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Spain remains one of Europe's most desirable places to own a home, and Marbella features on the shortlist of many international buyers. Yet the pitfalls of buying property in Spain are real, and most of them have little to do with the asking price. They concern paperwork, planning law, tax and timing: matters that are simple to manage before you sign and costly to put right afterwards.
The reassuring news is that almost every problem we encounter is avoidable. A well-structured purchase, supported by an independent lawyer, thorough due diligence and a clear view of the full costs, protects you from the great majority of surprises. This guide sets out the mistakes international buyers most often make on the Costa del Sol and the practical steps that prevent them.
Treat the purchase as a legal transaction first and a lifestyle decision second. For an overview of each stage, see our guide to the property purchasing process in Spain.
Pitfall 1: Relying on the notary instead of your own lawyer
Many international buyers assume that the Spanish notary protects their interests. The notary confirms the identity of the parties, checks the deed and formalises the sale, but is an impartial public official who does not act for you or investigate the history of the property in depth.
That work belongs to an independent lawyer who represents you alone. Choose someone with no connection to the seller or developer and with experience of high-value transactions. If you cannot be in Spain for every stage, your lawyer can act under a power of attorney, signed before a notary, which allows the purchase to proceed smoothly in your absence.
Pitfall 2: Incomplete due diligence
Due diligence is where most of the risk lies, and where a careful buyer gains the most protection.
The nota simple and cadastral records
The nota simple is an extract from the Land Registry. It confirms who legally owns the property and whether it carries mortgages, charges or embargoes. Your lawyer should obtain an up-to-date copy shortly before signing rather than rely on one supplied weeks earlier. The cadastral records describe the property for tax purposes, and they should be compared with the registry entry and with what physically stands on the plot. Discrepancies in built area or boundaries are not unusual and are best resolved before completion.
Licences and the legality of extensions
Check that the property holds its first-occupation licence (licencia de primera ocupación), which confirms that it is habitable and was built in line with its permit. Then examine anything added later: an extra bedroom, an enclosed terrace, a pool house or a basement conversion. Extensions carried out without planning permission can be difficult to legalise and may complicate a future sale or mortgage. Your lawyer should also confirm the urban planning status of the land, since not every plot is classified for residential use.
Community debts and IBI receipts
In a gated community or apartment building, unpaid community fees can follow the property to its new owner. Ask for a certificate from the community administrator confirming that the account is up to date, and read the recent minutes of owners' meetings for any planned works. You should equally see the latest IBI receipts, the annual municipal property tax, to confirm that nothing is outstanding.
Pitfall 3: Underestimating the costs of purchase
The price agreed with the seller is not the total you will pay. In Andalusia, resale homes are subject to ITP, the property transfer tax, at a general rate of 7%. Reduced rates exist for certain main residences, although buyers of a second home will not normally qualify. New-build homes bought from a developer carry 10% VAT (IVA), plus AJD, the stamp duty, at 1.2%.
On top of these taxes come notary and Land Registry fees, legal fees and, where relevant, mortgage costs. Budget for all of it from the outset. Our article on taxation and advantages for international buyers in Marbella explores the tax framework in more detail.
Pitfall 4: Overlooking the 3% withholding when the seller is non-resident
When you buy from a seller who is not tax resident in Spain, the law requires you, the buyer, to withhold 3% of the purchase price and pay it to the Spanish tax authority using form 211. This sum acts as a payment on account of the seller's own tax on any gain.
The obligation sits with the buyer, not the seller, and it is easy to miss if nobody raises it. Failing to withhold can leave the buyer exposed to the seller's tax liability. A competent lawyer will build the withholding into the completion arrangements as a matter of course.
Pitfall 5: Forgetting the ongoing costs of ownership
Owning a home in Spain brings recurring obligations. The most familiar is IBI, charged annually by the town hall, alongside community fees and, for a villa, maintenance and staffing.
Non-resident owners should also understand IRNR, the non-resident income tax. If the property is for your own use or stands empty, the tax authority imputes an annual income of 1.1% or 2% of the cadastral value, depending on whether that value has been revised, and the tax is filed on form 210. The general rates are 19% for residents of the EU and EEA and 24% for other non-residents. If you let the property, the rental income is taxed as well.
On wealth, Andalusia applies a 100% rebate on Wealth Tax. The state's Temporary Solidarity Tax on Large Fortunes, created by Law 38/2022 and since extended, can nevertheless affect very large net worths. Finally, when you eventually sell, the plusvalía municipal, a local tax on the increase in land value, will apply. Individual tax advice before you buy is always worthwhile, particularly if you hold assets in several countries.
Pitfall 6: Buying in expectation of a golden visa
Some buyers still arrive with the idea that a property purchase brings Spanish residency. That route has closed. Spain's investor residence visa, widely known as the golden visa, was abolished by Organic Law 1/2025 with effect from 3 April 2025.
Other routes to residence remain, including the non-lucrative residence visa, the international telework visa for remote workers and routes for entrepreneurs. Each has its own requirements, and these can change, so take advice from an immigration lawyer before making any purchase conditional on a visa.
Pitfall 7: Leaving the practicalities too late
Simple administrative steps can delay a purchase if left to the last moment. You will need an NIE, the identification number for foreigners, and a Spanish bank account from which to make payments. Funds from abroad should be transferred in good time, with documentation showing their origin, as banks and notaries carry out anti-money-laundering checks.
After signing before the notary, the deed must be registered at the Land Registry. Registration protects your ownership against third parties, so complete it promptly.
Pitfall 8: Choosing the wrong location for the way you live
A technically flawless purchase can still disappoint if the home does not suit your life. Marbella and its surroundings offer very different settings: the Golden Mile between the town and Puerto Banús, the golf-course setting of Nueva Andalucía, the hillside privacy of Sierra Blanca, the gated estates of Benahavís and the quieter coastline of Estepona. Our guide to Marbella and the Costa del Sol will help you compare them.
Visit at different times of year and weigh the choice between resale and new build carefully. Our article on the benefits of buying a new-build property in Marbella sets out the advantages of recent construction. When you are ready to compare options, you can browse our full selection of luxury properties for sale.
Frequently asked questions
What are the most common pitfalls of buying property in Spain?
The most frequent problems are incomplete due diligence, unlicensed extensions, unpaid community fees or IBI, underestimated purchase taxes and a missed 3% withholding when the seller is non-resident. An independent lawyer addresses each of these before you sign.
Do I need a lawyer to buy property in Spain?
It is not a legal requirement, but it is strongly advisable. The notary is impartial and does not investigate the property on your behalf, so an independent lawyer is your main protection.
What taxes do I pay when buying a home in Marbella?
Resale homes in Andalusia pay ITP at a general rate of 7%. New builds pay 10% VAT plus AJD at 1.2%. Notary, registry and legal fees are additional.
Can I still obtain a golden visa by buying property in Spain?
No. The golden visa was abolished by Organic Law 1/2025, effective 3 April 2025. Other residence routes exist, and an immigration lawyer can advise on which may suit you.
How can I check that a property is legal before buying?
Your lawyer should review the nota simple, the cadastral records, the first-occupation licence, the legality of any extensions and the urban planning status of the land.
Buy with confidence with BARNES Marbella
Avoiding the pitfalls is largely a matter of preparation and the right advisers. Our team works alongside trusted independent lawyers and tax specialists and will guide you discreetly from the first viewing to registration. Contact BARNES Marbella to discuss your search in confidence. If you already own a property on the Costa del Sol, you can also request a confidential valuation of your home.