Frequently Asked Questions — Buying Property in La Duquesa & Spain
Buying property in Spain as a foreign national is a straightforward process — but it is different from buying in the UK, Scandinavia, Germany, or the Netherlands, and understanding how it works will save you time, money, and stress. This page answers the most common questions we receive from buyers considering a property in La Duquesa and Puerto de la Duquesa on the Costa del Sol.
Whether you are a non-resident buying a holiday apartment, a retiree planning a permanent move to Spain, or an investor looking for rental income on the Costa del Sol — the information below covers everything you need to know. For individual legal advice, we always recommend speaking with an independent Spanish property lawyer. We can refer you to trusted local professionals if needed.
The Property Buying Process in Spain — Step by Step
Buying a property in La Duquesa typically takes between 6 and 12 weeks from offer to completion. Here is the complete process from finding your property to collecting the keys.
Find your property
Browse our current listings at duquesaproperties.com/properties and contact us to arrange a viewing — in person or by video call. We are locally based in Puerto de la Duquesa and available seven days a week. Take your time — viewing multiple properties before committing is always advisable.
Get your NIE number
Before you can buy property in Spain you must obtain a NIE (Número de Identificación de Extranjero) — your Spanish tax identification number. This is a legal requirement for all foreign property buyers. It can take several weeks to arrange, so start this process as early as possible. Your Spanish lawyer can apply on your behalf via Power of Attorney if you are not yet in Spain.
Instruct an independent lawyer
Appoint an independent Spanish property lawyer who acts exclusively in your interest — not the seller’s. Your lawyer will carry out full due diligence on the property, including checking the Nota Simple (Land Registry extract) to confirm ownership, check for outstanding debts, mortgages, or legal issues attached to the property, verify the property has a valid Energy Performance Certificate (EPC — Certificado de Eficiencia Energética), confirm the Licencia de Primera Ocupación (LPO — first occupancy licence) or Cédula de Habitabilidad (habitability certificate) are in place, and review all contracts before you sign anything. This step is not legally required in Spain but is universally recommended and essential for your protection.
Sign the reservation contract & pay deposit
Once you have agreed on a price, a reservation contract (contrato de reserva) is signed and a reservation deposit — typically €3,000 to €6,000 — is paid to take the property off the market. This is usually followed by a Private Purchase Contract — the Contrato de Arras (often called the Contrato de Arras Penitenciales) — where a further deposit of 10% of the purchase price is paid. Under Spanish law, if the buyer withdraws after signing the arras, the deposit is forfeited. If the seller withdraws, they must return double the deposit. Never sign a reservation contract or a Contrato de Arras or pay any deposit without your lawyer having reviewed the document first.
Open a Spanish bank account
A Spanish bank account is strongly recommended — and in practice essential — for completing a property purchase. You will need it to pay taxes, notary fees, community fees, and utilities. Most major Spanish banks will open accounts for non-residents. We can introduce you to our direct contact at Cajamar on the Costa del Sol to facilitate this.
Arrange financing (if required)
If you require a Spanish mortgage, this should be in place before the completion date. Spanish banks lend to non-residents, typically up to 60–70% of the property value. Allow 4–8 weeks for mortgage approval. We can connect you with our direct contact at Cajamar — a local Costa del Sol bank — who will assess your application personally at a senior level.
Sign the title deed at the notary
Completion takes place before a Spanish notary (notario). Both buyer and seller — or their legal representatives via Power of Attorney — sign the public deed of sale (escritura pública de compraventa). The balance of the purchase price is paid, typically by banker’s draft. The notary verifies identities, confirms the transaction is legally compliant, and witnesses the transfer of ownership. You do not need to attend in person if you have granted Power of Attorney to your lawyer.
Pay taxes & register the property
Within 30 days of signing the deed, the applicable taxes must be paid — Transfer Tax (ITP) at 7% for resale properties in Andalucía, or VAT plus Stamp Duty for new-build properties. The deed is then registered at the Registro de la Propiedad (Land Registry). Registration typically takes 2–4 weeks and is usually handled by your lawyer or a gestoria. Until registration is complete your ownership is not fully protected against third-party claims, so this step should not be delayed.
Transfer utilities & collect the keys
After registration, utilities (water, electricity, internet) are transferred to your name. Community fees are set up by direct debit from your Spanish bank account. Your lawyer will also notify the community administrator of the change of ownership. Congratulations — your La Duquesa property is officially yours.
The NIE Number — What It Is & How to Get It
What is a NIE?
The NIE (Número de Identificación de Extranjero) is a unique tax identification number assigned to foreign nationals in Spain. It is mandatory for any significant financial transaction in Spain — including buying property, opening a bank account, signing contracts, and paying taxes.
Without a NIE you cannot legally complete a property purchase in Spain. It must appear on all official documents including the final deed of sale (escritura).
How do I get one?
You can apply for a NIE at a Spanish Police station (Oficina de Extranjería) in Spain, or at a Spanish Consulate in your home country. The process requires a completed application form (EX-15), your passport, a document justifying the reason for your NIE (such as a property reservation contract), and payment of the official Modelo 790 fee — currently €9.84 in 2025.
Processing times vary from a few days to several weeks depending on location and season. The most practical solution for most buyers is to grant Power of Attorney to your Spanish lawyer, who can apply for your NIE on your behalf without you needing to be present in Spain.
Do I Need a Lawyer to Buy Property in Spain?
Having an independent Spanish property lawyer is not a legal requirement in Spain — but it is universally recommended and, for foreign buyers in particular, essentially essential. Here is why.
What Your Lawyer Does — and Why It Matters
In Spain, the notary is a neutral official who witnesses the transaction and ensures legal compliance — but the notary does not represent your interests and does not investigate the property’s legal history on your behalf. That is strictly your lawyer’s responsibility. Without an independent lawyer, you have no professional checking the property is free of debts, legal disputes, or planning issues before you commit your money.
How much does a lawyer cost?
Spanish property lawyers typically charge 1% to 1.5% of the purchase price, plus Spanish VAT (IVA) at 21% on the fee. On a €300,000 property this equates to approximately €3,000 to €4,500 in legal fees.
Some law firms offer fixed fees regardless of the property value — which can represent a significant saving on higher-value properties. Always agree the fee structure in writing before instructing a lawyer.
Can I use any lawyer?
Yes — you are free to use any qualified Spanish property lawyer. However, it is important that your lawyer is registered with a Spanish bar association (Colegio de Abogados) and that they act exclusively for you — not for the seller, the estate agent, or the developer.
For buyers in La Duquesa we strongly recommend using a lawyer with experience in Costa del Sol property transactions and fluency in your language. We can refer you to trusted independent lawyers in the area.
The Notary — Role, Costs & Questions Answered
What does a notary do in a Spanish property purchase?
The notary (notario) is a state-appointed legal official who formally witnesses the signing of the public deed of sale (escritura pública). The notary verifies the identities of both parties, confirms the transaction is legally compliant with Spanish law, checks that outstanding tax debts are not attached to the property, and ensures both parties understand and agree to the terms. The notary’s role is neutral — they represent neither buyer nor seller. This is fundamentally different from the role of a solicitor or conveyancer in the UK or other common-law countries, and is why having your own independent lawyer alongside the notary is so important.
Can I use any notary in Spain?
In theory, yes — any Spanish notary can handle a property transaction anywhere in Spain. In practice, the notary is usually based in or near the municipality where the property is located. In La Duquesa, the nearest notaries are typically in Manilva, Estepona, or San Roque. Your lawyer will usually recommend or coordinate with a local notary who is familiar with the local property market. There is no legal reason to use a specific notary, but local knowledge and proximity are practical advantages.
How much do notary fees cost?
Notary fees in Spain are regulated by law and calculated on a sliding scale based on the purchase price. For a property priced around €300,000, notary fees are typically approximately €1,000. The exact amount depends on the complexity of the deed, the number of pages, and any additional documents required. Notary fees are paid by the buyer and must be settled on the day of signing.
Do I need to attend the notary signing in person?
No. You can grant Power of Attorney (poder notarial) to your Spanish lawyer to sign the deed on your behalf at the notary. This is a common and entirely normal arrangement for foreign buyers who are not in Spain at the time of completion. If the Power of Attorney is granted outside Spain, it must be apostilled in accordance with the Hague Convention. Your lawyer will advise on the exact requirements for your country of residence.
Does the notary check if the property is free of debts?
The notary carries out a basic check at the Land Registry on the day of signing to confirm there are no registered charges or mortgages on the property. However, this is not a substitute for the thorough due diligence your independent lawyer should carry out in advance of signing. Your lawyer should have already obtained and reviewed the Nota Simple and confirmed the property is free of issues well before the completion date — not on the day itself.
Taxes & Purchase Costs in Andalucía
When buying property in La Duquesa you should budget approximately 10–13% on top of the purchase price to cover all taxes and purchase costs. Here is a full breakdown.
Transfer Tax (ITP)
Flat rate on all resale properties in Andalucía since 2021. Calculated on the higher of the declared purchase price or the tax authority’s reference value. Must be paid within 30 working days of signing.
VAT — New Builds
New-build properties are not subject to ITP. Instead buyers pay 10% VAT (IVA). New builds are sold directly by the developer — resale properties between private individuals always use ITP.
Stamp Duty (AJD)
Stamp Duty (Actos Jurídicos Documentados) applies to new-build purchases alongside VAT. Not applicable on resale properties subject to ITP. Total new-build tax cost: 11.2%.
Notary Fees
Regulated by law on a sliding scale. Typically around €1.000 for a property priced around €300.000. Paid on the day of signing at the notary.
Land Registry
Fees to register the property in your name at the Registro de la Propiedad. Properties with an attached garage or storage room may require multiple entries.
Legal Fees
Independent property lawyer fees. Typically 1–1.5% of the purchase price plus 21% VAT on the fee. On €300.000 approximately €3.000–€4.500. Some firms offer fixed fees.
NIE & Gestor
Official NIE fee is only €9.84 (Modelo 790), but most foreign buyers use a gestor or lawyer via Power of Attorney — typically €250–400 all-in. A modest cost for a process your lawyer can handle entirely on your behalf.
Bank Valuation
Required if purchasing with a Spanish mortgage. The bank commissions an independent property valuation (tasación) — cost is paid by the buyer and typically ranges from €300 to €600.
Resident vs Non-Resident — What Is the Difference?
Whether you are classified as a Spanish tax resident or non-resident affects your ongoing tax obligations, mortgage options, and certain legal rights. Here is a clear comparison.
Note: The 90-day Schengen rule is one of the most important practical considerations for British buyers post-Brexit. EU nationals (including Scandinavians, Germans, Dutch, and Belgians) have the right to remain in Spain without visa restrictions. If you are a British buyer planning to spend significant time in Spain, you may wish to explore residency options — including the Non-Lucrative Visa, which requires proof of sufficient income and does not permit working in Spain, or the Digital Nomad Visa for remote workers.
Spanish Mortgages for Foreign Buyers
Can I get a Spanish mortgage as a non-resident?
Yes. Spanish banks lend to non-resident foreign buyers. The main difference compared to resident buyers is the Loan-to-Value (LTV) ratio — non-residents are typically offered 60–70% of the property value, meaning you will need a deposit of 30–40% of the purchase price available in cash, in addition to the purchase costs of 10–13%. Your total cash requirement for a €300,000 property is therefore likely to be in the range of €120,000 to €150,000 depending on the mortgage terms offered. Use our free Spanish mortgage calculator to estimate your monthly payments.
Which Spanish banks offer mortgages to foreign buyers?
Most major Spanish banks offer non-resident mortgage products, including Banco Sabadell, CaixaBank, BBVA, and Unicaja. At Duquesa Properties we have a direct relationship with a senior director at Cajamar — a leading cooperative bank with a strong local presence on the Costa del Sol. We can make a direct introduction on your behalf at no cost and with no obligation. Simply contact us and we will connect you personally.
How long does a Spanish mortgage take to arrange?
Allow 4–8 weeks from application to mortgage approval. The bank will require full documentation including proof of income, bank statements, tax returns, employment contract, credit history from your home country, and a property valuation. Starting the mortgage process early — ideally before you have found a specific property — means you will know your budget and be in a much stronger negotiating position.
Do I need to be present in Spain to get a mortgage?
Spanish law requires that you personally meet with a notary prior to signing the mortgage deed to confirm you understand the terms — even if you subsequently grant Power of Attorney for the completion itself. This meeting can sometimes be arranged at a Spanish Consulate in your home country. Your lawyer and mortgage broker will advise on the specific requirements for your situation.
Ongoing Taxes & Obligations After Buying
Buying the property is just the beginning. As a foreign property owner in Spain you have annual tax obligations that must be met regardless of how much time you spend in the country.
What is IBI and how much is it?
IBI (Impuesto sobre Bienes Inmuebles) is the Spanish annual property tax — broadly equivalent to council tax in the UK. It is calculated by the local municipality based on the property’s cadastral value and is typically a modest amount for an apartment in La Duquesa. IBI is usually paid once or twice per year by direct debit. Failure to pay IBI can result in penalties and eventually a charge on the property.
What is Non-Resident Income Tax (IRNR)?
If you are a non-resident property owner in Spain, you must file an annual Non-Resident Income Tax declaration (IRNR — Modelo 210) even if your property is not rented out. The tax is calculated on a deemed rental income based on the property’s cadastral value — typically 1.1% of cadastral value (2% if not updated in the last 10 years). This deemed income is then taxed at 19% for EU/EEA residents or 24% for non-EU residents. For a typical La Duquesa apartment this usually amounts to a small annual tax. If you do rent the property, the actual rental income must be declared. EU and EEA residents pay 19% on net rental income (expenses deductible); non-EU residents are currently taxed at 24% on gross rental income, though a recent 2025 Spanish National Court ruling has allowed non-EU owners to claim expense deductions — an evolving area where professional tax advice is strongly recommended. We always recommend appointing a local gestor or fiscal representative to handle these filings on your behalf.
What are community fees and how much are they?
If your property is part of a residential development — as most apartments in La Duquesa are — you will pay monthly community fees (gastos de comunidad) to cover the maintenance of communal areas including gardens, swimming pool, security, and shared infrastructure. Fees vary significantly between developments. We provide full details of current community fees for all our listings — please ask when enquiring about a specific property.
Do I need to declare my Spanish property in my home country?
In most cases, yes. Most countries require residents to declare foreign property ownership and potentially foreign rental income. The rules vary significantly between countries — British, Scandinavian, German, Dutch, and Belgian buyers should all take advice from a tax professional in their home country before purchasing to understand the full picture. Spain has tax treaties with most European countries to avoid double taxation, but the interaction between Spanish and home-country taxes requires careful planning.
General FAQs — Buying Property in La Duquesa
Does buying property in Spain give me residency?
No. Buying property in Spain does not automatically grant residency rights. Spain’s Golden Visa programme — which previously offered residency to non-EU buyers investing €500,000 or more in property — was suspended in April 2025. If you wish to live in Spain, you will need to apply for an appropriate visa. The most common options for property buyers are the Non-Lucrative Visa (for retirees and those with sufficient passive income — requiring approximately €28,800 annual income for a single applicant) and the Digital Nomad Visa for remote workers earning income from outside Spain.
Can I buy property in Spain remotely without visiting?
Yes. It is entirely possible to purchase property in Spain without being physically present by granting Power of Attorney (poder notarial) to your Spanish lawyer, who can handle every step of the process on your behalf — including NIE application, contract signing, and completion at the notary. We strongly recommend visiting La Duquesa in person to view the property before committing to a purchase, but we understand this is not always possible and are experienced in supporting remote buyers from the UK, Scandinavia, Germany, the Netherlands, and Belgium.
What is a Nota Simple and why do I need one?
The Nota Simple is an extract from the Spanish Land Registry (Registro de la Propiedad) that confirms the registered owner of a property, its boundaries and area, and any charges, mortgages, liens, or legal restrictions attached to it. Your lawyer must obtain and review an up-to-date Nota Simple before you sign any purchase contract. It is the fundamental document for confirming the property is legally clear and can safely be purchased. The Nota Simple can be obtained online from the Land Registry for a small fee.
What is the Contrato de Arras and why is it important?
The Contrato de Arras (also called Contrato de Arras Penitenciales) is the Private Purchase Contract signed between buyer and seller before the final notary signing. It legally commits both parties to the sale and typically requires the buyer to pay a 10% deposit. Under Spanish law, if the buyer withdraws after signing the arras, the 10% deposit is forfeited to the seller. If the seller withdraws, they must return double the deposit to the buyer. This is the single most important contract in the Spanish purchase process before completion — it should never be signed without your lawyer having reviewed and negotiated the terms. The typical period between signing the Contrato de Arras and completion at the notary is 4 to 8 weeks.
What is an Energy Performance Certificate (EPC / Certificado de Eficiencia Energética)?
An Energy Performance Certificate (EPC), known in Spanish as the Certificado de Eficiencia Energética, is a mandatory document for any property sold in Spain. The EPC rates the property’s energy efficiency on a scale from A (most efficient) to G (least efficient) and must be provided by the seller before completion. The seller is responsible for obtaining and paying for the EPC, which typically costs €100–€300. A valid EPC is legally required to sell a property in Spain and must be registered with the Junta de Andalucía. Your lawyer will verify the EPC is in place as part of their due diligence.
What is the Licencia de Primera Ocupación (LPO) and Cédula de Habitabilidad?
The Licencia de Primera Ocupación (LPO) is the first occupancy licence issued by the local town hall (Ayuntamiento) when a new property is built, confirming it has been constructed according to the approved plans and meets the minimum requirements for habitation. The Cédula de Habitabilidad is the equivalent habitability certificate that confirms the property meets minimum standards for residential use, including safety, ventilation, and sanitation. In Andalucía, both documents serve the same broad purpose — to confirm the property is legally habitable. These documents are essential for connecting utilities, obtaining a VFT tourist rental licence, and reselling the property in the future. Your lawyer will confirm the LPO and/or Cédula de Habitabilidad are in place as part of the due diligence process — buying a property without these documents can create serious legal and practical problems later on.
Both buyer and seller have their own lawyer — is that normal?
Yes, absolutely. In a Spanish property transaction it is entirely standard — and strongly recommended — for both the buyer and the seller to have their own independent lawyers acting exclusively for their respective client. Your lawyer’s only responsibility is to protect your interests. The seller’s lawyer protects the seller’s interests. The notary is neutral. This structure ensures both parties are properly represented and that the transaction is legally sound for everyone involved.
How long does it take to buy a property in La Duquesa?
A typical property purchase in La Duquesa takes between 6 and 12 weeks from offer agreed to keys collected. Cash purchases can sometimes complete faster — in 4 to 6 weeks. Mortgage purchases typically take longer due to the bank’s valuation and approval process. The timeline also depends on the speed of your NIE application and the availability of both parties’ lawyers and the notary.
Can I rent out my property in La Duquesa as a holiday let?
Important update — December 2025: Manilva Council (the municipality covering Puerto de la Duquesa) has approved a three-year suspension on issuing new tourist rental licences (VFT) in so-called “tense” coastal and urban areas. This suspension came into force in December 2025 and is intended to protect long-term residential housing. Currently, new tourist licences continue to be permitted only in Manilva Pueblo (the hilltop village), and a similar restriction is also being considered for San Luis de Sabinillas.
For buyers, this has significant implications. If a La Duquesa property already has an active VFT licence registered with the Registro de Turismo de Andalucía (RTA), the licence transfers with the property when you buy — this is known as carácter real in Spanish law, meaning the licence is attached to the unit, not the owner. If the property does not already have a licence, you will not currently be able to obtain one under the new moratorium for the next three years.
Additionally, since April 2025, Spain’s reformed Horizontal Property Law allows residential communities (Comunidad de Propietarios) to vote by a 3/5 majority to prohibit new tourist rentals in their building — a further layer of restriction that applies nationwide. Existing licences remain valid.
When considering a property in La Duquesa for holiday rental use, it is essential to verify whether the property already has an active VFT licence and whether the community permits tourist rentals. We make this clear for every listing, and your lawyer will verify the licence status as part of their due diligence. Long-term rentals (over 31 days) and seasonal rentals to non-tourists remain unaffected by these rules. If you are a seller with an active VFT licence, this is a major selling point — find out how to list your property with us.
Where can I browse current properties for sale in La Duquesa?
You can view all our current listings at duquesaproperties.com/properties, or explore them visually on our interactive La Duquesa property map. Each listing includes full details, photographs, and pricing. Contact us directly to arrange a viewing or to ask any questions — we are locally based in Puerto de la Duquesa and available seven days a week.
Need an Independent Spanish Property Lawyer?
We recommend Legalio — specialist English-speaking property lawyers for the Costa del Sol
At Duquesa Properties we always recommend that buyers use an independent Spanish property lawyer throughout the purchase process. Legalio are specialist property lawyers covering the Costa del Sol area, offering English-language service and full support from NIE application through to Land Registry registration. Their team is experienced in working with international buyers from the UK, Scandinavia, Germany, the Netherlands, and Belgium.
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