Costa del Sol Property Due Diligence Checklist for Foreign Buyers

Finding a property with Mediterranean views can be one of the most exciting parts of buying a home on the Costa del Sol. However, before paying a reservation deposit, foreign buyers should confirm that the property can be purchased legally, that its features match the official documentation and that its ongoing ownership costs fit their available budget.

This precaution is particularly important in locations such as Marbella, Estepona, Puerto Banús and Benahavís, where properties can differ significantly in age, planning status, community charges and maintenance requirements.

Dolan Property offers homes across different parts of the Costa del Sol, from beachfront apartments in Estepona to residential properties in Marbella and the surrounding areas. Its published listings allow buyers to examine specific features, including floor areas, facilities, community charges and annual property taxes, before arranging a viewing.

This guide combines essential legal checks with real examples from properties advertised by Dolan Property. It also explains which documents to request, what questions to ask and how to prepare for a more secure property purchase.

Why a Successful Property Purchase Starts Before the Viewing

One of the most common mistakes international buyers make is selecting properties solely on the basis of photographs, asking prices or proximity to the beach. Although these factors are important, they do not reveal the property's legal or financial position.

In its 2026 guide to buying property on the Costa del Sol, Dolan Property explains that poorly targeted viewings, unsuitable locations and insufficient preparation can waste buyers' time.

The agency also highlights how apparently similar properties can differ considerably in orientation, accessibility, community charges and renovation requirements. These observations help explain why buyers should evaluate properties before preparing their viewing schedules.

For a foreign buyer, this means first defining the intended use of the property, the overall budget, the preferred location and the essential requirements. Detailed information should then be requested for properties that genuinely meet those criteria.

1. Obtain Your NIE Before Committing to a Purchase

The Número de Identidad de Extranjero, commonly known as the NIE, is required for many administrative and financial procedures associated with purchasing property in Spain.

Buyers can apply through the relevant Spanish authorities or the appropriate Spanish consular offices. The documents required and the processing times depend on the procedure used.

When two people purchase a property jointly, each foreign buyer will normally need their own identification number.

It is advisable to begin this process early to avoid delays at completion. If you intend to purchase a property during a short visit to Spain, discuss the necessary arrangements with your lawyer beforehand.

2. Appoint an Independent Property Lawyer

Independent legal advice is essential for verifying the property's legal position and understanding the obligations involved in purchasing it.

Your lawyer should check ownership, investigate registered charges, review planning documents and explain the contractual conditions before you make any significant payments.

This work should be clearly distinguished from the estate agency's role. An agent can help identify suitable homes, provide property information and coordinate viewings, while an independent legal professional carries out the necessary legal checks on the buyer's behalf.

Dolan Property's guide to the legal steps involved in buying a home identifies important documents to review, including the nota simple, IBI receipts, community fee records and building licences where applicable.

3. Verify Ownership and Land Registry Details

Before signing a purchase commitment, your lawyer should obtain an up-to-date nota simple from the Spanish Land Registry.

This document provides information about the registered owner, the property's legal description and certain registered mortgages, charges or restrictions.

The information should be compared with the seller's title deed, cadastral records and the physical characteristics of the property. Differences in floor area, enclosed terraces, extensions and additional structures are particularly important to investigate.

For example, a property advertised with a private garden or parking space may require additional checks to determine whether those features are privately owned, separately registered or subject to specific rights of use.

Real Dolan Property Example: A Beachfront Apartment in Estepona

Dolan Property advertises a two-bedroom beachfront apartment in Estepona, identified by reference R5516995. The listing describes a property built in 1993, with two bathrooms, a terrace, parking, storage space and access to a communal swimming pool.

These features may appeal to buyers who want to live close to the marina and local amenities, but they also raise important questions before purchasing. Buyers should verify the ownership of the parking and storage areas, establish the legal rights associated with the terrace and review the community documentation.

The listing provides useful commercial information about the property, but it does not replace the legal checks that should be carried out by an independent lawyer.

View the Estepona beachfront apartment, reference R5516995.

Comparing apartments in Estepona? Contact Dolan Property to request information about available homes and arrange viewings. You can also call +34 952 764 884.

4. Review Planning Permissions and Previous Renovations

Older properties may have undergone alterations over the years. Some homes include enclosed terraces, swimming pools, extensions or additional rooms that should be examined from a planning perspective.

Your lawyer should check whether relevant structures and alterations have the necessary authorisations or whether any irregularities could affect the purchase.

For rural properties, it may also be necessary to investigate land classification and the specific planning procedures that apply. An AFO declaration does not automatically make an irregular building fully legal or authorise future extensions.

For properties close to the sea, the possible application of Spain's Coastal Law should also be examined, particularly in relation to external structures, terraces and future renovation plans.

5. Arrange a Technical Survey Before Buying

A property may look excellent while still requiring maintenance work that is not visible during an initial viewing.

An independent inspection can help assess roofs, windows, electrical installations, plumbing, waterproofing and potential damp problems.

This inspection is particularly important in coastal buildings, where salt-laden air can accelerate the deterioration of certain construction materials.

Technical reports can also help estimate repair costs and provide useful information when deciding whether the asking price is reasonable.

What to Check in an Existing Property

Buyers should ask about the age of the installations, previous renovations, the condition of the façade and any maintenance works planned by the community. Where there are signs of structural problems, a more specialised assessment may be necessary.

For properties with terraces, the surveyor should pay particular attention to waterproofing, drainage systems, external fittings and potential signs of water penetration.

6. Check Community Charges Using Published Property Figures

Community charges are among the most important ongoing expenses to review when purchasing an apartment in a residential development.

Rather than relying on general estimates, it is more useful to examine figures published for identifiable properties.

Real Example: Published Annual Costs for an Estepona Apartment

The Dolan Property listing for apartment R5516995 includes information about annual ownership expenses.

These expenses represent approximately €146 per month before utilities, private insurance, repairs or potential special community assessments.

The figure relates to a specific property advertised by Dolan Property and does not represent the average cost of all residential developments in Estepona.

Before purchasing, request an updated debt certificate from the community administrator and review the relevant accounts, approved budgets and meeting minutes.

Second Example: An Apartment in Riviera del Sol

Dolan Property also advertises a three-bedroom duplex apartment in Riviera del Sol, reference R5288461. Its published listing records annual community charges of €972 and annual IBI property tax of €579.

Together, these amounts total €1,551 per year, excluding any other costs that may be payable by the owner. The home also has a private garden and access to communal swimming pools, making it important to distinguish between shared expenses and the maintenance responsibilities associated with private outdoor areas.

Comparing these two listings demonstrates why buyers should request actual figures for each property. Two homes with similar facilities can have different community budgets and financial obligations.

View the Riviera del Sol duplex apartment, reference R5288461.

7. Calculate Purchase Taxes Under Andalusian Regulations

Taxes form an important part of the purchase budget and depend on the type of property and the nature of the transaction.

In Andalucía, the general Property Transfer Tax rate applicable to resale transactions is 7%, while the qualifying first sale of a new residential property is generally subject to 10% VAT and the general 1.2% Stamp Duty rate, where applicable.

These rates may vary in specific circumstances because of reduced rates or special tax treatment. Buyers should also verify the applicable taxable base for each transaction.

Example Calculation Using a Dolan Property Listing

The Estepona apartment identified by reference R5516995 had an advertised asking price of €379,000 when its listing details were reviewed.

Applying the general 7% Property Transfer Tax rate to that asking price purely as an example produces a figure of €26,530.

This does not represent tax actually paid in a completed transaction. The final calculation depends on the legally applicable taxable base and the circumstances of the specific purchase.

Buyers should therefore request an individual tax estimate from their lawyer before signing.

You can also read Dolan Property's guide to property taxes in Spain and consult the Junta de Andalucía's official guidance on transfer tax and stamp duty.

8. Check Holiday Rental Permissions

Many foreign buyers consider renting their property during periods when they are not using it themselves.

However, location, facilities and expectations of tourist demand do not guarantee that a property can legally be used for holiday rentals.

Regional regulations, municipal restrictions, applicable registrations and community agreements can all influence whether this is permitted.

If a property listing mentions an existing tourist rental licence, ask your lawyer to verify its current status, its connection to the specific property and the conditions applicable to a new owner.

This investigation should be completed before including potential rental income in your purchase budget.

9. Review Utilities, Insurance and Other Maintenance Costs

Before completing the purchase, verify that the property has regular connections to water, electricity and other necessary services.

Request recent bills and establish how the accounts will be transferred into your name after completion.

It is also advisable to obtain insurance quotations that reflect the property's type, location, installations and intended use.

For rural properties, additional checks may be required concerning drainage systems, wells and water extraction permissions.

These factors can significantly affect the overall cost of ownership and should be reviewed before making a final decision.

10. Assess the Location and Practical Characteristics of the Property

Legal checks are essential, but it is equally important to establish whether a home suits the buyer's intended lifestyle.

In its Costa del Sol market commentary, Dolan Property explains that properties can appear very similar in advertisements, even when their practical characteristics differ considerably during a viewing.

Orientation, road access, proximity to amenities and nearby construction can influence both everyday comfort and future resale prospects.

For example, an apartment with sea views may be located next to a busy road. Another home farther from the beach may offer greater privacy, better outdoor space or a layout more suitable for a family.

Viewings should therefore be used to verify the expectations created by the advertisement, rather than simply confirming that the rooms match the photographs.

11. Review the Reservation Contract Before Paying a Deposit

Once a suitable property has been selected, a reservation deposit may be requested to take it temporarily off the market.

Before making the payment, buyers should understand the conditions of the agreement, the transaction deadlines and the circumstances in which the amount paid may be refundable.

The contract should correctly identify the property, the payment amount and the obligations of both parties.

It is also advisable to establish what will happen if legal checks reveal charges, planning irregularities or other problems that prevent completion under the agreed conditions.

For further information about this stage, read Dolan Property's guide to the questions buyers should ask before reserving a Costa del Sol property.

A More Practical Way to Prepare Your Purchase with Dolan Property

The information published by Dolan Property allows buyers to organise their search around specific decisions rather than reviewing property advertisements without a clear plan.

Its 2026 buying guide places particular emphasis on selecting suitable areas first, reducing irrelevant viewings, comparing the actual value of homes and beginning legal checks early enough in the process.

Following these principles, buyers can organise their preparation into five stages:

1. Define your requirements. Establish your budget, intended use, preferred property type and locations.
2. Compare identifiable properties. Review listing references, floor areas, facilities and published ownership expenses.
3. Arrange relevant viewings. Personally assess orientation, accessibility, condition and surrounding areas.
4. Carry out independent checks. Instruct the relevant lawyers and technical professionals to investigate legal and structural matters.
5. Confirm the complete budget. Calculate taxes, purchase costs, maintenance and potential renovation expenses before committing.

These stages are a practical summary of the approach discussed in Dolan Property's published guides, rather than an exclusive or officially certified agency process.

Would you like to compare real properties before making a reservation? Speak with the Dolan Property team about your budget, preferred areas and requirements. You can also call +34 952 764 884 to request property information and arrange viewings.

Final Due Diligence Checklist Before Buying on the Costa del Sol

Before signing a contract or making a significant payment, use this checklist to confirm that you have reviewed the essential aspects of the transaction.

• Obtain an NIE for every foreign buyer who requires one.
• Appoint an independent property lawyer.
• Request an up-to-date nota simple from the Land Registry.
• Verify the seller's ownership and any registered charges.
• Check planning documents and previous extensions.
• Arrange an independent technical property inspection.
• Request community fee and debt information.
• Review approved special assessments and planned maintenance works.
• Calculate applicable taxes for the specific transaction.
• Check tourist rental permissions if the property will be let.
• Confirm utilities, insurance and recurring ownership expenses.
• Have the reservation contract reviewed before paying a deposit.

Frequently Asked Questions

Can foreigners buy property on the Costa del Sol?

Yes. Foreign nationals can generally purchase residential property in Spain without becoming Spanish tax residents. However, buyers must meet the relevant legal, administrative and identification requirements. Independent legal representation is recommended to establish the property's legal position and explain the obligations involved in the purchase.

Is an NIE compulsory when buying property in Spain?

The NIE is required for the main legal and tax procedures associated with foreign property purchases. It can be obtained through the procedures established by the relevant Spanish authorities. Beginning the application early can help prevent delays in completing the transaction.

Which documents should my lawyer check before purchasing?

Relevant documents may include an up-to-date nota simple, the seller's title deed, cadastral records, planning licences, IBI receipts and the community debt certificate. Depending on the property, further documentation may be necessary concerning alterations, occupation status, installations or land classification.

How much can community fees cost in Estepona?

Community charges depend on the development and the facilities provided. For example, Dolan Property's listing R5516995 publishes annual community charges of €1,212, equivalent to €101 per month. This amount relates to a specific property and does not represent the average for Estepona. Buyers should review community accounts and potential special assessments before purchasing.

Should I arrange a structural survey before buying?

It is strongly recommended, particularly for older homes, villas, rural properties and buildings close to the sea. An independent inspection can help identify dampness, material deterioration, ageing installations and potential construction defects. Where significant problems are identified, buyers should request specialist assessments and repair quotations.

What taxes apply when purchasing property in Andalucía?

The general Property Transfer Tax rate for resale transactions in Andalucía is 7%. A qualifying first sale of a new residential property is generally subject to 10% VAT and the relevant Stamp Duty, normally at the general 1.2% rate. Particular circumstances may affect the calculation, so a qualified professional should confirm the amounts before completion.

Can I rent my Costa del Sol property to tourists after purchasing it?

This depends on the property's legal position and the applicable regulations. Regional, municipal and community requirements may restrict or condition holiday rentals. A listing that mentions an existing tourist licence does not automatically guarantee that the new owner can use it under the same conditions. Documentation should be verified before projected rental income is included in a financial plan.

What happens if problems are discovered after paying a reservation deposit?

The consequences depend on the contract terms and the nature of the problem identified. Buyers should not assume that a deposit will automatically be refunded. It is therefore important to have an independent lawyer review the agreement before making the payment and explain any agreed cancellation, refund or renegotiation conditions.

Can a Spanish property purchase be completed remotely?

In many cases, buyers can authorise a representative through a valid power of attorney. The document must meet the applicable legal requirements, which may include notarisation, apostille or translation. Your lawyer should explain which procedures can be carried out through representation and how to prepare the necessary documents correctly.

Find Your Next Costa del Sol Home with Dolan Property

Buying property on the Costa del Sol involves much more than choosing an attractive home. Legal documentation, actual ownership costs, property condition and location characteristics can significantly influence the purchase experience and the long-term cost of ownership.

The examples published by Dolan Property demonstrate the value of comparing identifiable properties, reviewing community charges and understanding the characteristics of each development before making a decision.

Whether you are looking for a beachfront apartment, family home or investment property, you can begin by exploring properties for sale in Estepona, browsing available homes in Marbella or reading Dolan Property's property buying guides.

Would you like help planning your property search on the Costa del Sol? Contact Dolan Property to discuss your requirements, compare available homes and arrange viewings. You can also call +34 952 764 884.

Before committing to a purchase, always instruct independent legal and technical professionals to carry out the necessary checks.