How to turn this guide into a working plan for agents and agencies

Legal and tax information should not be used as a substitute for specialists. Its commercial value lies in helping real-estate professionals identify risks earlier, prepare better questions and guide clients through a clearer process.

To strengthen lead generation and professional presentation, also consult RealtorList.Net guides on international buyers, real-estate websites that convert y digital authority for agencies.

Buying process: from search to deed

The usual process can be organised into six stages. To find support by area and language, consult the directory of professionals of the Costa del Sol. The pace depends on financing, the buyer's documentation and, above all, whether the property is legally ready to be sold.

ITP, IVA and AJD: what they mean and how much you pay

Quick example with a property valued at €500.000

The example is deliberately simple. It does not include furniture, valuation fees, bank fees, renovations, translations, administrative fees, insurance or possible reduced rates. In a financed purchase, the buyer's contribution not covered by the bank must also be calculated.

Reservation and deposit: when the deposit is forfeited

There is no single reservation percentage imposed by law. On the Costa del Sol, it is common to work with approximately 1% of the price. When that percentage is too low, it is common to agree on a fixed amount of €6.000 to €12.000. In luxury transactions, the amount may increase significantly and, in exceptional ultra-prime transactions, reach six-figure sums or even around €500.000.

So-called earnest-money deposits under Article 1454 of the Civil Code allow either party to withdraw: the buyer forfeits the deposit and the seller returns double the amount. However, this consequence should not be automatically assumed for every payment. The contract must clearly state what type of deposit is agreed, as there are also confirmatory deposits or penalty clauses with different effects.

Irregular constructions: they are not exceptional, but they should not be ignored

In Andalusia, you may find an enclosed terrace, swimming pool, basement, extension or even an entire dwelling that does not match the licence, Land Registry or Catastro. This does not automatically mean the purchase is impossible, but it changes the valuation, financing, insurance, future renovations and tourist use.

• Compare the title deed, Land Registry, Catastro and physical reality.
• Request licences and a municipal planning certificate.
• Verify first-occupancy status or an equivalent document where applicable.
• Check for enforcement or restoration proceedings.
• Confirm whether an AFO declaration exists.
• Ask whether the irregularity affects the mortgage or tourist rental.

Selling a property: documents, taxes and the 3% withholding

The seller must prepare the property before accepting an offer. An agency looking to improve its lead generation can complement this process with a strategy for local real-estate marketing and content that explains the service transparently. Planning issues, community debts, unregistered inheritances or old mortgages can delay completion before the notary even when there is a buyer.

Non-resident seller: simplified example

When the seller is non-resident, the buyer must withhold 3% of the price and pay it using form 211. It is a payment on account, not necessarily the final tax.

There may also be municipal capital gains tax. The actual gain depends on dates, admissible invoices, improvements, depreciation if the property was rented, ownership and tax treaties. If the withholding exceeds the tax due, the seller may request a refund.

Rental yield: how to calculate a true ROI

A gross return of 6%-10% may be achievable in short-term rentals for a well-bought, properly equipped, legally authorised property managed in an area with sufficient demand. It is not an automatic return from “the Costa del Sol” or from just any apartment. Micro-location, views, parking, terrace, community, licence, purchase price and management quality all affect the outcome.

For agents and agencies, presenting three scenarios—conservative, realistic and ambitious—is more useful than communicating a single figure. The tools of artificial intelligence for real estate agencies can support calculations and documentation, but assumptions must remain visible and be reviewed by a person.

Example of a resale €400.000 intended for rental

The 30% is a simplified assumption for management, platforms, maintenance, utilities, insurance, community fees, IBI, vacancy periods and replacements. It does not include the owner's personal tax. At an average rate of €180 per night, earning €32.000 requires around 178 nights booked; €40.000 requires around 222 nights.

11-month contracts and 5-year contracts

A 11-month contract does not automatically become a seasonal rental contract

The Urban Lease Act distinguishes based on the actual purpose, not solely on the number of months. A seasonal rental must meet a demonstrable temporary need: studies, a work placement, medical treatment, renovations to the main residence, or another specific reason. Repeatedly using 11-month contracts to cover the tenant's permanent residence may be challenged.

Main residence rental

If the property meets the tenant's permanent housing need, the protected minimum term extends to 5 years when the landlord is an individual y 7 years when the landlord is a legal entity, even if the initial contract states a shorter period, except where legal exceptions apply.

Why finding a rental can be difficult

In high-demand areas, few properties are available year-round. Landlords often request payslips, an employment contract, tax return, references, rent default insurance, or an additional guarantee. For a newcomer without a Spanish history, providing complete documentation and being flexible regarding the start date, furnishings and term can be as important as the price.

Tourist rentals: homeowners' association, municipality and regulation

Illegal occupation: real risk, figures and new procedure

In 2025, approximately 14.875 known incidents of trespass or property usurpation were recorded, 9,4% fewer than in 2024. That same year, 714.237 home sales were recorded. The 2021 census recorded 26,62 million homes.

Comparing crimes with property transactions does not measure risk precisely, because one figure is an annual flow of transactions and the other affects the existing housing stock. As a rough guide, 14.875 cases are equivalent to around 0,056% of the recorded housing stock. This is a low incidence nationally, but it is not zero and is unevenly concentrated.

Organic Law 1/2025 incorporated unlawful entry into a dwelling and certain offences of unlawful occupation into fast-track criminal proceedings. However, the Public Prosecutor's Office clarified that non-violent unlawful occupation under Article 245.2, considered a minor offence, continues under its specific procedure. Therefore, an automatic eviction within 15 days should not be promised in every case.

Quick questions for buyers, sellers and the AI Realty assistant

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