Blog
Practical explanations, written by the firm’s lawyers, of the planning issues that most concern buyers and owners on the Costa del Sol.
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Each article summarises a specific issue. Click ‘Read more’ to read each article in full.
If you’re thinking about buying property in Spain as a foreigner—especially on the Costa del Sol, in Sotogrande, or Cádiz—let me tell you something: the sun, the sea, and the beach bars are wonderful… but what truly gives you peace
A deposit contract commits the buyer before many details of the property are known. Before signing, it is advisable to check the licences, the land classification, whether the Land Registry, the Spanish Cadastre and the reality on the ground match, and any proceedings at the Town Hall.
Homes built without a licence that can no longer be subject to a demolition order can obtain a decision from the Town Hall that allows them to be lived in, maintained and registered, although not extended.
On rural land the general rule is that no new home may be built. Existing houses may be legal, have AFO status or need to be regularised, with very different consequences.
The Spanish Coastal Law restricts works on land close to the shoreline. Before buying a frontline property, it is worth knowing where the coastal boundary lies and whether the home falls within the protection easement.
The document confirming that a home can be lived in determines whether utility supplies can be contracted, whether the new building can be registered and whether financing is available. In Andalusia it is often processed through a responsible declaration.
The court ruling that annulled the 2010 general town plan brought the 1986 plan back into force. For anyone buying in Marbella, knowing under which rules the home was authorised is as important as checking that it has a licence.
Glossary
Concepts from Spanish property law that you will come across during the transaction and that do not always have an equivalent in the buyer’s home country.
Spanish foreigner identification number. It is the tax identification number required to buy or sell a home in Spain, sign a mortgage and pay the taxes on the transaction.
Information extract from the Land Registry showing who owns the home, how it is described and which charges, such as mortgages or attachments, are registered against it.
Private contract that reserves the purchase until the title deed is signed. It sets the price, the amount paid by the buyer and the deadline for signing before the notary.
Document authorised by the notary (notario) when the sale is completed. Its signing is equivalent to the handover of the home, and it is the title that is then recorded at the Land Registry.
Public registry in which homes and their owners are recorded. Registration protects the buyer against third parties and is required to mortgage the home.
Document by which you authorise another person, for example your lawyer, to sign on your behalf. It can be granted before a notary in your own country, with an apostille, or at the Spanish consulate.
Before you go ahead
To give you some initial guidance, all we need is the cadastral reference or the address of the property, the listing or the Land Registry extract and a brief description of what you want to do. With that information we will tell you which checks your case requires.
Before making an offer on a property.
Before signing a reservation contract or a deposit contract.
Before applying for a mortgage or accepting the bank’s offer.
Before putting your home on the market.
If you cannot travel to Spain for the signing.
Before renovating the home you have bought.
About this blog
The articles are written by the firm’s lawyers to explain, in accessible language, planning issues that often arise for buyers and owners on the Costa del Sol. They reflect the legislation in force on the date of publication and may later become out of date.
They do not constitute legal advice and are no substitute for an assessment of each property, which depends on the municipality, the area, the date of construction and the licences granted.
If any of the issues discussed affects your situation, we invite you to send us your enquiry so that we can assess it with the relevant documentation.
