Real estate lawyer in Marbella — comprehensive property legal services for international clients

Real estate law in Marbella: beyond the initial purchase

Buying a property in Marbella is a significant transaction requiring careful legal support — but for most international property owners, it is the start of a long-term legal relationship with Spanish real estate, not the end. The obligations, opportunities, and occasional disputes that arise over a decade of property ownership in Marbella are substantial, and having a trusted legal advisor who knows the local market deeply is a genuine asset.

BMC’s Marbella real estate practice covers every phase of property ownership, from pre-purchase due diligence through to succession planning and estate administration. We advise clients at every stage of the property ownership lifecycle, providing continuity of advice rather than a one-off transaction service.

Off-plan development in the Costa del Sol: protecting your investment

The Marbella coast continues to see significant new residential development, with projects ranging from boutique villa complexes in the hills above Marbella to large resort-style developments with hundreds of units between Estepona and Marbella. Off-plan buying in the Spanish market offers the attraction of prices fixed at today’s levels and the ability to customise finishes — but it also involves stage payments made to a developer before the property exists, creating risk that requires careful legal management.

Spanish law requires developers to provide bank guarantees or insurance policies covering all stage payments made before completion. BMC verifies that these protections are in place, reviews the terms of the guarantee or insurance policy, and advises on the procedure for calling the guarantee if the developer defaults. We also review the construction contract in detail to identify clauses that the developer has used to reserve the right to make specification changes — clauses that are often included in standard developer contracts but can be negotiated out or capped.

Rental compliance: tourist licences and tenancy law

Marbella’s rental market is highly active. Many foreign owners rent their properties — whether full-time on a tourist platform, seasonally during the summer months, or on medium and long-term leases to professional tenants. Each model has its own legal framework and compliance requirements.

Tourist rental in Andalucía requires a VFT licence from the Junta de Andalucía, a registration number displayed on all advertising, and compliance with the Decree 28/2016 operating standards. Long-term rentals are governed by the LAU, which has significant tenant protection provisions — including mandatory extensions of rental terms — that every landlord needs to understand before signing a lease. BMC advises on the full range of rental legal matters and drafts tenancy agreements that are compliant, clear, and protect the owner’s rights within the law.

Property disputes: practical advice before expensive litigation

Property disputes in Marbella — whether with neighbours, communities of owners, planning authorities, or developers — are unfortunately not uncommon. BMC provides a candid initial assessment of the legal merits of any dispute and the realistic prospects and costs of litigation before advising a client to proceed. Many disputes can be resolved through negotiation or mediation at a fraction of the cost of court proceedings. Where litigation is the right course, we manage it through the Spanish civil or administrative courts with the same rigour and attention to detail that we apply to every client matter.