Comprendre l'immobilier en Espagne
Spain property for foreign buyers:
Benahavís and Costa del Sol, ITP acquisition costs,
VFT rental licences, the Golden Visa end, and what freehold title actually requires.
Spain is one of Europe's most transparent and well-governed property markets for foreign buyers. Ownership is freehold, title transfers through a notarially witnessed public deed (Escritura Pública), and rights are registered and publicly searchable through the Land Registry. For the Costa del Sol — and Benahavís specifically — Spain combines a proven legal framework with one of southern Europe's most consistently demanded luxury and lifestyle property markets. The key numbers every buyer must model are the acquisition taxes: 7% ITP (Impuesto de Transmisiones Patrimoniales) on resale property in Andalucía, or 10% IVA + 1.2% AJD for new builds, bringing total acquisition costs to approximately 9–12% before notary, legal, and agency fees.
Spain's Golden Visa — the residency-by-investment route available to €500,000+ property buyers — was announced for abolition in 2024. Buyers should not acquire Spanish property with residency by investment as a primary motivation without first confirming the current legal status of the programme with a Spanish immigration lawyer, as the framework is in active transition. Alternative residency routes (Non-Lucrative Visa, Digital Nomad Visa) remain available and do not require property purchase as a condition. Short-term tourist rental requires a VFT licence in Andalucía, and some communities ban it entirely via community statutes — confirm before purchase.
Spain rewards buyers who model acquisition taxes honestly, obtain VFT licence clarity before committing to a rental strategy, and choose a location whose year-round livability supports both personal use and future resale.
flat rate since 2021 (was progressive up to 10%)
Andalucía; different from resale ITP rate
holiday let after management and vacancy
3% retention applied at point of sale
Spain operates a civil law system — ownership is defined by the public deed (Escritura Pública), registered in the Land Registry, and protected through that registration
Real estate ownership in Spain is freehold. Foreign buyers acquire the same full ownership rights as Spanish nationals — the right to occupy, lease, transfer, modify, mortgage, or sell the property, subject to applicable planning, tax, and community regulations. There is no leasehold or time-limited right structure for standard residential acquisition in Spain.
The ownership transfer is formalised through the Escritura Pública — a public deed executed before a Spanish notary. The notary is an independent public official who verifies identity, confirms legal capacity, checks the formal requirements of the transaction, and authorises the deed. The notary is not the buyer's personal legal advisor. The buyer should always retain independent Spanish legal representation to review title, debts, planning status, community obligations, rental licensing, and tax exposure before completion.
Registration of the Escritura with the Land Registry (Registro de la Propiedad) provides public-record protection against third-party claims and officially records the ownership, mortgage status, and any other burdens on the property. A buyer who completes a Spanish property purchase and registers the deed holds one of the most legally secure property titles in Europe.
- NIE number: Número de Identificación de Extranjero — required for all tax, notary, banking, and registry steps. Arrange early to avoid delays.
- Nota Simple: Land Registry extract confirming registered owner, description, mortgage status, charges, and encumbrances — obtain for the specific property before signing anything.
- Catastro check: confirm the cadastral record matches the Land Registry description and physical reality — discrepancies in area or boundaries should be resolved before completion.
- Community debts: request a certificate from the community administrator confirming no outstanding community fee arrears — the buyer can inherit these on acquisition.
- IBI arrears: confirm no outstanding IBI (council tax) arrears on the property — unpaid IBI can become the new owner's liability.
- Planning and habitability: confirm building licence, first occupancy licence (licencia de primera ocupación or cedula de habitabilidad), and planning compliance — especially critical for any renovation or addition that may lack formal approval.
- Rental licence status: if rental income is part of the investment rationale, confirm VFT licence eligibility and community statute position before purchase.
- Contrato de Arras: review the private purchase contract carefully — the type of arras (penitenciales, confirmatorias, penales) determines remedies if either party withdraws. Do not sign without legal review.
Benahavís, Marbella, Puerto Banús, Nueva Andalucía, and La Zagaleta — each serves a different buyer profile and holding thesis on Spain's most consistently demanded luxury coast
The Costa del Sol is not a single market. Price per square metre, rental demand, buyer profile, community standards, and resale liquidity vary significantly between districts — and within districts between individual developments and elevations.
Benahavís
Benahavís is the municipality forming the western apex of the triangle between Marbella, Estepona, and Ronda — and one of Spain's wealthiest municipalities by per capita income. It hosts some of the Costa del Sol's most prestigious gated developments including La Zagaleta (Europe's most exclusive private residential estate — double-gated, approximately 900 hectares, no through roads, private golf, helipad facilities, villa prices from €5M to €30M+), El Madroñal (elevated hillside estate with panoramic views), Marbella Club Golf Resortet Monte Mayor. Benahavís has more golf courses per municipality than anywhere in Spain. It is primarily a luxury villa and villa-complex market; rental demand is strong in peak season but highly seasonal.
Marbella and Golden Mile
Marbella is the historic heart of the Costa del Sol luxury market — one of the world's longest-established second-home destinations for European, Middle Eastern, and international buyers. The Golden Mile (Milla de Oro) runs from central Marbella west to Puerto Banús — the most prestigious address corridor on the coast, anchored by the Hotel Marbella Club and Puente Romano resorts. Sierra Blanca on the hillside above Marbella is one of the most exclusive gated areas on the coast — panoramic sea views, 24-hour security, villa and apartment product. Marbella's established international buyer pool and deep secondary market make it the most liquid part of the Costa del Sol for resale.
Puerto Banús and Nueva Andalucía
Puerto Banús is Spain's most internationally famous marina — a concentration of luxury retail, yachts, and branded hospitality immediately west of Marbella. Apartments and penthouses fronting or near the marina command a significant premium and have the strongest short-term rental demand on the coast — but VFT licence availability and community restrictions must be confirmed for any specific building. Nueva Andalucía (the Golf Valley) lies immediately behind Puerto Banús — a more residential, lower-density area with a concentration of golf courses and villa communities, typically offering better value per square metre than Marbella or Puerto Banús while maintaining strong demand from European lifestyle buyers.
Estepona and the New Golden Mile
Estepona — west of Marbella and bordering Benahavís municipality — has become the Costa del Sol's fastest-growing luxury destination over the past decade. New build supply from leading Spanish developers (Nvoga, Taylor Wimpey España, Masa International) has been concentrated here, offering competitive entry prices relative to Marbella with improving infrastructure, a refurbished Old Town, and strong demand from Northern European lifestyle buyers. The stretch known as the New Golden Mile (Guadalmina to Estepona) offers beachfront and golf-adjacent supply at prices below comparable Marbella product. Estepona is well-suited to buyers seeking new-build quality with lower entry than the established Marbella core.
- ITP (resale property in Andalucía): 7% of purchase price — flat rate since Andalucía's 2021 reform (previously progressive up to 10%). Paid by buyer to the Junta de Andalucía within 30 days of completion.
- New build — IVA: 10% VAT on the purchase price — paid to the developer at completion. Applies to first-transfer properties from a developer.
- New build — AJD: 1.2% Actos Jurídicos Documentados (stamp duty) in Andalucía — in addition to IVA. Total new build acquisition tax: approximately 11.2%.
- Notary fees: approximately €800–€2,500 depending on purchase price — notary scale-based.
- Land Registry fees: approximately €400–€1,500 depending on value — scale-based.
- Legal fees: typically 1% of purchase price — for buyer-side independent solicitor (essential; do not rely on seller's or developer's lawyer).
- Agency fees: typically 5% (paid by seller in Spain — but confirm per transaction as some developer sales include buyer-side elements).
- Total acquisition cost estimate: resale approximately 9–11% above purchase price; new build approximately 12–14% — budget accordingly before negotiating the price.
- Mortgage costs (if applicable): bank valuation fee, arrangement fee, mortgage AJD (partially reformed post-2019 law — bank pays AJD, not buyer). Confirm current terms with a Spanish mortgage broker.
7% ITP on resale in Andalucía, 10% IVA + 1.2% AJD on new build — model the full 9–14% acquisition cost before negotiating the purchase price
Spain's acquisition tax structure is meaningful and non-negotiable — it must be front-loaded into every budget model before any discussion of price or yield. In Andalucía (covering the entire Costa del Sol including Marbella, Benahavís, Estepona, and Fuengirola), resale property attracts a flat 7% ITP — the most buyer-friendly rate in Spain for many years following the 2021 reduction from a progressive scale that reached 10%.
New build property is taxed under a different structure: 10% IVA (VAT) plus 1.2% AJD (Actos Jurídicos Documentados / stamp duty). For a €1,000,000 new build apartment, this means €112,000 in taxes before notary, legal, and registry fees. Add notary, registry, and legal, and the total acquisition cost runs approximately 12–14% above the purchase price.
Annual ownership costs in Spain are comparatively modest: IBI (the municipal property tax, typically €1,000–€6,000 per year for luxury Costa del Sol property depending on the catastral value) and community fees (gastos de comunidad) for shared facilities. Non-resident owners who are not renting the property pay a small imputed income tax — typically a fraction of a percent of the catastral value. Andalucía effectively eliminates the regional wealth tax for most buyers through a 100% bonus — confirm current status with a Spanish tax advisor as regional rates are subject to change.
Spain's €500,000 property Golden Visa was announced for abolition in 2024 — do not structure a Spain acquisition around residency by investment without confirming current programme status
Spain's Golden Visa programme — which allowed non-EU buyers purchasing €500,000+ in Spanish real estate to obtain a residence permit — was announced for abolition by the Spanish government in April 2024. The stated rationale was housing affordability concerns, particularly in high-demand markets including Barcelona and Madrid and, to a lesser extent, the Costa del Sol.
The abolition process has been moving through the Spanish legislative framework. Buyers who acquired under the Golden Visa before abolition were expected to be protected, but new applications under the property investment route are being phased out. Confirm the current legal status of the Spanish Golden Visa property route with a Spanish immigration lawyer before structuring any purchase decision around this residency pathway.
Importantly, Spain has multiple other residency routes that do not require property purchase as a condition. The Non-Lucrative Visa requires proof of sufficient income or savings to live in Spain without working — approximately €2,400/month (with increments for dependents) — and is renewable. The Digital Nomad Visa (introduced 2023) allows remote workers employed by non-Spanish companies to live in Spain. Neither route is contingent on property ownership, though buyers may of course combine property purchase with visa applications.
- Golden Visa (property route): €500,000 minimum investment — announced for abolition in 2024. Do NOT assume this route is available without confirming current legal status with a Spanish immigration lawyer at time of application.
- Non-Lucrative Visa: no minimum property purchase required. Requires proof of passive income or savings — approximately €2,400/month (+€600/month per dependent). Renewable and path to permanent residency. Suitable for retirees and those with investment income.
- Digital Nomad Visa: introduced 2023. For remote workers employed by a non-Spanish company. Minimum income approximately €2,700/month. 3-year initial term, renewable. Does not require property ownership.
- EU citizens: EU nationals have the right of free movement and residence in Spain without a visa — registration with the Registro Central de Extranjeros after 3 months.
- Property ownership does not grant residency: owning Spanish property does not itself confer any right to reside in Spain for non-EU nationals — a separate residency application through the appropriate route is required.
- Tax residency: spending more than 183 days per year in Spain triggers Spanish tax residency — with significant implications for worldwide income taxation. Confirm with a Spanish tax advisor before planning extended stays.
Net yields of 3–5% are realistic for licensed Costa del Sol holiday let — after management, seasonal vacancy, and costs. The VFT licence is non-negotiable and some communities ban it entirely
The Costa del Sol is Spain's most established short-stay rental market outside Barcelona. Demand from Northern European, Middle Eastern, and international holidaymakers is deep and consistent — the region has over 320 days of sunshine per year and is the dominant European luxury holiday destination for buyers from the UK, Scandinavia, the Gulf, and southern Africa.
Gross yields on well-positioned Costa del Sol holiday lets run 5–8% in peak season (July–August being the strongest weeks). However, the seasonality is meaningful: peak July/August, good shoulder March–May and September–October, and typically weak November–February outside the Christmas period. On an annualised basis, well-managed holiday lets in Marbella, Benahavís, and Puerto Banús area generate gross yields of approximately 5–7%. After management fees (typically 20–25% for short-let management), platform fees, maintenance, cleaning, insurance, community fees, and seasonal vacancy, net yields run approximately 3–5%.
The critical constraint before modelling any rental income is the VFT licence (Vivienda con Fines Turísticos) — Andalucía's mandatory tourist rental licence. VFT requires: a valid first occupancy licence; minimum energy performance standards; minimum furnishing and equipment standards; registration with the Junta de Andalucía; and the property must not be in a community that has prohibited tourist rental in its statutes. Checking community statutes for tourist rental prohibition is essential before purchasing any property with a rental income thesis.
- Gross annual yield for licensed Costa del Sol holiday let: 5–7% for well-positioned Marbella/Puerto Banús/Benahavís properties.
- Net yield after management (20–25%), platform fees, maintenance, cleaning, and seasonal vacancy: 3–5% realistic.
- VFT licence is mandatory for all tourist rental in Andalucía — confirm eligibility for the specific property before purchase. Without a VFT licence, short-let rental is illegal and subject to fines.
- Community statutes: many Marbella and Costa del Sol communities have voted to prohibit VFT rental — check community statutes before purchase, not after.
- Seasonality: July–August are peak weeks; March–May and September–October are good shoulder; November–February is typically quiet outside Christmas. Model on realistic annual occupancy of 18–22 weeks for luxury villas.
- Non-resident rental income tax: EU citizens pay 19% on net rental income declared in Spain; non-EU citizens pay 24%. Obtain a Spanish gestor or tax advisor for annual filings.
- Long-let alternative: annual long-let to a residential tenant avoids VFT licensing but requires a different management structure and typically delivers lower gross yield than well-managed holiday let in peak season.
Non-resident sellers pay 19% CGT and the buyer retains 3% of the purchase price at completion — understand this before modelling exit
When a non-resident sells Spanish property, the capital gain (selling price minus acquisition cost including taxes and documented improvements) is subject to Spanish Capital Gains Tax at 19% — the same rate that applies to EU residents following the 2015 European Court of Justice ruling that equalised rates for EU and non-EU residents.
The mechanism is important: the buyer of a property from a non-resident is required by Spanish law to retain 3% of the agreed purchase price and pay it directly to the Spanish tax authority (Hacienda) within 30 days of completion. This 3% retention is a withholding against the seller's CGT liability. If the actual CGT owed is less than the 3% retained, the seller can claim a refund from Hacienda. If the CGT exceeds 3%, the seller must pay the balance.
For sellers who have owned the property for many years with significant appreciation — common in the Benahavís and Marbella luxury market — the 19% CGT and 3% retention mechanism are meaningful figures in the exit calculation. Include them in any long-term financial model. A Spanish tax advisor should be engaged well before the sale to assess the liability and structure documentation of all acquisition costs, improvement expenditure, and allowable deductions.
- Impôt sur les plus-values : 19% on the net gain (selling price minus acquisition cost including taxes and improvements minus allowable deductions). Same rate for EU and non-EU residents since 2015.
- 3% buyer retention: the buyer withholds 3% of the purchase price at completion and pays it to Hacienda as a CGT advance. Seller must file within 4 months to claim refund if 3% exceeds actual liability.
- Plusvalía Municipal: a municipal capital gains tax on the increase in catastral (land) value levied by the local town hall (Ayuntamiento). Typically a seller cost. Beware — some sellers attempt to pass it to the buyer; confirm in the contract who pays.
- Agency fees: typically 5% of sale price, paid by seller in Spain. Confirm with the selling agent before listing.
- Legal fees for sale: typically €1,500–€3,000 for seller-side legal representation at completion.
- Energy performance certificate: sellers must provide a valid EPC (Certificado de Eficiencia Energética) — ensure this is current and in order before listing.
- Tax advice before listing: engage a Spanish tax advisor (gestor or asesor fiscal) before listing to calculate the liability, identify deductible costs, and confirm the 3% retention position.
New build in Estepona, Benahavís, and East Marbella is one of Spain's most active luxury development corridors — 10% IVA applies, and the SPA must be reviewed before any stage payment
The Costa del Sol new build market is extensive — Spain has a well-established and relatively well-regulated residential development sector. Off-plan purchases are common and widely practised. The buyer typically pays a reservation fee (usually €6,000–€15,000), then a private contract stage payment (typically 20–30% plus IVA), with the balance paid at notarial completion.
Key protections for off-plan buyers under Spanish law include: stage payments must be held in a bank guarantee or insurance policy (seguros de caución) — required under Ley 57/1968 — so that buyers can recover deposits if the developer does not complete. Confirm this guarantee exists and covers your full stage payment before funds are transferred. Never pay a stage payment without a corresponding bank guarantee in place.
Review the private purchase contract (contrato privado de compraventa) in full before signing — not just the reservation. Key elements are: unit area (built and useful), parking and storage entitlement, specification and finishes, community rules, estimated completion date, delay remedies, and what variations the developer can make unilaterally. Use independent Spanish legal representation — not the developer's in-house solicitor — for this review.
- Historique du développeur : review comparable completed projects, delivery timelines, specification adherence, and community handover quality.
- Bank guarantee (aval bancario): all stage payments before completion must be covered by a bank guarantee or insurance policy — obtain this document for every payment, not just the first.
- SPA reviewed before signing: unit area (built vs usable), parking and storage in the deeds, specification, inclusions, community rules, completion date, delay provisions, and any developer variation rights.
- Licences at completion: confirm the developer will deliver a valid first occupancy licence (licencia de primera ocupación) at handover — without this, the property cannot be connected to utilities or used as a primary residence.
- IVA timing: IVA is paid at completion on new build — ensure 10% IVA plus 1.2% AJD is fully reserved before completion date.
- Community fees from handover: confirm the community budget and monthly fee for the specific development — new build communities often have preliminary budgets that rise once the development is fully occupied and facilities are handed over.
- Snagging: arrange an independent snagging survey at handover before signing the completion certificate — document all defects in writing to the developer with photos on handover day.
Model 7% ITP (resale) or 10% IVA + 1.2% AJD (new build) before negotiating the purchase price. It changes the real cost of every property you are comparing.
Tourist rental in Andalucía requires a VFT licence. Community statutes can prohibit it. Confirm both before purchasing with a rental income thesis.
Spain's property Golden Visa was announced for abolition in 2024. Confirm current status with a Spanish immigration lawyer before structuring a purchase around residency.
The objective is not simply to own a beautiful Costa del Sol property. It is to hold freehold title, in a location with proven demand, under a legal framework where the acquisition taxes, annual costs, rental licensing position, and eventual CGT have all been modelled — before the reservation is signed.
Discuter avec un conseillerSpain property buyer checklist for foreign investors
- NIE obtained or in process: Número de Identificación de Extranjero arranged early — required for notary, tax, banking, and Land Registry steps.
- Nota Simple obtained: Land Registry extract confirming registered owner, description, mortgage status, charges, and encumbrances — for the specific property before any payment.
- Community debts and IBI arrears: certificate from community administrator confirming no outstanding community fee arrears; IBI payments confirmed current.
- Planning and occupancy licence: building licence, first occupancy licence (or cedula de habitabilidad), and planning compliance confirmed — especially critical for older properties and any extensions or renovations.
- Contrato de Arras reviewed: type of arras confirmed; deposit consequences, completion timeline, included items, and remedies reviewed by independent Spanish solicitor before signing.
- Acquisition taxes modelled: 7% ITP (resale Andalucía) or 10% IVA + 1.2% AJD (new build) — plus notary, registry, legal — modelled into total budget before negotiating price.
- VFT licence position confirmed: if rental income is part of the strategy — VFT eligibility, community statutes, and Junta de Andalucía registration process confirmed before purchase, not after.
- Rental yield modelled honestly: gross 5–7% for well-managed licensed holiday let; net 3–5% after management (20–25%), seasonal vacancy (typically 18–22 occupied weeks per year for luxury villas), platform fees, and maintenance.
- Golden Visa status confirmed: if residency is part of the motivation — confirm current legal status of the Spanish property Golden Visa route with a Spanish immigration lawyer before proceeding.
- Exit and CGT modelled: 19% CGT on net gain; 3% buyer retention mechanism; plusvalía municipal; and agency fees (5%) — all confirmed and modelled before committing.
- Tax residency risk assessed: if planning extended stays — confirm days-in-Spain calculation and Spanish tax residency implications with a Spanish tax advisor before purchase.
Review live Benahavís and Costa del Sol opportunities through the same lens
Current availability — title confirmed, ITP cost modelled, VFT licence position assessed, community statutes checked, Benahavís and Marbella district maturity evaluated, rental yield reality-checked, and exit conditions reviewed.
Investir en EspagneSpain advisory — acquisition costs and VFT first, listings second.
Tropical Riviera Realty advises international buyers across Spain (Costa del Sol, Benahavís, Marbella), Dubai, Abu Dhabi, Ras Al Khaimah, Qatar, Saudi Arabia, Oman, Mauritius, Tanzania, and Bali. We are independently owned, bilingual (French and English), and not tied to any single Costa del Sol developer or project.
For Spain specifically, we work through acquisition tax calculation (ITP 7% resale vs. IVA 10% + AJD 1.2% new build), NIE process guidance, independent Spanish legal advisor coordination, Nota Simple and title review, community debt and planning compliance checks, VFT licence eligibility assessment, community statute review for rental restrictions, Benahavís and Marbella district assessment (La Zagaleta, El Madroñal, Golden Mile, Sierra Blanca, Puerto Banús, Nueva Andalucía, Estepona), new build bank guarantee verification, Contrato de Arras review, Golden Visa status and alternative residency routes, and rental yield reality-checking on seasonal Costa del Sol occupancy data. As members of the Association Nationale des REALTORS® (NAR) et Spécialistes internationaux certifiés en immobilier (CIPS), nous sommes liés par un code de déontologie professionnelle qui fait passer l'intérêt du client avant tout.
We do not recommend Costa del Sol projects based on developer relationships or commission structures. We advise on whether a specific property makes sense for a specific buyer's purpose, budget, rental strategy, residency needs, and holding horizon — before any reservation is signed.
WhatsAppez-nous maintenant- Acquisition tax modelling: ITP 7% (resale) vs IVA 10% + AJD 1.2% (new build) calculated for the specific property before shortlisting begins.
- Évaluation du district : Benahavís (La Zagaleta, El Madroñal, Monte Mayor), Marbella (Golden Mile, Sierra Blanca, Old Town), Puerto Banús, Nueva Andalucía Golf Valley, and Estepona profiled against buyer purpose and holding horizon.
- VFT and rental strategy: licence eligibility, community statute restrictions, seasonal demand, management fee benchmarking, and net yield modelled on current occupancy data.
- Golden Visa and residency: current legal status of the property Golden Visa confirmed; Non-Lucrative Visa and Digital Nomad Visa alternatives assessed per buyer profile.
- New build due diligence: developer track record, bank guarantee verification, SPA analysis, licence delivery obligations, and snagging process.
- Conseil à distance : full acquisition manageable remotely; video calls, written district reviews, legal advisor coordination, and property inspection visits for buyers travelling to the Costa del Sol.
Spain property FAQ for international buyers
Structured answers for buyers reviewing Costa del Sol ownership, ITP and IVA acquisition taxes, VFT rental licences, the Golden Visa status, Benahavís and Marbella districts, CGT on exit, and realistic yield expectations.
Les étrangers peuvent-ils acheter des biens immobiliers en Espagne ?
Yes. Foreign buyers from any country can purchase property in Spain. There is no minimum investment threshold for ownership and no nationality restriction. You need an NIE number (Número de Identificación de Extranjero) for the notarial completion and tax registration steps — this is an administrative identification number, not a residency requirement, and can be obtained in Spain or through a Spanish consulate. Ownership is freehold, and title is registered in the Land Registry providing full legal protection.
What are the acquisition taxes for buying property in Spain?
In Andalucía (covering the Costa del Sol including Marbella, Benahavís, and Estepona): resale property attracts a flat 7% ITP (Impuesto de Transmisiones Patrimoniales) on the purchase price — reduced from a progressive scale that reached 10% following Andalucía's 2021 reform. New build property attracts 10% IVA (VAT) plus 1.2% AJD (Actos Jurídicos Documentados / stamp duty) — total 11.2%. Add notary (€800–€2,500), Land Registry (€400–€1,500), and legal fees (approximately 1%), and total acquisition cost runs 9–11% for resale or 12–14% for new build above the purchase price.
Is the Spanish Golden Visa still available for property buyers?
Spain's Golden Visa property route — which provided a residence permit to non-EU buyers purchasing €500,000+ of Spanish property — was announced for abolition by the Spanish government in April 2024. The legislative process was moving forward as of mid-2025. Do not structure a Spanish property acquisition around the Golden Visa property route without first confirming its current legal status with a Spanish immigration lawyer. Alternative residency routes including the Non-Lucrative Visa (passive income) and the Digital Nomad Visa (remote workers) remain available and do not require property ownership as a condition.
Do I need a VFT licence to rent my Costa del Sol property to tourists?
Yes. All short-term tourist rental in Andalucía requires a VFT licence (Vivienda con Fines Turísticos) — registered with the Junta de Andalucía. VFT requires a valid first occupancy licence, minimum energy performance standards, and minimum furnishing/equipment standards. Critically: many Costa del Sol communities have voted to prohibit tourist rental via their community statutes — check community statutes for any specific property before purchasing with a short-let income thesis. Renting without a VFT licence where required is illegal and subject to significant fines.
What are realistic rental yields on the Costa del Sol?
Well-positioned and licensed Marbella, Benahavís, and Puerto Banús properties generate gross holiday let yields of approximately 5–7% annually — but this requires effective short-let management, a licensed property, and a good occupancy calendar. Net yields after management fees (20–25%), seasonal vacancy (typically 18–22 occupied weeks for luxury villas), platform fees, maintenance, and community fees run approximately 3–5%. The Costa del Sol is highly seasonal — July and August account for disproportionate income share. Model on realistic annual occupancy, not peak-week rates across 52 weeks.
What is Benahavís and why do luxury buyers choose it?
Benahavís is a municipality forming the western apex of the Marbella–Estepona–Ronda triangle and one of Spain's wealthiest municipalities by per capita income. It hosts La Zagaleta — Europe's most exclusive private residential estate, double-gated, approximately 900 hectares, with villa prices from €5M to €30M+ — and other prestigious gated developments including El Madroñal, Monte Mayor, and Marbella Club Golf Resort. Benahavís has more golf courses per municipality than anywhere in Spain. It offers a higher level of privacy, security, and residential exclusivity than Marbella itself, with strong demand from Northern European, Middle Eastern, and Latin American luxury buyers.
What taxes do I pay when selling Spanish property as a non-resident?
Non-resident sellers pay Capital Gains Tax at 19% on the net gain. The buyer is required by law to retain 3% of the purchase price at completion and pay it directly to Hacienda as an advance withholding — the seller receives the sale price minus 3% and must file a tax return within 4 months to reconcile the 3% retention against the actual CGT liability (claiming a refund if retained too much, or paying the balance if too little). Additionally, Plusvalía Municipal (municipal land value tax) is typically a seller cost. Engage a Spanish tax advisor well before listing to model the exit liability.
What is the difference between ITP and IVA on a Spanish property?
ITP (Impuesto de Transmisiones Patrimoniales) is the transfer tax on resale property — 7% flat rate in Andalucía since 2021. IVA (Impuesto sobre el Valor Añadido / VAT) at 10% applies to new build property (first transfer from a developer), accompanied by AJD (Actos Jurídicos Documentados / stamp duty) at 1.2% in Andalucía. You cannot pay both ITP and IVA on the same property — resale triggers ITP; new build triggers IVA + AJD. The total acquisition tax is therefore 7% for a resale property and 11.2% for a new build in Andalucía.
How does Spain compare to Dubai as a property investment for foreigners?
Spain and Dubai are fundamentally different markets. Dubai offers no acquisition tax on resale property (4% DLD fee — lower than Spain's ITP + AJD on new build), no capital gains tax, no annual property tax, higher gross rental yields, and a more liquid international resale market. Spain offers one of Europe's most legally protected freehold title systems, lower management complexity, a year-round lifestyle property market with proven 50+ year international buyer history, EU legal framework protections, and the world's most consistently demanded luxury second-home market on the Costa del Sol. Spain is a lifestyle-anchor investment with stable long-term capital value; Dubai is a higher-yield, higher-liquidity emerging market play. Both are rational — the buyer's purpose and holding horizon determine which fits.
What should I verify about a Costa del Sol community before buying?
Before buying any apartment or villa within a community (urbanización): confirm there are no outstanding community fee debts (request a certificate from the community administrator — the buyer inherits arrears); review the community budget and monthly fee; check whether short-term tourist rental (VFT) is permitted or prohibited in the community statutes; assess the maintenance and management quality of common areas; confirm any planned major works (derramas / special assessments) that would be the buyer's liability; and review the community rules for use, pets, noise, parking, and any restrictions relevant to how you plan to use the property.
What happens if I spend more than 183 days per year in Spain?
Spending more than 183 days in any calendar year in Spain triggers Spanish tax residency (irrespective of where you are registered or hold a passport). Spanish tax residents are taxed on worldwide income — not just Spanish-source income. This has significant implications for buyers with income from other countries, investment portfolios, or rental income from properties elsewhere. The 183-day rule can also be triggered by principal residence criteria regardless of days count. Confirm your tax residency position with both a Spanish tax advisor and your home-country tax advisor before planning extended stays in a Spanish property.
Is new build or resale better for the Costa del Sol buyer?
New build (obra nueva) offers modern specification, energy efficiency, bank guarantee protection for stage payments, developer warranty (10-year structural, 3-year habitability, 1-year finishes), and typically a price advantage over comparable completed stock in the same location. The trade-off is 10% IVA vs 7% ITP — a higher acquisition tax by 3.2% — plus completion risk and the need for thorough SPA review. Resale offers existing product you can physically inspect, established communities with known management quality, faster completion, and 7% ITP. Neither is universally superior — the right choice depends on timeline, specification priorities, and the specific properties available.
Does Tropical Riviera Realty work with buyers who have not visited Spain?
Yes. Our Spain advisory is primarily remote — acquisition tax modelling, NIE process guidance, independent legal advisor coordination, title review, community due diligence, VFT licence eligibility assessment, district assessment (Benahavís, La Zagaleta, Marbella, Golden Mile, Puerto Banús, Nueva Andalucía, Estepona), new build bank guarantee verification, rental yield reality-checking, Golden Visa status confirmation, and residency alternative assessment. We coordinate property inspection visits when buyers travel to the Costa del Sol. We are bilingual in French and English and serve buyers from Europe, the Middle East, Africa, and the Indian Ocean region. Contact us at +230 5256 5725.
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À bientôt
1er étage, Flacq Retail Park | Boulet Rouge
Central Flacq, Maurice