Buying guide · Buying process · 🇫🇷 France

The Step-by-Step Guide to Buying New-Build Property in Marbella for French Citizens

By eVoost Legal & Tax Desk Last reviewed 2026-11-02
In short

French citizens looking to purchase a new-build property in Marbella should familiarise themselves with the Spanish legal and tax system, including the NIE, IVA, AJD, and engaging independent legal representation. The process involves reservation, private purchase contract, and signing the public deed, with specific tax implications for non-residents and requirements for long-term residency. This guide details each step, from initial search to final deed, and outlines essential financial and administrative considerations.

Introduction: Your Gateway to New-Build Property in Marbella

Marbella, a jewel on Spain’s Costa del Sol, continues to attract discerning international buyers with its luxurious lifestyle, stunning scenery, and vibrant new-build property market. For French citizens considering a move or a second home, purchasing a new-build property in Marbella offers numerous advantages, including modern design, energy efficiency, and often, attractive off-plan payment structures. This guide, brought to you by Life in Costa, details the step-by-step process, essential legal requirements, and tax considerations for French buyers embarking on their property journey in the developments we recommend in this captivating region.

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Why Choose a New-Build in Marbella?

Marbella’s appeal is undeniable, from its golden beaches to its world-class golf courses and sophisticated gastronomy. The new-build market, in particular, presents an exciting opportunity for foreign buyers. These contemporary properties often boast high specifications, integrated smart home technology, and access to exclusive communal amenities such as swimming pools, gyms, and lush gardens. Opting for a new-build, especially off-plan, allows for a degree of customisation and ensures a property that meets the latest building standards and energy efficiency regulations.

Preliminary Steps Before Your Property Search

Before you begin viewing the developments we recommend, there are a few crucial administrative steps to undertake:

  1. Obtain your NIE Number (Número de Identificación de Extranjero): This unique identification number is indispensable for any legal or financial transaction in Spain, including buying property, opening a bank account, or signing utility contracts. French citizens can apply for an NIE at a Spanish Police Station (Comisaría de Policía) in Spain or through the Spanish Consulate in France.
  2. Open a Spanish Bank Account: You will need a local bank account to manage property payments, taxes, utility bills, and mortgage repayments. This simplifies financial transactions throughout the purchase process and beyond.
  3. Engage Independent Legal Counsel: It is highly recommended to appoint an independent Spanish lawyer specialising in property law. They will conduct due diligence, review contracts, ensure all necessary licences are in place, and represent your interests throughout the entire process. This is particularly important for off-plan purchases, where legal protection is paramount.

The Step-by-Step New-Build Property Purchase Process in Marbella

The acquisition of a new-build property in Spain typically follows a structured sequence:

  1. Reservation Contract (Contrato de Reserva): Once you have identified a suitable new-build property, you will sign a reservation contract and pay a small reservation fee (typically €6,000 – €12,000). This takes the property off the market for a limited period, allowing your lawyer to begin due diligence.
  2. Due Diligence and Developer Checks: Your lawyer will meticulously verify the developer’s legitimacy, ensuring they own the land, possess all necessary building permits (licencia de obra), and that the property will be registered in the Land Registry upon completion. For off-plan purchases, it is critical to confirm that the developer provides a bank guarantee (aval bancario) or insurance policy for all payments made during construction. This protects your investment in case of construction delays or the developer’s insolvency.
  3. Private Purchase Contract (Contrato Privado de Compraventa): After satisfactory due diligence, you will sign the Private Purchase Contract (PPC) or «Arras» contract. At this stage, you typically pay a deposit, usually 10-30% of the purchase price, less the reservation fee. The PPC outlines the terms of the sale, including the purchase price, payment schedule, completion date, and a detailed description of the property. For off-plan properties, it will specify the quality of materials and finishes.
  4. Payments During Construction: For off-plan properties, the remaining balance (excluding the amount to be financed by a mortgage) is paid in instalments linked to construction milestones. Each instalment should be covered by a bank guarantee, safeguarding your payments until completion.
  5. Completion and Signing the Public Deed (Escritura Pública): Upon completion of the property, you will attend the notary office to sign the Public Deed of Sale (Escritura Pública). At this point, the remaining balance of the purchase price is paid, and ownership is transferred. The notary ensures the legality of the transaction and witnesses the signatures.
  6. Property Registration: Your lawyer will then arrange for the Public Deed to be registered in the Spanish Land Registry (Registro de la Propiedad). This formal act legally confirms you as the new owner and protects your rights to the property.
  7. Connection of Utilities and Tax Registration: Following registration, your lawyer will assist with connecting utilities (electricity, water, gas, internet) and registering the property with the local town hall for IBI (Impuesto sobre Bienes Inmuebles) purposes.

Understanding Costs and Taxes for New-Build Property in Marbella

When purchasing a new-build property in Marbella, several taxes and fees apply. It is crucial to budget for these in addition to the property’s purchase price, typically amounting to 10-15% of the property value.

One-Off Purchase Taxes:

Ongoing Property Ownership Costs:

Taxes on Future Sale (For Consideration)

While this guide focuses on the purchase process, it’s prudent for French buyers to be aware of taxes applicable upon a future sale of their Spanish property:

Financing Your New-Build Property in Marbella

Many French buyers choose to finance their property purchase with a Spanish mortgage. While conditions vary between lenders, non-residents can typically borrow up to 70% of the property’s valuation or purchase price (whichever is lower) for a new-build. It is advisable to explore mortgage options early in the process and secure pre-approval.

Relocation and Residency for French Citizens in Spain

As French citizens, you benefit from freedom of movement within the European Union. However, for stays exceeding a certain duration, specific administrative steps are required:

  1. Stays of up to 90 days: For tourist or short-term visits, French citizens can reside in Spain for up to 90 days within any 180-day period without any special requirements beyond a valid passport or national ID card.
  2. Stays exceeding 90 days (Residency): If you plan to stay in Spain for longer than 90 days, or intend to become a resident, you must register your presence.
    • Residency Certificate (Certificado de Registro de Ciudadano de la Unión): This is the initial step for EU citizens planning to reside in Spain. You will register with the Foreigners’ Office (Oficina de Extranjeros) or a police station, demonstrating sufficient financial means and healthcare coverage.
    • TIE (Tarjeta de Identidad de Extranjero): While not strictly mandatory for EU citizens (the Certificado de Registro is sufficient to prove residency), many French residents opt to obtain a TIE, which is a physical identity card. It can simplify administrative procedures and is required for non-EU residents.
    • Empadronamiento: Once you have a permanent address, you should register at the local town hall (Ayuntamiento) on the «padrón municipal.» This registration, known as «empadronamiento,» is essential for accessing local services and exercising certain rights.

Conclusion

Buying a new-build property in Marbella offers an exciting opportunity for French citizens to invest in a desirable lifestyle and a thriving property market. By understanding the step-by-step process, engaging expert legal and financial advice, and being aware of the associated taxes and residency requirements, you can navigate your purchase with confidence. Life in Costa is here to guide you through the exceptional range of new-build properties available in the areas we cover, ensuring a smooth and successful acquisition.

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Frequently asked questions

Do I need a visa to buy property in Spain as a French citizen?

No, as a French citizen (EU national), you do not need a visa to purchase property or even reside in Spain for up to 90 days. For stays exceeding 90 days, you will need to register as an EU resident.

What is the main tax I pay on a new-build property purchase in Spain?

For new-build properties, the main purchase taxes are Value Added Tax (IVA) at 10% and Stamp Duty (AJD) at 1.2% in Andalusia.

Can I get a mortgage in Spain as a French non-resident?

Yes, French non-residents can obtain mortgages from Spanish banks, typically covering up to 60-70% of the property's valuation or purchase price, whichever is lower.

Is a lawyer necessary when buying new-build property in Marbella?

While not legally mandatory, engaging an independent Spanish property lawyer is highly recommended, especially for new-build and off-plan purchases. They ensure due diligence, protect your interests, and navigate the complex legal and tax framework.

What is the NIE number and why do I need it?

The NIE (Número de Identificación de Extranjero) is a unique identification number for foreigners in Spain. It is essential for all legal and financial transactions, including purchasing property, opening bank accounts, and dealing with tax authorities.

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