Authored by the expert who managed and guided the team behind the Spain Property Pack
Everything you need to know before buying real estate is included in our Spain Property Pack
Buying property in Andalusia as a foreigner comes with real risks that most people only discover after losing money.
This guide covers the scams, pitfalls, and grey areas that specifically target foreign buyers in places like Marbella, Malaga, Seville, and the Costa del Sol.
We constantly update this blog post to reflect the latest regulations, market conditions, and common traps in Andalusia.
And if you're planning to buy a property in this place, you may want to download our pack covering the real estate market in Andalusia.
How risky is buying property in Andalusia as a foreigner in 2026?
Can foreigners legally own properties in Andalusia in 2026?
As of early 2026, foreigners can legally buy and fully own residential property in Andalusia without any nationality restrictions, making Spain one of the most open real estate markets in Europe for international buyers.
The main condition that applies to foreigners is that you must obtain a NIE (Numero de Identificacion de Extranjero) before completing any property transaction, which is a tax identification number required for banking, signing contracts, and paying taxes in Andalusia.
Since direct ownership is generally unrestricted in Andalusia, most foreigners simply buy property in their own name, though some international buyers use Spanish limited companies (SL) for tax planning or privacy reasons when purchasing higher-value properties on the Costa del Sol or in Marbella.
One important change in 2025 is that Spain has ended the Golden Visa program for real estate investment, so buying property in Andalusia no longer automatically provides a path to residency as it did before.
What buyer rights do foreigners actually have in Andalusia in 2026?
As of early 2026, foreigners buying property in Andalusia have the same legal protections as Spanish citizens, including full contract enforcement rights, access to courts, and the ability to register ownership in the Land Registry.
If a seller breaches a contract in Andalusia, foreign buyers can enforce their rights through Spanish courts, claim damages, and even seek specific performance to compel the sale, though the process requires hiring both a lawyer (abogado) and a court representative (procurador).
The most common right that foreigners mistakenly assume they have in Andalusia is the ability to quickly resolve disputes, when in reality Spanish court cases can take 12 to 18 months or longer at first instance, which makes prevention far more valuable than litigation.
How strong is contract enforcement in Andalusia right now?
Contract enforcement in Andalusia is reliable and follows established EU standards, but it is significantly slower than in countries like Germany, the UK, or the Netherlands, with civil cases taking around 500 days on average at first instance according to EU Justice Scoreboard data.
The main weakness foreigners should know about in Andalusia is the timeline: even clear-cut cases take time, appeals can add another year or more, and collecting on judgments requires additional enforcement steps, which means scammers often bet you will give up rather than fight.
By the way, we detail all the documents you need and what they mean in our property pack covering Andalusia.
Buying real estate in Andalusia can be risky
An increasing number of foreign investors are showing interest. However, 90% of them will make mistakes. Avoid the pitfalls with our comprehensive guide.
Which scams target foreign buyers in Andalusia right now?
Are scams against foreigners common in Andalusia right now?
Scams against foreigners are common enough in Andalusia that you should plan for them, especially in high-demand foreign zones like the Costa del Sol, Marbella, and coastal areas of Malaga and Cadiz provinces.
The type of property transaction most frequently targeted by scammers in Andalusia is the off-plan or reservation deposit stage, where urgency and excitement make buyers send money before completing proper checks.
The profile of foreign buyer most commonly targeted in Andalusia is someone purchasing remotely, often from the UK, Germany, or Scandinavia, who does not speak Spanish and relies entirely on an agent or intermediary without independent verification.
The single biggest warning sign that a deal may be a scam in Andalusia is pressure to pay a deposit quickly before you have seen a Nota Simple from the Land Registry, because legitimate sellers have no reason to rush past basic ownership verification.
What are the top three scams foreigners face in Andalusia right now?
The top three scams foreigners face in Andalusia are identity fraud where someone pretends to be the owner or their representative, deposit traps where money is sent before ownership is verified, and properties with hidden legal problems like illegal extensions or wrong land classification.
The most common scam in Andalusia unfolds like this: a buyer finds an attractive listing, the "agent" or "owner" creates urgency by claiming other buyers are ready, the buyer sends a reservation deposit to secure the property, and then the seller disappears or turns out to have no authority to sell.
To protect yourself from each of these three scams in Andalusia, always order a Nota Simple from the Land Registry before sending any money, verify that the person selling matches the registered owner, and cross-check property surfaces against the Catastro (cadastral) records to spot illegal extensions.
We did some research and made this infographic to help you quickly compare rental yields of the major cities in Spain versus those in neighboring countries. It provides a clear view of how this country positions itself as a real estate investment destination, which might interest you if you’re planning to invest there.
How do I verify the seller and ownership in Andalusia without getting fooled?
How do I confirm the seller is the real owner in Andalusia?
The standard verification process in Andalusia is to order a Nota Simple from the Spanish Land Registry (Registro de la Propiedad), which shows the registered owner's name, the property identifier, and any charges or limitations on the property.
The official document foreigners should check is the Nota Simple, which you can request online through the Registradores portal for a small fee, and it typically arrives within a few days.
The most common trick fake sellers use in Andalusia is presenting themselves as authorized representatives with a power of attorney (poder notarial), which sometimes happens when legitimate but also can be forged or expired, so your lawyer should always verify any power of attorney directly with the issuing notary.
Where do I check liens or mortgages on a property in Andalusia?
The official place to check liens or mortgages on a property in Andalusia is the Land Registry through the Nota Simple document, which lists all recorded charges including mortgages (hipotecas), embargoes, usufruct rights, and other encumbrances.
When checking for liens in Andalusia, you should specifically request and review all "cargas" (charges) listed in the Nota Simple, paying close attention to outstanding mortgage amounts, any pending court embargoes, and whether there are third-party usage rights like usufruct.
The type of encumbrance most commonly missed by foreign buyers in Andalusia is unpaid community fees (cuotas de comunidad) and upcoming special assessments (derramas), which do not appear in the Nota Simple but can follow the property and become your responsibility after purchase.
It's one of the aspects we cover in our our pack about the real estate market in Andalusia.
How do I spot forged documents in Andalusia right now?
The most common type of forged document in Andalusia property scams is fake powers of attorney or manipulated Nota Simple extracts, and while outright forgery is not extremely common, it sometimes happens enough that independent verification is essential.
Specific red flags that indicate a document may be forged in Andalusia include documents that were not obtained directly from official sources, inconsistent formatting or stamps, pressure to skip notary involvement, and any request to send funds to accounts that do not match the registered owner's name.
The official verification method you should use in Andalusia is to always obtain documents yourself directly from official portals like Registradores for the Nota Simple and Sede Catastro for cadastral certificates, rather than accepting copies provided by the seller or agent.
Get the full checklist for your due diligence in Andalusia
Don't repeat the same mistakes others have made before you. Make sure everything is in order before signing your sales contract.
What "grey-area" practices should I watch for in Andalusia?
What hidden costs surprise foreigners when buying a property in Andalusia?
The three most common hidden costs foreigners overlook in Andalusia are the transfer tax (ITP) which runs 7% to 8% of the purchase price (around 21,000 to 24,000 EUR on a 300,000 EUR property), notary and registry fees adding another 1% to 2% (3,000 to 6,000 EUR), and community fee arrears or upcoming special assessments (derramas) that can run thousands of euros.
The hidden cost most often deliberately concealed by sellers or agents in Andalusia is upcoming community works (derramas) that have already been approved but not yet invoiced, and this sometimes happens when sellers want to close quickly before buyers discover a major expense like a new elevator or facade repair.
If you want to go into more details, we also have a blog article detailing all the property taxes and fees in Andalusia.
Are "cash under the table" requests common in Andalusia right now?
Cash under the table requests still exist in Andalusia but are less common than decades ago, as stricter anti-money-laundering rules and notary oversight have made undeclared payments riskier for both parties.
The typical reason sellers give for requesting undeclared cash payments in Andalusia is to reduce their capital gains tax liability by showing a lower official sale price, which they may frame as helping the buyer save on transfer taxes too.
If you agree to an undeclared cash payment in Andalusia, you face serious legal risks including tax fraud charges, losing legal protection if a dispute arises, and future problems when you sell because your official purchase price will be artificially low, increasing your own capital gains tax burden.
Are side agreements used to bypass rules in Andalusia right now?
Side agreements are sometimes used in Andalusia to bypass official rules, particularly around furniture valuations, rental guarantees, or informal promises about legalizing unpermitted construction after the sale.
The most common type of side agreement in Andalusia is an informal "private contract" promising that the seller will legalize an illegal extension, fix a planning issue, or guarantee rental income, none of which are enforceable if they are not in the notarized deed.
If authorities discover a side agreement in Andalusia, you can face tax reassessments, fines, and loss of any protections the side agreement claimed to provide, because Spanish courts generally only enforce what is properly formalized before a notary and registered.
We made this infographic to show you how property prices in Spain compare to other big cities across the region. It breaks down the average price per square meter in city centers, so you can see how cities stack up. It’s an easy way to spot where you might get the best value for your money. We hope you like it.
Can I trust real estate agents in Andalusia in 2026?
Are real estate agents regulated in Andalusia in 2026?
As of early 2026, Andalusia has just introduced mandatory regulation for residential real estate agents under the new Ley 5/2025 (Andalusia Housing Law), which creates an official registry (Registro de Agentes Inmobiliarios Especializados del Sector Residencial) that agents must join to operate legally.
A legitimate real estate agent in Andalusia should be registered in this new registry once it is fully operational, and historically many professional agents have also been members of the Colegio de Agentes de la Propiedad Inmobiliaria (API), though API membership was never legally mandatory.
Foreigners can verify whether an agent is properly licensed in Andalusia by asking for their registration number and checking it against the official registry once the Junta de Andalucia publishes the verification portal, though in early 2026 the rollout is still in progress so additional caution is warranted.
Please note that we have a list of contacts for you in our property pack about Andalusia.
What agent fee percentage is normal in Andalusia in 2026?
As of early 2026, the normal agent fee in Andalusia ranges from 3% to 5% of the sale price plus VAT (IVA at 21%), with premium coastal markets like Marbella, Estepona, and Benahavís often clustering around 5% plus VAT.
The typical range that covers most transactions in Andalusia is 3% to 5% plus VAT, so on a 400,000 EUR property you should expect agent fees of roughly 14,500 to 24,200 EUR including tax.
In Andalusia, the seller typically pays the agent fee in most residential transactions, though in some cases the cost is effectively built into the asking price or there may be a separate buyer-side agreement, so always clarify who pays what before you commit.
Get the full checklist for your due diligence in Andalusia
Don't repeat the same mistakes others have made before you. Make sure everything is in order before signing your sales contract.
What due diligence actually prevents disasters in Andalusia?
What structural inspection is standard in Andalusia right now?
The standard structural inspection in Andalusia is a professional building survey (informe tecnico or peritaje) conducted by a qualified architect or technical architect (aparejador), which assesses the property's construction quality, structural integrity, and compliance with building codes.
A qualified inspector in Andalusia should check foundations, load-bearing walls, roof structure, terrace waterproofing, electrical and plumbing systems, humidity levels, and any signs of unpermitted alterations or extensions.
The type of professional qualified to perform structural inspections in Andalusia is a colegiado architect (arquitecto) or technical architect (arquitecto tecnico or aparejador) who is registered with their professional college and can issue official reports.
The most common structural issues inspections reveal in Andalusia properties are humidity damage (especially on coastal properties), terrace waterproofing failures, illegal extensions that do not meet building codes, and salt-air corrosion in metal elements on Costa del Sol properties.
How do I confirm exact boundaries in Andalusia?
The standard process for confirming exact property boundaries in Andalusia is to compare the Land Registry description (from the Nota Simple) against the Catastro graphic certificate, and then verify both against the physical reality on the ground.
The official documents showing legal boundaries in Andalusia are the Nota Simple from the Land Registry for the legal description and the certificado catastral descriptivo y grafico from the Catastro, which includes a map showing the plot boundaries and registered surface area.
The most common boundary dispute affecting foreign buyers in Andalusia involves rural fincas, hillside villas, and semi-rural properties in areas like the Axarquia, Alpujarras, or inland Malaga, where fences, access roads, and actual use often do not match the official paperwork.
The professional you should hire to physically verify boundaries in Andalusia is a topographer (topografo) or surveyor who can measure the plot, create a detailed plan, and identify any discrepancies between documented and actual boundaries.
What defects are commonly hidden in Andalusia right now?
The top three defects that sellers commonly conceal from buyers in Andalusia are illegal or unpermitted extensions (like enclosed terraces or converted basements), pending community assessments (derramas) for major building works, and tourist rental restrictions that make Airbnb-style income impossible, and these problems are common enough that every buyer should check for them.
The inspection technique that helps uncover hidden defects in Andalusia is cross-referencing the Catastro certificate surface area against the Nota Simple and the actual measured property, because any significant mismatch often indicates unpermitted construction that could create legal problems or demolition risk.
We have made this infographic to give you a quick and clear snapshot of the property market in Spain. It highlights key facts like rental prices, yields, and property costs both in city centers and outside, so you can easily compare opportunities. We’ve done some research and also included useful insights about the country’s economy, like GDP, population, and interest rates, to help you understand the bigger picture.
What insider lessons do foreigners share after buying in Andalusia?
What do foreigners say they did wrong in Andalusia right now?
The most common mistake foreigners say they made when buying property in Andalusia is moving too fast on a deposit before completing basic checks like the Nota Simple, often because an agent or seller created artificial urgency.
The top three regrets foreigners mention after buying in Andalusia are not hiring an independent Spanish lawyer from the start, trusting the agent to handle everything without verification, and underestimating the total costs including taxes, fees, and community expenses.
The single piece of advice experienced foreign buyers most often give to newcomers in Andalusia is: never send any money until you have personally seen the Nota Simple and your own lawyer has reviewed all documents.
The mistake that cost foreigners the most money or stress in Andalusia is buying a property with illegal construction or planning problems, because resolving these issues can take years, cost tens of thousands of euros, and in worst cases lead to demolition orders.
What do locals do differently when buying in Andalusia right now?
The key difference in how locals approach buying property in Andalusia compared to foreigners is that locals treat the Nota Simple as the first step, not an afterthought, and they often already know which neighborhoods have planning issues or community problems before they even start looking.
The verification step locals routinely take that foreigners often skip in Andalusia is asking the community administrator (administrador de fincas) directly about pending derramas, unpaid fees by previous owners, and any building works that have been voted on but not yet invoiced.
The local knowledge advantage that helps Andalusian buyers get better deals is knowing the micro-reputations of specific urbanizaciones and buildings in places like Marbella Golden Mile, Nueva Andalucia, Benalmadena Costa, or Nerja, where locals know which communities are well-managed and which have chronic fee collection or maintenance problems.
Don't buy the wrong property, in the wrong area of Andalusia
Buying real estate is a significant investment. Don't rely solely on your intuition. Gather the right information to make the best decision.
What sources have we used to write this blog article?
Whether it's in our blog articles or the market analyses included in our property pack about Andalusia, we always rely on the strongest methodology we can … and we don't throw out numbers at random.
We also aim to be fully transparent, so below we've listed the authoritative sources we used, and explained how we used them and the methods behind our estimates.
| Source | Why It's Authoritative | How We Used It |
|---|---|---|
| Colegio de Registradores (2024 Annual Report) | Official nationwide property registry body publishing real transaction data. | We used it to quantify foreign buyer activity in Andalusia and Malaga province. We also used it to show where foreigners concentrate and the scale of international purchases. |
| Registradores Sede (Land Registry Portal) | Official online portal connected to Spain's Land Registry system. | We used it to explain how to verify ownership through the Nota Simple. We also used it to describe what charges and limitations appear on property records. |
| Junta de Andalucia BOJA (Ley 5/2025) | Official legal gazette publishing binding Andalusian law. | We used it to explain the new 2025 agent registration requirements. We also used it to set correct expectations about regulatory rollout timelines. |
| Sede Catastro (Cadastral Authority) | Official Spanish cadastral authority providing property boundary data. | We used it to show how to cross-check surfaces and spot illegal extensions. We also used it to explain the registry vs catastro mismatch red flag. |
| EU Commission Justice Scoreboard 2025 | Official EU comparative judicial systems dataset based on CEPEJ data. | We used it to provide concrete court timeline estimates for Spain. We also used it to set realistic expectations about enforcement speed. |
| World Justice Project Rule of Law Index | Widely cited international rule of law benchmark using surveys and expert data. | We used it to assess institutional strength beyond just court speed. We also used it to frame why documentation discipline matters in Spain. |
| European Consumer Centre Spain (Fraud Guide) | Official consumer protection resource focused on fraud prevention. | We used it to ground our advice on what to do when you suspect a scam. We also used it to align recommendations with official reporting channels. |
| Junta de Andalucia ATRIAN (Tax Authority) | Official Andalusian government tax information site. | We used it to explain transfer tax rates and conditions for reduced rates. We also used it to frame hidden costs that surprise foreign buyers. |
| Notariado (Spanish Notaries Council) | Official notariat site explaining regulated fees and procedures. | We used it to explain that notary fees are regulated by law. We also used it to help buyers budget transaction costs accurately. |
| OCU (Spanish Consumer Organization) | Leading independent consumer advocacy organization in Spain. | We used it to highlight community fee traps and derrama risks. We also used it to identify common hidden costs that catch buyers off guard. |
| KPMG Flash Alert (Golden Visa) | Major professional services firm summarizing legal changes with compliance focus. | We used it to explain that buying property no longer provides a golden visa route. We also used it to prevent common foreigner misconceptions about residency. |
We created this infographic to give you a simple idea of how much it costs to buy property in different parts of Spain. As you can see, it breaks down price ranges and property types for popular cities in the country. We hope this makes it easier to explore your options and understand the market.