Frequently Asked Questions

This page answers the questions international buyers really ask about buying a new-build on the Costa del Sol, including the uncomfortable ones. Short, honest answers, no jargon, no spin. If your question is not here, just message us.

How we work

Is your service really free, or is there a catch? It is genuinely free to you. The developer pays our fee, and it is already built into their fixed price list. So you pay the same whether you come through us or go direct, and there is no catch and no hidden charge to you.

If the developer pays you, whose side are you really on? A fair question, and the honest answer is yours. Our fee is the same whether you buy or not, and it does not change the price you pay, so we are not chasing one particular sale. We are not tied to any single developer, your own independent lawyer (who pays us nothing) does the legal checks, and we only do well when you are genuinely happy. That is why we will tell you to walk away from the wrong home.

Then why use you instead of going straight to the developer? Because the price is identical either way, so going direct saves you nothing, and with us the whole job is handled for free. We search the entire market and shortlist the right homes, run your viewings in person or online, give you one honest advisor, vet the developer, and help you secure the right unit on the best terms. We point you to an independent lawyer who pays us nothing, plus a trusted mortgage broker and currency broker, and we guide you on residency. After you buy, we help with snagging, introduce interior designers, and through our own company manage your rental and look after the property while you are away. Go direct and you get none of that, and still pay the same price.

How do I know you are not just pushing whatever pays you most? We have access to the whole market, so we have no reason to favour one project. We point out the negatives, steer you away from developers we do not rate, and put it in writing. If an agent only ever praises everything, be careful.

How do I know you are legitimate and this is not a scam? You never pay us anything, your own independent lawyer verifies everything legally, and money only moves through proper, traceable channels. If you ever get a message about "changed bank details," stop and call us or your lawyer first.

Can I buy, and is now a safe time

Can foreigners still buy property in Spain? Yes. Both EU and non-EU citizens can buy freely, with no restrictions. You mainly need an NIE (foreigner ID number), a Spanish bank account, and a lawyer.

Is Spain really going to charge non-EU buyers a 100% tax? This made headlines, so here is the honest status: it is a proposal, not law. It has stalled in parliament and nothing has actually changed, and the proposal as drafted would have exempted new-build and off-plan purchases anyway. We will always tell you the current position honestly, but as things stand, foreign buyers remain welcome.

Do I have to live in Spain, or be a resident, to own a home? No. You can own a home in Spain as a non-resident and simply use it as a holiday or second home. Owning is completely separate from residency.

Do I need to be in Spain to buy? No. The whole purchase can be done remotely. Your lawyer can complete on your behalf with a power of attorney, and many buyers view online first.

Money, costs and mortgages

What extra costs are there on top of the price? On a new-build, budget about 12% to 14% on top. That is 10% IVA, about 1,2% AJD (stamp duty), notary and registry of roughly 1% to 2%, and the lawyer at about 1% including VAT.

Can I get a mortgage as a non-resident? Usually yes, typically 60% to 70% of the price, less if you earn in a currency the banks are wary of, such as the Czech crown. On a new-build the mortgage is arranged close to completion, but you can get a pre-approval early. We connect you with a trusted broker.

How do I move my money over without losing thousands? Use a currency broker, not your high-street bank. Banks hide a 1,5% to 3% margin in the rate, while a broker is closer to 0,4% to 1,0%, and a forward contract can lock today's rate for future staged payments.

The legal side and the risks

Do I need a Spanish lawyer, or can I use my own from home? You need an independent Spanish lawyer who knows Spanish law. You can bring your home-country lawyer to work alongside them, but in practice it usually adds little and slows things down. We recommend an independent lawyer who pays us zero commission, and you are free to use your own.

How is my money protected when I buy off-plan? By law, every payment before completion is covered by a bank guarantee (Ley 57/1968, reinforced by Ley 20/2015). If the developer fails, or misses the contract completion deadline, you get your money back, 100% plus interest.

What if the developer goes bust or runs late? Your payments are protected by that bank guarantee, so you recover them. Late delivery is common here and usually down to things outside the developer's control, so plan a buffer of a few months. A delay costs you time, not your money.

Could I inherit hidden debts with the property? In Spain, debts can follow the property, not the person. That is exactly why the lawyer checks the Land Registry and community accounts before you pay, so you never take on someone else's debt.

What about illegal or unlicensed builds? Your lawyer verifies every licence, including the Licence of First Occupation on a new-build, so you do not end up with a home you cannot legally live in or resell. We also steer you away from problem developments in the first place.

Should I worry about squatters (okupas)? Honestly, no, not in a gated new-build. Squatting is a problem for abandoned, rural, or isolated properties, not modern complexes with neighbours and security. An alarm makes it effectively impossible, and our property management keeps regular eyes on the home while you are away. In all our experience we have never once seen it happen to a client, so it is a far bigger fear than it is a real risk.

Residency and tax

Does buying property give me residency? No, and the Golden Visa was abolished on 3 April 2025. EU citizens simply register as residents. Non-EU citizens need a visa, such as the Non-Lucrative or Digital Nomad Visa, and are otherwise limited to 90 days in any 180.

Will I accidentally become a Spanish tax resident? You become tax-resident if you spend more than 183 days a year in Spain, or if Spain becomes your main centre of economic interest. A tax resident is taxed on worldwide income, and Spanish taxes are not light, so you do not want this unless you genuinely intend to live here.

What taxes do non-resident owners pay each year? The main ones are IBI (local property tax) and IRNR (a small non-resident tax on the home, filed on Modelo 210), plus your community fees. Your lawyer's tax team can handle the filings for you.

Selling later, getting your money out, and inheritance

Will I be able to sell again easily? In the prime Costa del Sol areas, yes. Demand is strong and currently outstrips supply, so well-chosen homes stay liquid. No one can promise prices only rise, which is why we steer you toward areas with real, lasting demand.

What tax do I pay when I sell? Capital gains tax for non-residents is 19% on the net profit, not the whole price. The buyer also withholds 3% of the price for the tax office as an advance, and if your real tax is lower you claim the difference back on Modelo 210.

Can I get my money back out of Spain afterwards? Yes. There is no block on taking your money home. You use a currency broker for the transfer, and your lawyer reclaims any overpaid 3% retention for you.

What happens to the property when I die? It passes to your heirs, who deal with Spanish inheritance tax. The good news is that in Andalucia, close family (spouse, children, parents) get almost total relief, around a 99% reduction, so for most families the bill is small. We strongly suggest making a Spanish will, which your lawyer can arrange, to keep it simple for your family.

Is it actually a good idea

Is the Costa del Sol a good investment, or is it a bubble? The current picture is strong: demand outstrips supply, new-builds are scarce, and prices have been rising. We will not pretend prices can only go up, but in the right location the fundamentals are genuinely solid. The honest rule is that location and price matter far more than the headline market.

Am I going to overpay because I am foreign? Not with us. Because we are independent, the price is the same as going direct, and we benchmark each home against similar ones nearby, so you do not pay a foreigner premium.

Can renting it out cover my costs? Often, yes. Gross rental yields on the coast typically run from about 5% to 10%, and many owners cover the costs of owning by renting out the summer. Our own company manages the whole rental for you.

Practical and after you buy

Which areas do you cover? The whole Costa del Sol, from Malaga in the east all the way to Sotogrande in the west, including Marbella, Estepona, Mijas, Fuengirola and more.

What languages do you speak? English, Czech and Polish for now, and we are adding more advisors as we grow.

Can you help after I buy? Yes. We help you snag the home before you sign, introduce you to interior designers, and through our own company manage your rental and look after the property while you are away. Your lawyer also sets up your utilities and insurance.

What if I find a property somewhere else? Send it to us before you do anything. We will give you our honest opinion and can usually represent you on it too. Just do not contact the developer directly first, because registering with them yourself means no independent advisor can then represent you.

Conclusion

Still have a question, even an awkward one? That is exactly what we are here for. Message your advisor at Spain Developments any time, even if you are only starting to think about buying.