Buying Property in Marbella: Guide for American Buyers
Short answer: Yes. Americans can buy in Marbella without a permit, using a Spanish tax number (NIE), a Spanish bank account and an independent lawyer. Budget about 8.5% on top of the price for a resale home and about 12.5% for a new build. A Spanish mortgage is possible for non-residents, usually up to about 70% of value, though some banks are cautious about US persons. Buying gives no residency, and you may owe tax filings in both countries.
Published 18 October 2026 · By Mike BradyWhy do many Americans look at Marbella?
Marbella is a cosmopolitan resort city of about 150,000 residents on the Costa del Sol, known for its marina, the Golden Mile and the golf courses around it. For Americans it is a second home with a long season, a place to spend winters, and sometimes a base for retirement or remote work. It ranks among the priciest spots on the Spanish coast, and prices vary a great deal from one area to the next.
Málaga airport is about 45 to 60 minutes away by road; flight connections from the US change by season, so check current routes. Buying in Spain is quite different from buying in the US, in how the contract works, who protects you and what you owe in tax. This guide points out the differences.
It covers which areas to consider, how Spain differs from a US purchase, what the buying costs are, whether you can live in Spain, how the process works from abroad, how financing and the dollar-euro risk work, how you are taxed in Spain and the US, and where the pitfalls are. It is not a substitute for legal, tax or immigration advice. Buyers from the Gulf may prefer our guides for Gulf buyers and UAE buyers in Marbella.
Mike Brady
Alberto BertazziWhich areas of Marbella suit American buyers?
Short answer: It depends on the life you want: a walkable town base, a golf or resort community, a villa with sea views, a family district near the beaches, or space and privacy in the hills. The hills need a car and a more careful legal check; the town and the coast do not.
| Lifestyle | Where Americans often look | Check before you buy |
|---|---|---|
| Walkable, near services and clinics | Marbella centre and Old Town, and the flatter streets of San Pedro de Alcántara. Apartments, shops, restaurants and the beach within walking distance. | Noise, parking, the condition of older buildings and lifts, and whether the building allows tourist rental. |
| Golf and resort living | Nueva Andalucía and the Golf Valley, and Puerto Banús, with shared pools and gardens in managed developments. | What the community fees include, the licences and completion status of the development, and seasonal crowds. |
| Prime sea views | The Golden Mile and Sierra Blanca, between Marbella town and Puerto Banús, many in gated communities. | The price against recent comparable sales, the cost of running a large property, and the planning status of the plot. |
| Family districts, beaches and day-to-day life | Elviria, Cabopino and Guadalmina: villas and apartment complexes with beaches and everyday shops close by. | School runs and distances, the Coastal Law near the beach, and street-by-street differences. |
| Space and privacy | Benahavís and the hills behind the coast, often in gated estates a short drive from the sea. | Access roads, water and utilities, how the land is classified, estate fees, and the fact that you will need a car. |
These are broad impressions, not a view on prices, which vary by street, quality and market; ask for recent comparable sales.
How is buying in Spain different from buying a home in the US?
Short answer: The big differences are that Spain has no standard contingencies, no cooling-off period and no title insurance, so your protection comes from your own lawyer and from the checks you make before you sign. Closing costs are also higher.
| Topic | Typically in the US | In Spain (Marbella) |
|---|---|---|
| Contract and contingencies | A purchase contract with inspection, financing and appraisal contingencies is common. | A reservation, then an arras contract with a deposit of about 10% that can be lost. A mortgage or checks condition exists only if it is written into the contract. |
| Cooling-off period | Varies by state and contract. | Generally none on a resale purchase once the contract is signed. Do your checks before you sign. |
| Inspection | A home inspection is routine. | Not routine. Commission a technical survey yourself if you want one. |
| Title protection | Title insurance and an escrow or closing agent. | No title insurance as standard. Your lawyer’s checks and the property register extract (Nota Simple) do that job, and the deed is signed before a notary. |
| Closing costs | Usually a few percent of the price. | About 8.5% on a resale home and about 12.5% on a new build. |
| Mortgage | Long fixed terms and a credit-score driven process are common. | Typically 15 to 25 years for non-residents, with fixed, variable or mixed rates, assessed on income, commitments and own funds rather than a US credit score. |
| Floor area | Square feet. | Square metres, often quoted as built area including terraces and shares of common areas. One square metre is about 10.8 square feet; ask for the usable area. |
A general comparison, position October 2026. Practices vary by US state and by deal. This is not legal advice.
What does a Marbella purchase cost on top of the price?
Short answer: Budget roughly 8.5% of the price for a resale home and 12.5% for a new build, over and above your down payment. Most of it is tax: 7% transfer tax (ITP) on resale; 10% VAT (IVA) plus 1.2% stamp duty (AJD) on new builds.
| Case | Purchase price | Tax | Notary, registry, gestoría and lawyer | Total (share of price) |
|---|---|---|---|---|
| Resale home | €500,000 | €35,000 | €7,600 | €42,600 (8.5%) |
| Resale home | €900,000 | €63,000 | €12,600 | €75,600 (8.4%) |
| Resale home | €1,800,000 | €126,000 | €22,000 | €148,000 (8.2%) |
| New build | €500,000 | €56,000 | €7,600 | €63,600 (12.7%) |
| New build | €900,000 | €100,800 | €12,600 | €113,400 (12.6%) |
| New build | €1,800,000 | €201,600 | €22,000 | €223,600 (12.4%) |
Planning values from FCG for Andalusia, October 2026, rounded. We assume a lawyer at about 1% of the price (at least €1,200) and a gestoría at about €300; notary and registry charges are capped in our model, so on expensive homes the real bill can be higher. What you actually pay depends on the deed and the professionals you hire.
- On top of the table: your down payment, the bank’s valuation (about €500 in our model), furnishing and any works, plus what your bank charges to convert dollars and send euros. Get the exchange rate quoted in writing and set it against the market rate before you send a large amount.
- Mortgage deed: the bank normally bears the main costs of the mortgage deed under current law; the purchase deed is yours.
- Plusvalía municipal: the seller owes this local land-gain tax by law; check the contract does not pass it to you.
To run your own price, use our detailed buying costs calculator or the US buyer calculator. Further reading: Buying costs in Spain for non-residents.
Can Americans live in Spain if they buy in Marbella, and what about visits?
Short answer: You can visit for up to 90 days in any 180 without a visa, but owning a home does not give you the right to live in Spain. Staying longer needs a residence permit, and the property-based investor route was closed in April 2025.
| Question | What generally applies |
|---|---|
| Do I need a visa to visit my property? | US citizens can generally visit Spain and the rest of the Schengen area without a visa for up to 90 days in any 180-day period. A travel-authorisation system (ETIAS) is being introduced for visa-exempt visitors, so check what applies when you travel. |
| Can I live in Spain because I own a property? | Not on that basis alone: a residence permit is required, and Spain shut its property-linked investor route in April 2025. Other routes exist, for example non-lucrative residence for people who do not work in Spain, or work and remote-work permits, each with its own income, insurance and paperwork conditions. Apply through the Spanish consulate that covers your state, and ask a Spanish immigration lawyer which route fits. |
| Does Medicare cover me in Spain? | Original Medicare generally does not cover care outside the US. If you will spend long periods in Spain, plan for private health insurance, which residence routes such as non-lucrative residence usually also require. |
| When do I become tax resident in Spain? | Staying in Spain for more than 183 days in a calendar year, or basing your main economic interests there, generally makes you a Spanish tax resident. As a US citizen you remain subject to US tax on your worldwide income as well; see the tax section below. |
General information, position October 2026. Immigration and entry rules change often; this is not immigration advice.
How does an American buy a property in Marbella step by step?
Short answer: Get the financing view, obtain a NIE, open a Spanish bank account, appoint an independent lawyer, reserve, sign an arras contract that contains the conditions you need, then complete at the notary. Allow six to twelve weeks from reservation to the deed, longer if you need a power of attorney or have to arrange funds from the US.
- Get a financing view first. Spain has no mortgage contingency by default, so find out what a lender would do with your US income, your US debts and your funds before you reserve anything.
- Obtain a NIE. This is the Spanish tax number that every foreign purchaser must have. You can apply through the Spanish consulate that covers your state, or let a Spanish lawyer apply for you under a power of attorney.
- Decide whether you will travel for completion. A lawyer can sign for you under a power of attorney. A power of attorney signed in the US is generally signed at a Spanish consulate, or before a US notary and then apostilled. Ask your lawyer what the Spanish notary will accept.
- Open a Spanish bank account. It carries the mortgage, the direct debits and the balance payment. As a US person you will be asked for a W-9 or tax identification number, and some banks decline US citizens or add extra steps because of US reporting rules. This is one reason a specialist broker helps.
- Appoint an independent lawyer, then reserve. Choose a lawyer with no link to the seller or the agent. A small reservation deposit takes the property off the market; ask under which circumstances it would be lost.
- Checks on the property. Your lawyer pulls the Nota Simple (register extract) to confirm who owns the property and what is charged against it, matches it to the cadastre, and collects the IBI receipt, a community debt certificate, the energy certificate and, on a new build, the first-occupation licence. Marbella planning status needs its own check, and you may want a technical survey of your own.
- Negotiate the arras contract. Buyers usually pay around 10% of the price on signing. Walk away and you normally lose it; if the seller walks away, they normally owe you double, unless the contract provides otherwise. Have the lawyer add the conditions you depend on, such as mortgage approval by a fixed date, before you sign.
- Prepare the money. Plan the dollar-to-euro conversion, tell your bank about a large international transfer, and keep proof of the source of funds, such as a US closing statement. Do not leave the transfer to the final week. Cash is not a workable route in Spain.
- Mortgage offer. The bank sends a valuer, makes a binding offer and reviews your documents. It must hand you its pre-contract paperwork at least ten calendar days before signing.
- Completion at the notary. This is the Spanish closing: you sign the deed (escritura), settle the balance and collect the keys. Use an interpreter if you need one and get the text translated in advance. The notary is a public official, not your adviser, and the deed records how the price was paid.
- After completion. Your gestoría or lawyer pays the purchase taxes and lodges the deed at the property register. Then you connect utilities, take out home insurance, join the community and set up direct debits. Put your first Spanish non-resident tax return and the US reporting of your Spanish account in your calendar.
More on the sequence: Spanish mortgage timeline and process.
Can Americans get a Spanish mortgage for a home in Marbella?
Short answer: Yes. Spanish banks lend to US-based non-residents, usually up to about 70% of the value and often 60 to 70%, in euros and typically over 15 to 25 years. The bank assesses your income, commitments, own funds and the property. Some banks are cautious about US persons, so lender selection matters.
Here is a worked example for a resale home at €650,000 in Marbella (illustrative interest rate of 3.5% and a 25-year term, not an offer):
| Financing | Mortgage | Total own funds | Monthly payment |
|---|---|---|---|
| 70% of the price | €455,000 | €250,475 | about €2,278 |
| 60% of the price | €390,000 | €315,475 | about €1,952 |
Own funds are the down payment, the purchase costs of about €54,975 and the bank valuation of about €500. Figures come from the FCG costs calculator and are for planning only.
How much you can borrow depends mainly on your net income and your existing commitments, including your US mortgage payments. We plan on the basis that all your monthly commitments together stay within about 40% of net income. For the €455,000 loan above, that implies a net income of roughly €5,700 a month before any other debt.
Which documents do Spanish banks look at for US-based buyers?
| Item | What Spanish banks typically ask for |
|---|---|
| Employment income | Recent pay stubs, W-2 forms and an employer letter confirming position, salary and length of service, plus your passport. |
| Self-employed or business owners | Tax returns (and IRS transcripts if asked), profit-and-loss statements, business registration papers and business and personal bank statements. |
| Investment, retirement and rental income | Statements for pension, Social Security, brokerage or retirement accounts, and lease agreements and tax returns for rental income. Lenders usually count only the part of such income that is stable and documented. |
| Existing US mortgage and debts | Statements for any mortgage, car loan or credit card. Lenders count your payments, whether or not the debt is secured on US property. |
| Own funds | Bank and brokerage statements showing the money and where it came from, for example the sale of a US home, with the closing statement as evidence. |
Banks differ in what they ask for. If a lender needs a certified or sworn translation of a document, it will say so; US documents in English are normally accepted as issued. Spanish banks generally do not use a US credit score as such: they decide on your documented income, debts and funds.
Currency. Your income is in dollars, but the price, the costs and the mortgage payments are in euros, and the dollar is not pegged to the euro. If the euro strengthens by 10% against the dollar, a €2,278 payment becomes about 10% more expensive in dollars, and so does the down payment you have not yet converted. Decide how and when you convert, and whether you are comfortable with the risk, before you commit. Our US buyer calculator takes income in dollars and shows results in euros.
Fixed or variable. Spanish lenders offer fixed, variable (linked to Euribor) and mixed-rate loans. Compare the total cost over the term, not just the first-year rate.
See also How much deposit do you need to buy in Spain? and Non-resident mortgages in Spain.
What are the typical American buyer profiles and what matters for each?
How are American owners of a Marbella property taxed in Spain and in the US?
Short answer: Spain taxes you every year through IBI, a refuse charge, community fees and a non-resident return (modelo 210), generally at 24% for US residents. The US taxes your worldwide income as well, so you may owe filings on both sides. Take advice from a cross-border tax adviser who knows both systems.
| Item | What it is | How often |
|---|---|---|
| IBI (property tax) | Municipal property tax, based on the cadastral value of the property. | Yearly |
| Refuse charge | Municipal charge for waste collection. | Yearly or half-yearly |
| Community fees | Spain’s equivalent of an HOA: contribution for pool, gardens, security and management. In gated estates there can be an additional urbanisation fee for roads and common areas. | Monthly or quarterly |
| Non-resident income tax (modelo 210) | As a US resident you are outside the EU and EEA, so the rate is generally 24%. Even if you do not rent the home out, a deemed income of typically 1.1% or 2% of the cadastral value is taxed. If you rent it out, the rent is taxed without deducting costs. | Yearly |
| Utilities and insurance | Consumption and premiums; the home insurance should cover water damage and liability. | Ongoing |
The Spanish rate follows your place of residence rather than your passport. Because the US taxes citizens and green-card holders on worldwide income, rent from the Spanish property is generally reportable in the US, and Spanish tax paid can usually be credited under the US-Spain tax treaty and US rules. The Spanish deemed-income tax on a home you do not rent has no US counterpart, so ask your adviser whether and how it can be credited. A Spanish bank account also has US consequences: balances above certain thresholds are reportable (FBAR, and in some cases Form 8938), and an unreported account can bring heavy penalties.
When you sell, the buyer keeps back 3% of the price as an advance payment of your Spanish tax. Your US gain is calculated in dollars, so exchange-rate moves between purchase and sale change the result. Spain also levies a wealth tax and a separate large-fortunes tax on larger Spanish estates, depending on the value of your assets in Spain and on the rules that apply to you. Use an adviser who knows both countries.
Which pitfalls should American buyers in Marbella watch out for?
- Expecting US-style contingencies. Without a written condition, a reservation or an arras contract does not protect you if the mortgage falls through or the survey disappoints. Put your conditions in the contract.
- Skipping the survey. A home inspection is not part of the standard process. If you want one, commission a technical survey before you sign.
- Counting on a US-style credit check. Your US credit history does not carry over. Bring documents that prove income, debts and funds.
- Underestimating US reporting. Opening a Spanish account or owning foreign assets can trigger US filings. Get US tax advice before you wire money, not after.
- Assuming you can rent it out. Tourist rental needs a registration, a town hall that allows it and a community that does not object, and Andalusia has been tightening the rules. Confirm the position before you pay and work out the return after tax.
- Not checking planning status. Licences of some Marbella developments were challenged in past years, so even for a resale your lawyer should check the licence, the planning classification and the register.
- Taking the asking price at face value. Many listings are priced above where homes really sell. Ask to see comparable sales and get your own valuation.
- Payments off the record. The full price belongs in the deed and should travel by traceable bank transfer; side payments put buyer and seller at tax and legal risk.
- Unprotected off-plan deposits. Insist on seeing the bank guarantee for your instalments, the licences and the ten-year structural insurance, and keep an eye on delivery dates.
- Measuring in the wrong unit. Floor areas are in square metres and often include terraces and a share of common areas. Ask for the usable area and compare it with the cadastre.
- Taking on the community’s unpaid bills. Arrears for this year and last stay with the property, so ask the administrator for a debt certificate before you sign.
- Estate planning across two systems. Spanish property is inherited under Spanish procedure, and the US may tax your estate as well. As far as we know there is no estate or inheritance tax treaty between the two countries, so ask a lawyer how to structure ownership and wills.
Short answers for American buyers in Marbella
Yes, there is no permit requirement for foreign purchasers. In practice you need a NIE, a Spanish bank account and a lawyer who checks the property first. Buyers from outside the EU also need an authorisation in a few designated zones, such as areas near military sites; your lawyer can confirm the address is clear.
US citizens can generally visit the Schengen area for up to 90 days in any 180-day period without a visa. A travel-authorisation system (ETIAS) is being introduced for visa-exempt visitors, so check what applies when you travel.
No. Spain closed its property-based investor route in April 2025, so a purchase alone does not entitle you to live there. Staying longer needs a residence permit of its own (non-lucrative, work or remote-work routes, for example). A Spanish immigration lawyer can say which route, if any, suits you.
Plan on about 8.5% of the price for a resale home and about 12.5% for a new build, both on top of your down payment. For a €900,000 resale home our model gives about €75,600: €63,000 transfer tax plus about €12,600 for notary, registry, gestoría and lawyer. These are planning values for October 2026, not quotes.
Yes. Banks lend to US-based non-residents, typically up to about 70% of the value and often 60 to 70%, in euros. The bank weighs your income, other commitments, own funds and the property. Some banks are cautious about US persons because of US reporting rules, so a broker who knows which lenders accept US citizens saves time.
Generally not. Spanish lenders decide on your documented income, existing debts, funds and the property, so bring pay stubs, tax returns, account statements and loan statements. Your US credit history does not transfer, and payments on US loans count as commitments.
Using a €650,000 resale home as the example: about €250,475 of your own money at 70% financing, or about €315,475 at 60%. That covers the down payment, the purchase costs and the bank valuation, but not furnishing, works or currency conversion.
Not always. With a power of attorney, your lawyer can get the NIE and even sign the deed on your behalf. From the US that document is normally signed at a Spanish consulate, or before a notary and then apostilled. Many buyers still prefer to be at completion.
You can have obligations in both. Spain charges property tax, the refuse charge, community fees and a yearly non-resident return, generally at 24% for US residents. The US taxes worldwide income, and Spanish tax paid can usually be credited under the treaty and US rules. A Spanish bank account can also trigger US reporting such as FBAR. A cross-border tax adviser should review your case.
General guide, as of 18 October 2026. Rates, costs, conditions and requirements change, and they depend on the property, the lender and your own circumstances. Nothing here is legal, tax or immigration advice. Information on fees is on our regulatory and fee information page.
Where to find binding information
- Agencia Tributaria: the Spanish tax authority (modelo 210, tax obligations).
- Registradores de España: the property register and the register extract (Nota Simple).
- Consejo General del Notariado: notaries and the deed.
- Sede Electrónica del Catastro: cadastral data and cadastral value.
- Ministerio de Asuntos Exteriores: Spanish embassies and consulates, visas and the NIE application from abroad.
- IRS: US reporting of foreign accounts and assets (FBAR, Form 8938) and the foreign tax credit.
Do you know what you can buy in Marbella?
If you want to know how much a Spanish bank might lend against your US income and own funds, start the FCG online application or speak with us before you sign a reservation. Start the online application →