allow 8–12 weeks.
The mistake to avoid: signing an arras contract before your finance is secured. Once you sign, your 10% is genuinely at risk.
7. Get your money side organised early
Three practical points that catch foreign buyers out:
- Bank account: a Spanish non-resident account is not strictly obligatory in every case, but in practice it makes completion, utility direct debits and tax payments far smoother. Opening one takes days, not hours — banks apply full KYC checks to non-residents.
- Proof of funds: Spanish anti-money-laundering rules are strict. Be ready to document the origin of your funds (sale of a property, savings, inheritance) with paperwork. Start assembling this before you need it.
- Currency exchange: if your money is in pounds, dollars, kronor or francs, the difference between your bank’s tourist rate and a specialist FX broker’s rate on a €400,000 transfer can exceed €10,000. Compare, and consider a forward contract to lock your rate once you sign the arras.
The mistake to avoid: initiating a large international transfer for the first time two days before completion. Transfers get held for compliance checks; completions get missed.
8. Mortgages for non-residents: realistic expectations
Spanish banks lend to non-residents, but on tighter terms than you may be used to at home. In 2026, non-resident buyers can typically borrow 60–70% of the property valuation (loan-to-value), with the stronger end reserved for EU residents and strong financial profiles; some non-EU applicants are offered 50–60%. Banks generally want your total debt payments below roughly a third of net income, and they will ask for extensive documentation: passport, NIE, tax returns, payslips, bank statements — all often needing official translation.
Allow 8–10 weeks for a non-resident mortgage from application to signing, and get a decision in principle before you commit your 10% deposit. A Spanish valuation (tasación) is mandatory and the bank lends against the lower of valuation or price.
The mistake to avoid: assuming the 80–90% financing you would get at home. Budget on 60–70% and be pleasantly surprised, not the reverse.
9. Residency reality check: the Golden Visa is gone
Important, because outdated information is still everywhere online: Spain abolished its Golden Visa on 3 April 2025. Buying a property — at any price — no longer entitles you to Spanish residency. Any agent or website still promising “residency through property investment” in Spain is out of date at best.
What this means in practice for non-EU buyers (including UK nationals) is the standard Schengen 90/180 rule: you may spend up to 90 days within any rolling 180-day period in the Schengen area without a visa. That is generous for a holiday home — effectively up to half the year in two long stays — but it is not year-round living. Buyers who want more time have options such as the Non-Lucrative Visa (passive income required) or the Digital Nomad Visa (remote workers), both with their own requirements. EU/EEA citizens are unaffected and may live in Spain freely.
The mistake to avoid: structuring a purchase around a residency promise nobody can deliver. Decide how much time you genuinely need in Spain, then choose the right visa path — or none at all.
10. Buying off-plan or new build: extra protections to demand
New builds on the Costa del Sol offer modern specifications and staged payments, but off-plan buying has its own rules of survival:
- Bank guarantees (avales): by law, every stage payment you make before completion must be secured by a bank guarantee or insurance policy. Never pay a euro that is not guaranteed — this is the mechanism that protects you if the developer fails.
- Licence checks: confirm the building licence exists before you sign, and never complete without the first occupation licence (licencia de primera ocupación).
- Snagging: inspect before completion and document defects. Developers are liable for finishing defects for 1 year, habitability defects for 3, and structural defects for 10.
- Delivery dates: expect the contractual date to include a grace period; ask your lawyer what compensation applies if the developer is genuinely late.
The mistake to avoid: paying stage payments into an account with no aval. Reputable developers provide guarantees without argument; treat any resistance as a red flag.
11. Know your running costs before you buy
A property that fits your purchase budget must also fit your annual budget. Typical ongoing costs for a Costa del Sol apartment:
- IBI (annual municipal property tax) — commonly a few hundred to a couple of thousand euros depending on the property and town.
- Community fees — from modest amounts in small buildings to €300+ per month in resorts with pools, gardens, spas and 24-hour security. Always ask for the current fee and the last two years of community accounts.
- Non-resident income tax (IRNR) — non-resident owners file annually even if the property is never rented (imputed income tax on the cadastral value); if you rent it out, rental income is taxable in Spain. Since 2024–2025 the filing calendar and rates have seen adjustments — your fiscal representative will keep you compliant for a modest annual fee.
- Utilities and insurance — budget realistically for electricity (air conditioning is not optional in August) and home insurance.
The mistake to avoid: buying into a luxury resort on a budget that only covers the mortgage. The community fee is forever.
12. Choose the area with your own eyes, not with photographs
The Costa del Sol is not one market. Benahavís, Marbella East, Estepona, Fuengirola, Benalmádena, Manilva — each has a different price per square metre, a different buyer profile, different rental dynamics and a different feel at 9 pm in November. A property that is perfect in one zone would be a mistake two towns along at the same price.
Photographs cannot tell you about the traffic on the access road, the noise from the chiringuito below, the walk to the nearest supermarket, or how the “sea view” actually looks from the sofa. Two days on the ground with a knowledgeable local agent will teach you more than two months of portal browsing — and will usually save you from the most expensive mistake of all: buying the wrong property in the wrong place.
The mistake to avoid: buying remotely, unseen, from a portal listing — or trying to view 20 properties across 60 km of coast in one chaotic self-organised day.
Ready to see it for yourself? Book a 2-day viewing trip
This is exactly why we organise structured 2-day viewing trips for serious buyers. Tell us your budget and your priorities, and we prepare a shortlist of 5–7 properties matched to your criteria, plan the route, drive you between viewings, show you the zones honestly — the pros and the cons — and introduce you to the lawyers and brokers you will need. No pressure, no hard sell: our job is to make sure that when you do buy, you buy well.
EVS PROPERTY GROUP — your local, independent agency on the Costa del Sol.
- Email: [email protected]
- Phone / WhatsApp: +34 678 980 662
Write to us today with your budget and preferred areas, and we will send you a tailored selection of properties within 24 hours — and, when you are ready, we will plan your viewing trip down to the last coffee stop.
Disclaimer: this guide is general information, not legal or tax advice. Figures reflect the rules in force in Andalusia in July 2026 and can change; always confirm the numbers for your specific purchase with an independent lawyer and tax adviser.



