Investing in Marbella Property in 2026: A Legal Checklist to Protect Your Investment
Marbella attracts investors from all over the world, from buyers of a single apartment to rent out to family offices developing luxury villas. The returns can be excellent, but so can the risks: properties with planning problems, off-plan developments that are never finished, tax surprises when renting or selling, and structures that do not fit the investor’s situation. This checklist focuses on what an investor should check before putting money into a Marbella property in 2026. If you are buying a home to live in, see our step-by-step guide to the legal steps of buying property in Spain.
1. Define the investment before choosing the property
The right legal checks depend on the strategy: long-term rental, holiday rental, renovation and resale, or new development. A property that is perfect for resale may be impossible to rent to tourists, and a plot that looks cheap may not be buildable. Defining the plan first lets your lawyer focus the due diligence on the risks that actually affect your return.
2. Urban planning: the key risk in Marbella
Marbella has a complex planning history. The 2010 general urban plan was annulled by the courts in 2015, and the town has since operated with the older 1986 plan and successive adaptations, while a new plan is prepared. In practice this means some properties, extensions or pools do not match what the planning rules allow. Before investing, check:
- The urban classification of the land and what can be built or used.
- That the property has its licence or certificate of occupation.
- That the built area in the Land Registry, the Catastro and reality match.
- Whether there are open planning infringement or demolition proceedings.
Our urban planning lawyers in Marbella carry out these checks with the town hall and the registries before you sign.
3. Off-plan purchases: protect every payment
Buying off-plan is common in Marbella, Estepona and Benahavís. Spanish law requires developers to guarantee the payments made by buyers before completion with a bank guarantee or insurance policy, and to receive them in a special account. Never pay a deposit to a developer without the individual guarantee in your name. Also review the building licence, the delivery date, penalties for delays and the specifications attached to the contract.
4. Personal name or company?
| Buying in your own name | Buying through a company | |
|---|---|---|
| Best for | One or a few properties, personal use or simple rentals | Several properties, development projects, joint ventures |
| Taxes on income | Personal or non-resident income tax | Corporate income tax, plus tax on dividends |
| Running costs | Low | Accounting, filings and company maintenance |
| Exit | Sale of the property | Sale of the property or of the company shares |
There is no universal answer. The structure should be decided before signing, together with tax advice in your country of residence. Our corporate lawyers can set up and manage Spanish companies for property investment.
5. Know the taxes during the life of the investment
- Buying: 7% transfer tax for resale properties in Andalusia, or 10% VAT plus 1.2% stamp duty for new builds.
- Owning: annual property tax (IBI) and, for non-residents, imputed income tax when the property is not rented.
- Renting: non-residents pay 19% on net income if resident in the EU or EEA, and 24% on gross income otherwise.
- Selling: non-residents pay 19% capital gains tax, and the buyer must withhold 3% of the price on account. The plusvalía municipal is also due.
More detail in our guide to property tax in Spain for Marbella owners and on our tax efficiency planning page.
6. Rental plans: check them before you buy
If the investment depends on holiday rentals, confirm that the property can be registered as a tourist dwelling and that the community of owners allows it: since April 2025 a new tourist rental generally needs the approval of three fifths of the owners. Read our guide to holiday rentals in Marbella for the 2026 rules.
7. Residency is no longer linked to buying property
Spain abolished the property-based Golden Visa in April 2025, so buying real estate no longer gives access to that residence permit. Investors who want to live in Spain should look at other routes, such as the non-lucrative visa or the digital nomad visa. See our residency and visa services.
8. Financing and exit strategy
Spanish banks lend to non-residents, but usually with a lower loan-to-value than for residents and with full documentation of income. Have your financing approved before committing to a deposit, and agree from the start how and when you plan to exit: resale, refinancing or sale of the company.
Investor checklist
- Investment strategy and budget defined, including taxes and costs.
- Planning status, licences and registry checks completed.
- Debts, charges, community fees and IBI verified.
- For off-plan: building licence and individual payment guarantees.
- Ownership structure decided (personal or company).
- Rental use confirmed with the planning rules and the community.
- Financing approved.
- Contracts reviewed by an independent lawyer before any payment.
Frequently asked questions
Is it safe to buy off-plan in Marbella?
It can be, provided the developer has a building licence and gives you an individual bank guarantee or insurance for every payment before completion, as Spanish law requires.
Should I buy a Marbella investment property through a company?
It depends on the number of properties, the type of investment and your tax residence. Companies make sense for portfolios and developments; for one property, buying in your own name is often simpler.
Does buying property in Marbella still give a Golden Visa?
No. The property-based Golden Visa was abolished in April 2025.
What taxes do non-residents pay when selling?
19% capital gains tax, with a 3% withholding by the buyer on account, plus the plusvalía municipal.
Protect your investment in Marbella
Our team supports international investors in real estate investment projects in Marbella, from the first due diligence to the structure, the contracts and the exit. Contact us before you sign.
This article is general information and does not replace legal advice for your specific situation. Last updated: October 2026.