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The Off-Plan Property Purchase Process in Fuengirola: A Local Guide

By eVoost Legal & Tax Desk Last reviewed 2026-10-05
In short

This guide details the off-plan property purchase process in Fuengirola for foreign buyers, covering essential steps from NIE application and legal representation to tax obligations. It outlines the specific taxes for new-build properties, explains the importance of bank guarantees, and provides an overview of relocation visas and post-purchase responsibilities.

Navigating Off-Plan Property Purchase in Fuengirola: A Foreign Buyer’s Guide

Fuengirola, nestled on the sun-drenched Costa del Sol in Andalusia, presents an attractive prospect for foreign buyers seeking new-build properties. The appeal of modern developments, often with state-of-the-art facilities and stunning sea views, is undeniable. However, navigating the Spanish property market, particularly for off-plan (obra nueva) purchases, requires a clear understanding of the local legal and tax landscape. Life in Costa recommends a selection of high-quality new-build developments in Fuengirola and surrounding areas, offering a streamlined path to owning a piece of this vibrant region.

This guide will walk you through the essential steps and considerations for foreign buyers purchasing an off-plan property in Fuengirola.

Key Considerations Before You Begin

Before embarking on your property journey, it is crucial to understand the fundamental requirements and seek professional advice.

The Off-Plan Purchase Process: Step-by-Step

  1. Property Search and Reservation: Once you have identified a new-build property from the developments we recommend that suits your needs, the first step is typically to pay a reservation deposit. This small, refundable fee (usually a few thousand euros) reserves the property for a short period, allowing your lawyer to begin initial checks. A reservation agreement (contrato de reserva) will be signed, outlining the terms.
  2. Due Diligence: Your lawyer will perform thorough due diligence on the developer and the property. This includes verifying that the developer owns the land, has the necessary building licences (licencia de obras), and that the property will be registered correctly. They will also confirm that bank guarantees are in place to protect your stage payments (see below).
  3. Private Purchase Contract (PPC): Upon successful due diligence, you will sign a Private Purchase Contract (Contrato de Compraventa) with the developer. This legally binding document outlines the full purchase price, payment schedule, completion date, and specifications of the property. At this stage, a larger deposit, usually 10-20% of the purchase price (minus the reservation fee), is paid.
  4. Bank Guarantees (Aval Bancario): For off-plan properties, it is legally required for the developer to provide bank guarantees or equivalent insurance policies to cover all amounts paid by the buyer prior to completion. This ensures that if the property is not built or completed on time, or the developer goes bankrupt, your payments are protected and refundable. Ensure your lawyer verifies these guarantees.
  5. Stage Payments: The remaining purchase price is typically paid in instalments during the construction period, as outlined in the PPC. These payments are also protected by bank guarantees.
  6. Completion at the Notary (Escritura de Compraventa): The final step is the signing of the Public Title Deed (Escritura de Compraventa) before a Public Notary (Notario Público). At this point, the remaining balance is paid, and ownership of the property is transferred to you. You will receive the keys to your new home.
  7. Property Registration: After signing the Title Deed, your lawyer will arrange for the property to be registered in your name at the Land Registry (Registro de la Propiedad). This step is crucial for legal recognition of ownership and protection against third-party claims.

Taxes and Associated Costs for New-Build Property in Fuengirola

When purchasing a new-build property (obra nueva) in Andalusia, you will incur specific taxes and additional costs:

As a general guideline, foreign buyers should budget an additional 12-15% of the property purchase price to cover all taxes, fees, and legal costs.

Relocation and Residency Options

For foreign buyers looking to reside in Spain, understanding visa options is key:

Post-Purchase Responsibilities

Once you own your new-build property in Fuengirola, there are ongoing responsibilities:

Fuengirola offers a fantastic lifestyle and excellent investment opportunities in new-build properties. By understanding the process and engaging the right professionals, your dream of owning a home on the Costa del Sol can become a reality. Life in Costa is dedicated to connecting you with the finest new-build developments and guiding you through every step of this exciting journey.

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Frequently asked questions

What is the main tax difference between buying a new-build and a resale property in Fuengirola?

When buying a new-build property (obra nueva), you pay Value Added Tax (IVA) at 10% and Stamp Duty (AJD) at 1.2% in Andalusia. For a resale property, you would pay Property Transfer Tax (ITP), which varies by region but is typically higher than AJD in Andalusia for standard purchases.

Is the Spanish Golden Visa still an option for foreign property buyers?

No, the Spanish Golden Visa program was officially discontinued in April 2025. New applications for residency based solely on property investment are no longer accepted. However, current Golden Visa holders may still be able to renew their residency.

What is the purpose of a bank guarantee (aval bancario) in an off-plan purchase?

A bank guarantee legally protects your stage payments made during the construction of an off-plan property. If the developer fails to complete the property or goes bankrupt, the bank guarantee ensures that all the money you have paid is reimbursed.

Do I need a Spanish bank account to buy property in Fuengirola?

Yes, it is essential to open a Spanish bank account. This account will be used for all financial transactions related to your property purchase, including deposits, stage payments, taxes, and later for utility bills and community fees.

What is the NIE and why do I need it?

The NIE (Número de Identificación de Extranjero) is a unique Foreigner Identification Number. It is mandatory for all legal and financial activities in Spain, including purchasing property, paying taxes, opening bank accounts, and signing contracts.

What ongoing taxes will I pay as a non-resident property owner?

As a non-resident property owner, you will be liable for the annual Impuesto sobre Bienes Inmuebles (IBI), which is a municipal property tax. You will also pay annual Non-Resident Income Tax (IRNR) on either rental income or an imputed income if the property is for personal use.

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