Real estate lawyers in Malaga

Property lawyers in Estepona

Property lawyers in Estepona · Costa del Sol

Estepona has become one of the most active property markets on the Costa del Sol — and one of the most new-build heavy. As property lawyers in Estepona, we check the licences, the guarantees and the taxes before you commit, so your purchase is safe from the first payment to the deed.

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Buying in Estepona: what makes this market different

Estepona is not Marbella, and its property market does not behave like it. A large share of what is sold here is new build bought off-plan — from developments in the New Golden Mile to the town’s own expansion — which means most buyers are paying substantial amounts before the property exists. That changes the legal work completely: the risk is not only in the title, it is in the licences, the payment guarantees and the delivery.

The rest is what you would expect from a Costa del Sol purchase — checking charges at the Land Registry, the reference value for tax, the community and the arras contract — but with one extra layer that catches out buyers from abroad: the difference between a building licence and a first occupation licence. One lets the developer build; only the other lets you legally live there.

Off-plan

Your money, guaranteed

Every euro you pay before completion must be covered by a bank guarantee or insurance policy under Law 20/2015. We verify it exists — and that it covers what you have actually paid, VAT included.

Resale

Clean title, no surprises

Charges, debts, community arrears, tenants, planning status: the checks we run before the arras contract, not after. If something is wrong, you find out while you can still walk away.

Both

Taxes, done right

7% transfer tax on resale, or 10% VAT plus 1.2% stamp duty on a new build — filed on time, on the correct taxable base. See the full figures in our purchase cost calculator.

The checks our property lawyers in Estepona run before you buy

1

Land Registry and planning status in Estepona

Who owns it, what charges it carries and whether the property matches what is registered — plus its urban-planning situation. On resale homes with extensions or pools, this is where problems appear; a certificate of non-infringement settles it.

2

Estepona licences: the two that matter

Building licence for the development, and first occupation licence before you complete. Without the second, you cannot legally occupy the home or contract utilities in your name.

3

Guarantees on stage payments

For off-plan, the individual guarantee certificate in your name and the special account where your money must sit. We check it before each payment, not at the end — details in our guide to guarantees on off-plan purchases.

4

Contract and reservation

The developer’s or seller’s contract is written for them, not for you. We negotiate delivery dates, penalties and the get-out clauses — and review the arras contract before any deposit leaves your account.

5

Taxes and completion: what property lawyers in Estepona verify

Reference value check, tax filed within the legal deadline, deed signed at the notary — with power of attorney if you cannot travel — and the property registered in your name.

Working with property lawyers in Estepona from abroad

Most of our Estepona clients buy without living in Spain yet. The entire purchase can be handled remotely: we obtain your NIE number, act under a power of attorney if you cannot attend the signing, and keep you updated in your own language. Our office is in Fuengirola, half an hour up the coast — see our Fuengirola team — and we work across the whole province, from Marbella to Málaga city.

What property lawyers in Estepona check on the ground

Local knowledge is not a slogan here — it changes what has to be verified. Estepona’s own town hall grants the building and first occupation licences, and its planning department is where the status of a development is confirmed; you can consult the municipal urban-planning information at the Ayuntamiento de Estepona. Title, charges and debts are confirmed at the Land Registry that covers the property, and the deed is signed before a local notary. Knowing how each of them works — and how long each step really takes — is what keeps a completion date from slipping.

Property lawyers in Estepona: the legal checks for new-build and resale purchases
The checks we run before you commit — new build on the left, resale on the right.

The type of property matters too. Much of Estepona’s coastline is made up of large urbanisations with substantial communities: there, the community minutes and any approved special levy tell you more about your future costs than the sale brochure. Inland and towards the New Golden Mile you find villas on consolidated plots, where the questions are about boundaries, extensions and whether everything built is legally registered. And in a new development, what matters is the phase you are buying into and what the developer has already delivered elsewhere.

If you are buying to let, factor in the regional rules from day one: a holiday let needs to be entered in the Andalusian tourism register and to meet specific requirements, as we explain in our guide to the tourist rental licence in Andalusia. It is far cheaper to check that the property qualifies before you buy than to discover afterwards that your investment plan does not work.

Property lawyers in Estepona — frequently asked questions

Do I need a lawyer to buy a property in Estepona?
It is not legally compulsory, but no serious buyer skips it. The estate agent works for the seller and the notary checks the deed, not your interests: nobody else verifies charges, licences, planning status or the guarantees on an off-plan payment plan. An independent lawyer is the only party on your side of the table.
What are the total costs of buying in Estepona?
The same as anywhere in Andalusia: roughly 7.5%–9% on top of the price for a resale (7% transfer tax plus notary and registry) and around 12% for a new build (10% VAT plus 1.2% stamp duty). You can get your figure in seconds with our purchase cost calculator.
Is buying off-plan in Estepona safe?
It is, provided the legal protections are actually in place: a valid building licence, your stage payments covered by a bank guarantee or insurance under Law 20/2015, and a contract with real delivery dates and penalties. Those three checks are exactly what we do before you pay anything.
Can you handle everything if I live abroad?
Yes. We obtain your NIE, open the process remotely and, with a power of attorney, sign on your behalf at the notary. You receive every document and a written report at each stage, in your language.
Do you work with the estate agent or the developer?
We work for you, and only for you. We are happy to coordinate with agents and developers — it makes the transaction smoother — but we never take commissions from them, and our advice does not change depending on who introduced the property.

Thinking of buying in Estepona?

Send us the property or the development and we will tell you what to check before you pay anything — with a fixed written quote and no obligation.

Talk to our property lawyers in Estepona →