Miguel Manzanares: “Buying a property in Marbella without a lawyer is a serious mistake”
Carmen Duran - Mar 30, 2026 - Pure Living News
PURE TALKS: Miguel Manzanares. Buying a property in Marbella may seem, at first glance, like a straightforward process: you choose the property, agree on a price and sign. However, behind any real estate transaction there are numerous legal, urban planning and tax aspects that must be carefully reviewed, especially when dealing with international clients who are not fully familiar with the Spanish system.
To explore these topics in depth, Javier Nieto, CEO of Pure Living Properties, speaks with Miguel Manzanares, founder of Manzanares Abogados, a firm with over three decades of experience and a strong specialisation in real estate and tax law. Throughout the interview, Miguel Manzanares explains what makes buying in Marbella different from other countries, why having a lawyer remains essential, what legal risks may arise in a transaction, and which taxes both buyers and sellers need to consider.
With a clear, practical approach designed to answer the most common questions in the market, Miguel Manzanares also addresses topics such as due diligence, urban planning irregularities, the loss of deposits, taxation for residents and non-residents, and whether it is advisable—or not—to purchase in a personal name or through a company.
From a legal perspective, when an international buyer arrives in Marbella, what key differences do they encounter compared to other countries or markets where they may have purchased before?
The first thing to understand is that in Spain the notary does not play the same role as in other jurisdictions. In some countries, the notary is actively involved in reviewing the legal status of the property or protecting the buyer, but here their role is different.
The notary intervenes at the final stage, when the public deed is signed, the price is paid and ownership is transferred. They ensure that everything complies with the law, but they do not carry out the prior legal checks on the property.
For this reason, the buyer needs a lawyer to carry out that work beforehand. Without that analysis, the buyer is exposed to issues that are not visible and that may affect both the security of the purchase and the future value of the property.
Legal steps to buying a property
Once the client has chosen a property and agreed on the terms, what does the full legal process actually look like from reservation through to completion at the notary?
Once buyer and seller have agreed on the price, the process usually begins with a reservation to take the property off the market.
From that point, the due diligence process begins, which is the key stage where the entire legal situation of the property is reviewed. If the outcome is positive, a private contract is signed with a deposit, and afterwards the process moves to signing the public deed before a notary.
At that moment, the full price is paid, the keys are handed over and ownership is transferred. After that, there is still an administrative phase: registration, payment of taxes and the organisation of utilities and direct debits.
Before even signing a reservation, what checks do you consider essential for a buyer to move forward safely and avoid unnecessary risks?
The first is the Land Registry situation: verifying who the owner is, how the property is registered and whether there are any charges or encumbrances.
The second is the urban planning situation: confirming that the property has all the relevant licences, that it was built in accordance with regulations and that its legal status is stable.
The third is the community of owners: reviewing statutes, internal rules and any issues to understand how the community operates.
Urban planning issues in Marbella
After everything that has happened in Marbella in terms of urban planning, many buyers still have doubts. Do properties with urban planning issues or hidden charges still exist today?
Yes, they do. And it is important to understand that not all irregularities have the same level of seriousness.
There may be minor situations, such as elements pending regularisation, but also more complex cases that directly affect the ability to sell, obtain financing or even use the property normally.
That is why it is essential to analyse each property in detail and understand exactly what kind of urban planning situation it has before making a decision.
Real risks when buying according to Miguel Manzanares
From your experience, what would you say is the most common legal mistake that international buyers still make when arriving in Marbella?
The most common mistake is buying without legal advice. Although it may seem surprising, it still happens.
There are buyers who sign private contracts or even go directly to the notary without having carried out any prior review of the property. And that is when problems appear: hidden charges, urban planning issues or tax matters that were not detected.
When that happens, the buyer is already the owner and has to deal with the consequences.
One of the most common questions among buyers is what happens with the reservation: can a deposit be lost and in what situations does this happen?
Yes, it can be lost if the buyer decides not to proceed after the legal checks have been completed and everything is correct.
During the time the property is reserved, the seller stops showing it and may lose other opportunities. If the buyer withdraws without a legal reason, the deposit acts as compensation.
On the other hand, if a legal issue arises during the due diligence, the deposit is returned.
Without going into specific details, can you share an example where a legal review has avoided a significant issue for the buyer?
There are quite common situations that illustrate this well.
For example, tax liabilities from previous transactions that may affect the new owner, or cases where the seller has not paid the municipal capital gains tax and the buyer ends up being responsible.
These are issues that are not visible at first glance but can have a significant financial impact if not identified in advance.
Taxes when buying in Andalusia
When a buyer acquires a property in Marbella or in Andalusia, what taxes should they be aware of from the outset and what additional percentage should they consider on top of the purchase price?
It depends on whether it is a resale or a new property. In resale, the buyer pays a 7% Property Transfer Tax. In new property, 10% VAT plus 1.2% Stamp Duty is paid.
On top of that, there are notary, registry and legal fees. For many years, a 10% reference has been used as a general estimate, although today, in higher-value properties, this can be somewhat overestimated.
In the case of a property owner who decides to sell, what taxes should they take into account and what differences exist between residents and non-residents?
Yes, there are clear differences. A resident is taxed on capital gains using progressive rates. In contrast, a non-resident is taxed at a fixed rate: 19% if they are an EU citizen and 24% if they are non-EU.
In addition, the seller must pay the municipal capital gains tax.
Once the property has been acquired, what ongoing taxes or costs should an owner expect each year in Spain?
Mainly two. The IBI, which is an annual municipal tax, and the imputed income, which is a theoretical income that the tax authorities assign to the owner simply for owning the property, even if it is not rented.
It is something many international buyers are not aware of at the beginning and it is important to understand it properly.
If the owner decides to rent the property, whether short-term or long-term, how is that income taxed in Spain?
In that case, taxation is based on the real income.
Residents are taxed according to their income, while non-residents are taxed at 19% if they are EU citizens and 24% if they are not. The difference is that EU residents can deduct expenses, while non-EU residents generally cannot.
Preparing the property for sale according to Miguel Manzanares
From a legal point of view, what should a property owner have prepared before putting their home on the market to avoid delays or problems in the transaction?
Ideally, all the basic documentation should be prepared: Land Registry extract, first occupancy licence, community statutes, internal regulations and receipts for utilities and taxes. This facilitates the process and avoids unnecessary delays.
What kind of situations can end up blocking a transaction on the very day of signing at the notary if they have not been properly addressed beforehand?
Normally, problems that were not detected earlier: charges, urban planning issues or pending matters with the community or the administration.
That is why it is essential not to go straight to completion without having carried out a proper review beforehand.
In your experience, what aspects tend to surprise foreign sellers the most when selling a property in Spain?
In many cases, the structure of real estate commissions, especially when there is collaboration between agencies.
They are also often surprised that selling costs are lower compared to what they paid when buying.
Many clients ask whether it is better to buy in their personal name or through a company. Broadly speaking, what does this decision depend on?
It mainly depends on how the property is going to be used. When the property is intended for personal use, it usually makes more sense to buy as an individual. In more investment-oriented structures, a company may be considered, although it is not always more efficient. Each case requires a specific analysis.
If Miguel Manzanares had to give one clear warning to an international buyer considering purchasing in Marbella today, what would it be?
That they should not improvise and should not buy without legal advice.
And finally, in one sentence, what should every buyer hear before signing?
Every buyer should know that in a real estate transaction, what matters is not only what you see, but everything that needs to be reviewed before buying.
