The legal side of buying a property on Costa del Sol - and why the right lawyer makes all the difference

The legal side of buying a property on Costa del Sol - and why the right lawyer makes all the difference

Most international buyers focus first on the fun part of buying on Costa del Sol: the sun, the areas, the properties and the lifestyle. But behind every safe purchase there is another side that is just as important - the legal process.

Spain has its own legal system, documents and procedures that are different from many buyers’ home countries. Understanding the basics, and having the right lawyer on your side, is one of the best ways to avoid problems and feel confident throughout the transaction.

In this guide, we at JMA Prime Estate, together with our legal division JMA Legal, walk through the key legal steps when buying a property on Costa del Sol - and how a good lawyer protects you as a buyer.

Please note: This article is for general information only and is not legal advice. For your specific situation, you should always consult a qualified lawyer.

1. why you should always have your own independent lawyer

In some countries, buyers rely mainly on the real estate agent or the bank to handle the legal side. On Costa del Sol, the safest approach is to have a separate, independent lawyer whose only job is to protect you as the buyer.

That is why we work closely with JMA Legal, You get two strong partners with different roles - one for the market and one for the legal side.

A good lawyer will:

Explain the process and timeline in clear terms
Check that the seller really owns the property and has the right to sell it
Review all contracts before you sign anything
Check for debts, charges, planning issues and other risks
Handle payments, taxes and registration correctly in your name

Without this protection, you risk signing documents you don't fully understand - or discovering problems only after you've paid.

At JMA Prime Estate, we work closely with JMA Legal to make sure our clients always have this independent legal support throughout the purchase.

2. key legal checks before you commit

Before you sign a private purchase contract or pay a larger deposit, your lawyer will normally perform a series of legal checks (due diligence), for example:

Ownership and title
- Confirming that the seller is the registered owner
- Checking that the property is correctly registered in the Land Registry
Debts and charges
- Mortgages or loans secured on the property
- Unpaid taxes, community fees or utility bills that might affect you
Planning and licences
- Whether the property was built with the correct licences
- If there have been extensions or changes that are not properly legalised
Community and rules
- Checking the community statutes (for example, rules on rentals, pets, use of common areas)
- Reviewing recent community minutes to see if there are upcoming works or special fees

These checks are essential to avoid “surprises” later.

3. understanding the main legal documents

When you buy a property on Costa del Sol, you will typically encounter three main stages of documentation:

a) Reservation document

Once a price is agreed, the first step is often a short reservation document. This usually:

Takes the property off the market for a limited period
Sets out the basic terms (price, parties, timing)
Is accompanied by a reservation fee (often between 6,000-10,000 € depending on the property and agreement)

Your lawyer should review the reservation document or provide a standard version to make sure your interests are protected.

b) Private purchase contract (arras)

After legal checks have been completed, a more detailed private purchase contract is signed. This contract normally includes:

Full details of buyer and seller
Description of the property
Final purchase price
Payment terms and timeline
Completion date
What is included (for example, furniture, parking, storage)
Consequences if either party fails to complete

At this point you usually pay up to 10% of the purchase price (including any reservation already paid). The contract governs the relationship between buyer and seller until completion.

c) Title deed at the notary (escritura)

The final step is the signing of the title deed in front of a Spanish notary. This is where:

Buyer and seller (or their legal representatives) sign the final document of sale
The remaining balance is paid
The notary verifies the identities, the basic legal situation and records the deed

After signing, your lawyer arranges for the deed to be registered in your name at the Land Registry and handles the payment of purchase taxes.

4. Taxes and costs on the legal side

Your lawyer will also help you understand and plan for the main taxes and costs associated with the purchase. These can include, for example:

Transfer tax (ITP) for resale properties, or VAT and stamp duty for new build
Notary and Land Registry fees
Legal fees
Possible mortgage-related costs if you finance the purchase with a Spanish loan

A good rule of thumb is that the total cost of buying is usually around 10-13% on top of the purchase price, depending on the type of property and your situation. Your lawyer and agent should give you a personalised breakdown before you commit.

5. powers of attorney - buying even when you are not in Spain

Many international buyers are not able to be in Spain for every step of the process. In these cases, a power of attorney (POA) can be a very practical solution.

With a carefully drafted power of attorney, your lawyer can:

Apply for your NIE number
Sign certain contracts on your behalf
Attend the notary to complete the purchase
Handle registrations and tax payments

This can save you multiple trips and make the process much more efficient - especially if you have a busy schedule.

At JMA Legal, we regularly prepare and handle powers of attorney for our clients in a way that is both safe and practical.

6. How JMA Prime Estate and JMA Legal work together

One of the advantages of working with JMA Prime Estate is that we combine local market knowledge with a dedicated legal division - JMA Legal.

In practice, this means that:

From the first contact, we already think about both the property and the legal side
We can quickly flag any potential legal issues that might affect your decision
Communication between agent and lawyer is smooth - you don't have to act as the “go-between”
You always know who is doing what and at which stage

You still have independent legal representation - the lawyer's role is to protect you as a buyer - but you benefit from a team that is used to working closely together.

7 In summary - make the legal side your ally, not a source of stress

The legal side of buying a property on Costa del Sol doesn't have to be intimidating. With the right lawyer and a clear process, it becomes:

A way to confirm that the property is safe to buy
A tool to avoid unnecessary risks
A source of clarity and confidence instead of worry

The key is to:

Involve an independent lawyer early
Let them review documents before you sign
Ask questions until you feel you fully understand each step

How JMA Prime Estate and JMA Legal can support you

If you are considering buying a property on Costa del Sol and want both strong market support and solid legal protection, JMA Prime Estate and JMA Legal can help you with:

A full overview of the buying process
Coordination between property search and legal checks
Clear explanations of documents, taxes and costs
Safe handling of contracts, payments and completion at the notary
Ongoing support after the purchase if you need help with rentals, inheritance planning or other legal matters related to your property

Thinking about buying on Costa del Sol and want to feel legally safe?
Get in touch with JMA Prime Estate and JMA Legal, and let's build a plan that covers both the property and the legal side from day one.