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Can non-residents buy a property in Malaga? A complete guide for buyers

Malaga, the enchanting city on Spain’s Costa del Sol, has become a hotspot for foreign investors and non-residents seeking to purchase property. With its breathtaking landscapes, rich cultural heritage, and inviting Mediterranean climate, it’s easy to see why many are eager to call Malaga home, whether permanently, seasonally, or as a rental investment. If you, as a non-residents want to buy a property in Malaga, this guide will provide you with essential information and tips to navigate the process confidently.

Understanding the market in Malaga

The property market in Malaga has seen significant transformations over the past two decades. Once an industrial port, Malaga has reinvented itself into a desirable residential area with a mix of historical charm and modern amenities. Property values have surged, particularly in sought-after neighborhoods, making it a competitive market for foreign buyers keen to invest.

Why non-residents should buy a property in Malaga?

  1. Quality of Life: Malaga has been recognized for its outstanding quality of life, offering a perfect blend of cultural, recreational, and gastronomical experiences.
  2. Climate: With over 300 days of sunshine annually, the Mediterranean climate is a significant draw for buyers looking to escape harsher winters.
  3. Investment Opportunities: The city’s rising popularity in tourism has created a strong market for short-term rentals, providing excellent investment potential.
  4. Accessibility: Malaga’s international airport is well connected, making travel convenient. This is a vital factor for foreign non-residents when considering a potential purchase.

Legal considerations for foreign buyers

1. Legal representation

Before purchasing any property in Malaga, it’s crucial to hire an independent lawyer familiar with Spanish property law. The property market is complex, and a qualified legal advisor can protect your interests throughout the transaction. Look for a lawyer who speaks your language and has a solid reputation in the local real estate community.

2. Obtaining an NIE number

Foreign buyers are required to obtain a Número de Identificación de Extranjero (NIE), which is an identification number for foreigners in Spain. This number is essential for all legal and fiscal matters, including property purchases. You can obtain an NIE through the National Police in Spain, and it is advisable to do so before beginning your search for a property.

3. Financial preparedness

Ensure you have your finances in order before making any offers. Foreigners can easily open a Spanish bank account, which is necessary for conducting transactions related to property purchases. Be aware of additional costs, including legal fees, taxes, and registration fees, which typically range from 7% to 10% of the property price.

Choosing the right location

So yes, Non-residents can buy a property in Malaga, but it’s always a must to pick the right place. Malaga offers a variety of neighborhoods, each with its unique charm and amenities. Here are some top areas to consider:

  1. Centro Histórico: The historic heart of Malaga, bustling with shops, restaurants, and cultural attractions, perfect for those who enjoy the vibrancy of city life.
  2. La Malagueta: Known for its proximity to the beach and stunning views, this area is ideal for families and those who enjoy outdoor activities.
  3. El Palo and Pedregalejo: These traditional fishing villages retain their charm with beautiful beaches and a relaxed atmosphere, making them popular among both locals and expats.
  4. Teatinos: A family-friendly neighborhood with excellent educational facilities and parks, ideal for those looking for a quieter lifestyle away from the hustle of the city center.
  5. Sotogrande: Although slightly outside of Malaga, this luxurious gated community is inviting for those seeking tranquility and high-end properties.
Palms in the tourism shopping district of Malaga in Calle Puerta del Mar in summer

Navigating the purchase process

1. Conduct thorough research

It’s vital to understand the local market dynamics, including property values and demand in your chosen area. Researching online listings and visiting different neighborhoods will give you a better sense of what to expect.

2. Engage a reliable Real Estate agent

While there are many real estate agents in Malaga, ensuring you work with a reputable professional can make a significant difference. Seek recommendations or browse online reviews to find agents with experience in working with foreign buyers.

3. Inspect properties carefully

When you find properties that interest you, arrange visits to inspect them thoroughly. Consider the property’s location, condition, and any potential renovation costs that may arise.

4. Review the sales agreement

Once you decide on a property, your lawyer will help draft a sales agreement. It’s critical to review all terms and conditions carefully and ensure they align with your expectations before signing the contract.

5. Closing the deal

After all checks have been completed, including legal and financial due diligence, the final step is the signing of the title deeds in front of a notary. At this point, the remaining balance of the purchase price is paid, and you will receive the keys to your new property!

Keeping it all legal

1. Property registration

Once you own the property, itis to register it in the Land Registry (Registro de la Propiedad). This step legally recognizes you as the owner and is essential for future transactions, including resales or renting.

2. Understand tax obligations

As a property owner in Spain, you will have certain tax obligations, including:

  • Property tax (IBI): An annual municipal tax based on the property’s value.
  • Income tax: If you rent out your property, you will have to declare rental income and pay taxes on it. Even if you’re a non-resident, you will need to pay a nominal tax on any property owned in Spain.
  • Capital gains tax: If you sell the property for a profit, you may be liable for capital gains tax, including potential exemptions for primary residences.

It’s highly recommended to consult a tax advisor familiar with both Spanish tax law and the tax regulations of your home country to ensure compliance and optimize your tax situation.

3. Consider making a will

To ease the process for your heirs in the event of your passing, consider drafting a Spanish will that aligns with local law. Not having a will can complicate inheritance matters and potentially lead to lengthy probate processes.

Renting out your property

If your intention is to generate rental income, familiarize yourself with local regulations governing short-term rentals. In Andalusia, for instance, you must apply for a license to operate a short-term rental property. Ensure that you comply with all safety regulations and tax obligations associated with rental income.

  1. Property management: If you do not plan to be in Spain full-time, consider hiring a property management company to handle bookings, maintenance, and any tenant communication.
  2. Marketing your property: Use popular rental platforms such as Airbnb, Booking.com, or local agencies to reach potential renters. High-quality photos and detailed descriptions of your property’s features and nearby attractions can significantly enhance its appeal.

Enjoying your new home in Malaga

Once you’ve closed the deal and established yourself as a property owner in Malaga, take time to enjoy the myriad of experiences the city has to offer.

  • Embrace the local culture: Dive into the rich cultural scene, attend local festivals, explore the beaches, and indulge in traditional Andalusian cuisine at local tapas bars.
  • Network with other expats: Join local expat communities, both online and in-person, to share experiences and meet new friends, making your transition to life in Malaga easier.
  • Learn the language: While many locals speak English, investing time in learning Spanish can significantly enhance your experience and integration into the local community.

Get expert help

For Non-residents the process of buy property in Malaga can be complex, but you don’t have to go it alone. Our bilingual team at Mortgage Direct is dedicated to assisting you every step of the way. With years of experience in helping international buyers successfully purchase property in Malaga, we are well-equipped to guide you through the legal, financial, and logistical aspects of your property investment.

Ready to embark on your property journey in Malaga? Contact us today for expert guidance and tailored solutions. Your dream home in Spain awaits!

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