Question 1

How does buying off-plan work in Spain?

Accepted Answer

Buying off-plan in Benahavis means reserving a property before or during construction. You pay a reservation deposit (typically €6,000 to €12,000), then sign a private purchase contract within 30 days and pay a further 10 to 20% of the purchase price. Staged payments follow the construction milestones. The final 60 to 70% is paid at notary completion when the keys are handed over.

Question 2

Are my deposits protected if the developer goes bust?

Accepted Answer

Under Spanish law (Law 57/1968 and its 2015 successor), all off-plan deposits must be covered by a bank guarantee or insurance policy. Your lawyer must verify this before you pay any money. If the developer fails to deliver, you can claim 100% of your deposit plus 6% annual interest. Never transfer funds without a confirmed guarantee in your name.

Question 3

What building guarantees come with a new-build?

Accepted Answer

Spanish law mandates three tiers: a 10-year structural guarantee (Seguro Decenal) for serious structural defects, a 3-year guarantee for habitability issues (waterproofing, insulation, installations), and a 1-year guarantee on finishes and fixtures. These run from the date the licence of first occupation (licencia de primera ocupación) is issued.

Question 4

What taxes apply to new-build property in Spain?

Accepted Answer

New-build purchases are subject to 10% IVA (VAT) on the purchase price, plus 1.2% AJD (stamp duty) in Andalucía. Parking spaces or storage sold separately may attract 21% IVA. Add notary, land registry and legal fees (1 to 2%), budget 12 to 15% on top of the purchase price in total acquisition costs.

Question 5

Can I customise finishes and layout before completion?

Accepted Answer

Most developers allow personalisation during the early construction phase, choices of floor tiles, kitchen units, bathroom fixtures, paint colours and sometimes layout tweaks. The window for changes is typically 3 to 6 months after signing the contract. Structural changes are rarely possible once work has started. Your sales representative will provide a customisation deadline and specification sheet.

Question 6

How long will construction take?

Accepted Answer

Typical build time in coastal Spain is 18 to 30 months from licence grant to completion. Delays of 3 to 6 months are common due to weather, supply-chain or permit issues. Your contract should specify a longstop completion date and the compensation you are owed for any overrun. Always check whether the building licence has already been granted before reserving.

Question 7

What should I check before signing an off-plan contract?

Accepted Answer

Key due-diligence points: (1) confirm the building licence is granted, not just applied for; (2) verify all deposits are bank-guaranteed in your name; (3) check the developer's track record and financial standing; (4) review the specification sheet and what is included in the price; (5) confirm the estimated completion date and longstop clause; (6) have an independent Spanish lawyer review the contract before you sign anything.

Question 8

Do I need a NIE and Spanish bank account to buy off-plan?

Accepted Answer

Yes, both are required before the final notary signing. You can reserve with a passport, but your Spanish NIE (foreigner tax number) is needed for the private purchase contract and your Spanish bank account for the staged transfers. Your lawyer can obtain your NIE with a power of attorney in 2 to 4 weeks. Open the bank account on your first trip to Spain or remotely via certain Spanish banks.

Question 9

Can non-residents get a Spanish mortgage?

Accepted Answer

Yes. Spanish banks lend to non-residents at typical LTVs of 60 to 70% of the lower of purchase price or valuation (vs 80% for residents). Rates are competitive with the rest of the eurozone. You will need 6 months of bank statements, tax returns and proof of income, pre-approval takes 2 to 4 weeks.

Question 10

Should I get pre-approval before viewing?

Accepted Answer

Recommended for serious buyers. A mortgage in principle confirms your budget, signals credibility to sellers and shortens completion. We can introduce you to specialist non-resident mortgage brokers familiar with the local market.

Question 11

What taxes will I pay buying a property in Benahavis?

Accepted Answer

Resale property in Andalucía: ITP (transfer tax) at 7%. New-build: 10% IVA + 1.2% AJD (stamp duty). Plus notary, land registry and legal fees of roughly 1 to 2%. Budget 10 to 13% on top of the asking price for total acquisition costs.

Question 12

What ongoing costs should I expect?

Accepted Answer

Annual IBI (council tax) is typically 0.4 to 1.1% of cadastral value. Community fees on apartments and gated villas range €100 to €600/month depending on amenities. Non-resident owners pay an annual income tax based on cadastral value, plus utilities and home insurance.

Question 13

Are agent fees paid by the buyer or seller?

Accepted Answer

In Spain the seller pays the agent commission (typically 3 to 6% + VAT), already baked into the asking price. Buyers do not pay agent fees on resale or new-build.

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