Buying Process in Spain
A calm, practical guide to the legal steps, payments, checks and decisions involved when buying property in Benahavís, Marbella and the wider Costa del Sol.
Last reviewed: May 2026. Legal procedures, taxes and timelines can change.
Buying property in Spain follows a clear legal structure, but the process can feel unfamiliar if you are used to buying in the UK, northern Europe or outside the EU. The stages are logical, yet timing, documentation, deposits and professional advice all matter.
For international buyers, the most important principle is simple: appoint an independent solicitor early, understand your total budget before offering, and make sure every payment is handled through a properly advised route.
This guide explains the main steps from offer acceptance through to completion and post-completion registration, with a particular focus on Benahavís and the wider Costa del Sol market.
The Buying Process at a Glance
Most purchases move through a familiar sequence: offer, reservation, legal checks, private purchase contract, mortgage or funding preparation, notary completion and post-completion registration.
In a straightforward resale purchase, completion often takes around 6–10 weeks from reservation, although timing depends on the property, documentation, finance and the parties involved.
Remote purchases are also common. If you are not in Spain, your solicitor can often act for you using Power of Attorney.
Before You Make an Offer
The buying process begins before the formal paperwork. A strong purchase usually starts with a clear brief, a realistic budget and a good understanding of the area.
Benahavís is not one single market. A villa in La Zagaleta, an apartment in Los Arqueros, a townhouse in La Heredia and a new-build home near Atalaya can involve very different lifestyle considerations, ownership costs and resale dynamics.
Before making an offer, it helps to understand not only what you can afford, but what the full purchase will cost once taxes, legal fees, notary, registry, furnishings, mortgage costs and currency movement are taken into account.
Know the Total Budget
As a broad guide, allow around 10% on top of the purchase price for resale property and around 14–15% for new-build property in Andalucía.
Prepare Finance Early
If you need a Spanish mortgage, early pre-approval helps avoid delays and makes your offer more credible.
Step 1: Offer Acceptance and Reservation
Once price and key terms are agreed, the first formal stage is usually a reservation agreement. This removes the property from the market for a limited period while your solicitor begins legal checks.
A reservation payment is commonly around €6,000–€10,000, although this varies by property and negotiation. The agreement should clearly state the price, parties, timescale, included items and the circumstances under which the deposit may be refundable.
This is where legal advice becomes important. Buyers should avoid signing or transferring funds before their solicitor has reviewed the reservation document and confirmed the safest payment route.
Important Payment Guidance
The Benahavís Collection does not hold buyer funds. We recommend that reservation deposits and staged payments are handled through your solicitor’s client account or another properly advised route.
Buyers should be cautious about transferring funds directly to an agent or private seller without independent legal guidance.
Step 2: Due Diligence and Legal Checks
After reservation, your solicitor carries out due diligence. This is the stage where the legal condition of the property is examined carefully before you become fully committed.
The solicitor will normally review the Land Registry record, ownership, charges, planning position, licences, community information, property taxes, utilities and any debts or restrictions that could affect the purchase.
For villas, country properties and older homes, planning and licence checks can be particularly important. For apartments and townhouses, community statutes, minutes and fees deserve close attention, especially where rental use or future works may be relevant.
What Your Lawyer Checks
Ownership, registered charges, planning status, licences, community debts, IBI, basura, utilities, legal description and any restrictions affecting the property.
Why This Stage Matters
If an issue appears, your solicitor can advise whether to renegotiate, request further documentation or withdraw before the purchase becomes binding.
Step 3: Private Purchase Contract
Once the legal checks are satisfactory, the next major step is the private purchase contract. This contract confirms the agreed price, completion date, payment structure, included items and the obligations of both buyer and seller.
At this stage, the buyer usually pays a larger deposit, commonly bringing the total paid to 10% of the purchase price, less any reservation amount already transferred.
The private contract is important because it normally sets penalties if either party withdraws without legal justification. Your solicitor should explain exactly what you are committing to before anything is signed.
For buyers abroad, the contract can often be signed remotely using Power of Attorney.
Step 4: Mortgage, Funds and Currency Planning
If you are using finance, the mortgage process usually runs alongside the legal process. The bank will assess affordability, verify documentation and order an independent valuation, known as a tasación.
Non-resident buyers can often borrow around 60–70% loan-to-value, depending on profile and affordability. Spanish residents may be able to borrow more, often around 70–80%, subject to lender criteria.
Currency planning also matters. If your funds are held outside the eurozone, exchange-rate movement between reservation and completion can affect the real cost of the purchase. Many buyers use specialist foreign-exchange providers to manage larger transfers.
Read the financing and mortgage guide →
Step 5: Completion at the Notary
Completion takes place before a Spanish Notary. The final balance is paid, the title deed — Escritura de Compraventa — is signed, and ownership legally transfers to the buyer.
The Notary verifies identity, documentation and the formal signing process. However, the Notary does not replace your independent solicitor. Your solicitor is the person who protects your legal and practical interests throughout the purchase.
If you cannot attend completion in person, your solicitor can usually attend and sign on your behalf under Power of Attorney.
At Completion
Funds are confirmed, the deed is signed, keys are released and the sale becomes legally effective.
After Signing
Your solicitor normally submits the deed to the Land Registry and manages tax payments and post-completion formalities.
Step 6: Post-Completion Registration and Utilities
The process does not finish the moment the keys are handed over. After completion, your solicitor normally handles registration, tax filing and the practical transfer of ownership details.
This includes Land Registry registration, payment of the relevant purchase taxes, utility changes, community administration, IBI, basura and, where relevant, mortgage registration.
For second-home buyers, it is also sensible to arrange insurance, local banking, property management, alarm systems, internet, keyholding and any initial maintenance or furnishing requirements soon after completion.
How Benahavís Collection Helps Buyers
At Benahavís Collection, we help buyers move through the process with clarity, from the first property shortlist to viewings, offers, solicitor introductions and completion coordination.
Our website shows a carefully hand-picked collection of homes, but this is only part of the market. We work closely with the major agents and agencies across Benahavís and the surrounding areas, and at any one time we normally have access to more than 600 properties for sale once collaborating agencies and discreet off-market options are included.
We can arrange viewings on virtually any property for sale in Benahavís, build efficient viewing itineraries and reduce the need for buyers to coordinate multiple agents directly. We accompany viewings and remain a single point of contact throughout the search.
We do not charge buyers for arranging viewings or coordinating property searches. When a purchase completes, we receive an introducer’s fee from the listing agent involved in the transaction.
Request a bespoke property shortlist →
FAQs About the Buying Process in Spain
How long does buying property in Spain take?
Many resale purchases complete within around 6–10 weeks, although the timing depends on legal checks, finance, documentation and seller readiness.
Can I buy property in Spain remotely?
Yes. Many international buyers complete remotely using Power of Attorney, allowing their solicitor to sign documents and attend completion on their behalf.
How much is the reservation deposit?
Reservation deposits often range from around €6,000–€10,000, although the amount can vary depending on the property and agreement.
When is the 10% deposit usually paid?
The larger deposit is usually paid at private purchase contract stage, often bringing the total paid to 10% of the purchase price less any reservation deposit already paid.
Do I need an independent solicitor?
Yes. We strongly recommend appointing an independent solicitor before signing contracts or transferring funds.
Can non-residents get a mortgage in Spain?
Yes. Many non-resident buyers can obtain Spanish mortgages, usually around 60–70% loan-to-value depending on profile and affordability.
Buyer Resources & Related Reading
Purchase Costs in Andalucía
Understand ITP, IVA, AJD, legal fees and realistic buying budgets.
Financing & Mortgages
Learn how Spanish mortgages, deposits and loan-to-value ratios typically work.
Buyer’s Checklist
Prepare documents, priorities, finances and viewing notes before you travel.
Viewing Etiquette & Offer Strategy
See how experienced buyers approach viewings, negotiations and offers.
Continue Your Property Journey
Search Homes
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Area Guides
Compare La Quinta, Los Flamingos, Los Arqueros, La Zagaleta and other key areas.
Property Collections
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