Buying a new-build villa in Benahavís or Marbella is a well-trodden path for international buyers, but the Spanish process has its own steps, taxes and protections. This guide walks you through the purchase of an off-plan or newly completed luxury villa, such as those at Tierra Viva.
Step 1: Define your budget, including taxes
On top of the price of a new-build home in Andalusia you will pay 10% VAT (IVA) and 1.2% stamp duty (AJD), plus notary, land registry and legal fees of roughly 1–2%. In total, plan for around 12–13% over the purchase price. More details in our guide to property taxes in Marbella.
Step 2: Get your NIE and a Spanish bank account
Every foreign buyer needs an NIE (foreigner identification number) to sign the contract and pay taxes. It can be obtained at a Spanish consulate or in Spain, or through your lawyer with a power of attorney. A Spanish bank account makes stage payments and future bills easier.
Step 3: Choose an independent lawyer
Your lawyer will check the developer, the building licence, the land registry, the bank guarantees and the contract terms. It is the most important professional in the process and usually costs around 1% of the price.
Step 4: Reservation
Once you choose a villa, a reservation deposit takes it off the market while your lawyer completes due diligence. The amount and conditions depend on the developer.
Step 5: Private purchase contract and stage payments
In off-plan purchases, the price is usually paid in stages during construction, with the balance on completion. Spanish law requires developers to protect buyers’ payments made before handover with a bank guarantee or insurance policy for each stage, so you can recover your money if the home is not delivered. Your lawyer must obtain these guarantees for every payment.
Step 6: Completion at the notary
When the villa is finished and has its licence to be occupied, you sign the public deed (escritura) before a notary, pay the balance and receive the keys. The deed is then registered at the Land Registry in your name.
Step 7: After the purchase
- Connect utilities (electricity, water, internet) in your name.
- Register for local taxes (IBI and rubbish collection).
- File your annual non-resident tax return if you do not live in Spain.
- Review the 10-year structural warranty and the 1- and 3-year warranties on finishes and installations provided by Spanish building law.
Do I need residency to buy?
No. Anyone can buy property in Spain. However, buying no longer grants residency since the Golden Visa was abolished in April 2025, so non-EU buyers who want to live here should plan their visa separately.
Can I get a mortgage as a non-resident?
Yes. Spanish banks lend to non-residents, typically up to 60–70% of the value, subject to income and credit checks. Off-plan purchases are usually financed at completion.
Frequently asked questions
How long does it take to buy a villa in Spain?
For a completed villa, 4–8 weeks is common. For off-plan, the timeline follows construction until handover.
Is buying off-plan in Spain safe?
It is safe when you use an independent lawyer and every payment is covered by a bank guarantee or insurance, as required by law.
Can I buy remotely?
Yes. With a power of attorney your lawyer can sign on your behalf, and many buyers combine one viewing trip with a virtual tour.
This guide is general information, not legal advice. Thinking about Tierra Viva? Contact us for the brochure, floor plans and a private viewing.
