Property law in Marbella & Ibiza. Family roots since 1965.

Legal Protection for Your Property Investment in Spain

Elite Lawyer Spain provides end-to-end legal advisory for international buyers, developers and investors acquiring luxury property on the Costa del Sol and in Ibiza.

25+ years experience

Marbella · Ibiza · Costa del Sol

English · Spanish · French · dutch

Family legal roots since 1965

international buyers

Trusted by leading real estate agencies on the Costa del Sol & ibiza

Why legal protection matters

Buying property in Spain without independent legal advice is a risk you should not take

International buyers face hidden risks that only an independent property lawyer can identify before you sign anything — not after.

Title & ownership issues

Hidden debts, disputed ownership and unclear title history are common in Spanish property transactions.

Urbanism red flags

Illegal extensions, licence violations and planning issues can cost you hundreds of thousands before you move in.

Tax surprises

Transfer tax, AJD and non-resident obligations are often misunderstood by foreign buyers until it is too late.

Independent representation

Independent legal counsel protects your interests while working constructively with your estate agent and the other professionals involved.

What we do

End-to-end legal advisory for every stage of your investment

01

Property Purchase & Sale — Full Legal Due Diligence

Ownership, urbanism, hidden liabilities, fraud prevention

02

Tax Structuring for Non-Residents

Asset deal vs share deal, Beckham Law, residency planning

03

Inheritance & Succession Planning

Cross-border succession for foreign property owners in Andalusia.

04

Tourist & Rental Licensing

VFT compliance in Marbella and Ibiza

05

Real Estate Development

Legal advisory for promotion and development projects

06

Business Setup in Spain

Company formation and corporate structuring for foreign investors

About Elite Lawyer spain

A boutique practice, backed by six decades of family legal tradition.

As founder of Elite Lawyer Spain, I help international clients, developers, real estate agencies and investment funds navigate the legal complexities of luxury property transactions in Marbella, the Costa del Sol and Ibiza.

After years managing offices across Spain and abroad, I made a deliberate choice: fewer clients, deeper attention, better outcomes. Today I work with a select group of clients and agencies who value direct, personal legal counsel throughout the entire process.

EUROPEAN BUYERS

NORTH AMERICAN BUYERS

REMOTE PROCESS AVAILABLE

"At this point in my career, it is time to give all my time, efforts and passion to an exclusive, reduced group of clients. That is the only way I know how to work."

José Francisco Criado Sánchez

Founder · Elite Lawyer spain

Direct contact

+34 610 72 61 27

[email protected]

Marbella & Ibiza, Spain

English · Spanish · Dutch · French

25+

Years experience

1965

Family tradition

4

Advice available in 4 languages

2

Markets: Marbella & Ibiza

Client experiences

What our clients say

Real feedback from international buyers who trusted Elite Lawyer Spain to protect their investment.

"José Francisco identified a significant urbanism issue with our villa in La Zagaleta before we signed the private contract. Without his due diligence, we would have purchased a property with an illegal extension worth over €200,000 in remediation costs. His attention to detail and deep local knowledge are exceptional."

Pierre V. 🇧🇪

Belgian buyer · Villa purchase · La Zagaleta, Marbella

"We were referred to José Francisco by our estate agent and it was the best decision we made. He guided us through the entire process — NIE, due diligence, tax structuring — with complete clarity and in perfect English. We never felt lost or unsure. I would not buy property in Spain without him again."

Sarah W. 🇬🇧

British buyer · Apartment purchase · Puerto Banús, Marbella

"As a Dutch investor acquiring a property in Ibiza through a Spanish SL, I needed a lawyer who understood both the legal and fiscal complexity of a share deal. José Francisco handled everything efficiently and kept us fully informed throughout. The tax savings more than justified his fees."

Mark K. 🇳🇱

Dutch investor · Share deal · Ibiza

Frequently asked questions

A boutique practice built on six decades of local knowledge

Answers to the questions we hear most often from buyers across Belgium, the UK and the Netherlands.

Do I need an independent lawyer to buy property in Spain?

Yes. While a notary plays an essential role in the transaction, the notary does not act as your personal legal adviser or carry out the same level of due diligence on your behalf.

An independent property lawyer represents your interests throughout the transaction, reviewing ownership, charges, planning matters, contracts, tax implications and any potential legal risks before you become committed.

Your lawyer can work closely with the estate agency, seller's representatives, notary and other professionals involved while remaining fully focused on protecting your position as the buyer.

What is a nota simple and why does it matter?

A nota simple is a document issued by the Spanish Land Registry (Registro de la Propiedad) that confirms the legal status of a property. It shows who owns it, what mortgages or charges are registered against it, whether there are any easements or restrictions, and whether the property's description in the registry matches what is being sold. It is the first document we obtain on any property before proceeding. A nota simple that does not match the physical reality of the property — different square metres, undeclared extensions, missing outbuildings — is one of the most common red flags in Spanish property transactions.

What taxes do I pay when buying a property in Spain?

The taxes payable depend on whether the property is new or resale and on the region where it is located.

Resale properties are generally subject to Transfer Tax (ITP), with rates set by each autonomous community. New-build properties are generally subject to VAT (IVA), together with Stamp Duty (AJD), whose rate also varies by region.

In Andalusia, where Marbella is located, the general ITP rate is currently 7% and the general AJD rate is 1.2%. Different rates apply in the Balearic Islands, including Ibiza.

Additional costs may include notary and Land Registry fees, as well as ongoing tax obligations after completion. We calculate the applicable taxes and costs for each transaction before you commit to the purchase.

What is the difference between a share deal and an asset deal?

An asset deal means you buy the property directly. An share deal means you buy the Spanish company (SL) that owns the property. Share deals are sometimes structured to reduce or avoid Transfer Tax (ITP), but they come with significant risks: you inherit all the company's historical tax obligations, undeclared liabilities, unpaid debts and any compliance failures. The Spanish Tax Authority (AEAT) also has anti-abuse rules that can override the ITP exemption if certain conditions are met. Whether a share deal makes financial sense depends entirely on the specific situation. We analyse each case individually before recommending one structure over another.

How long does the buying process typically take in Spain?

For a straightforward resale property with no complications, the process from offer to signing at the notary typically takes between 6 and 10 weeks. The main steps are: due diligence review (1-2 weeks), private purchase contract (Contrato de Arras) signature, obtaining or verifying the NIE, final notary signing, and registration at the Land Registry (which happens after signing). For more complex transactions — off-plan properties, share deals, properties with planning issues or foreign corporate structures — the timeline extends accordingly. We always give you a realistic estimate from the outset.

What is the Beckham Law and could it apply to me?

The Beckham Law is a special tax regime that may apply to certain individuals who move to Spain for work or qualifying professional activities.

Under the regime, qualifying employment and certain other income is generally taxed at 24% up to €600,000, with the excess taxed at 47%. Different rates apply to certain savings income, such as dividends, interest and capital gains.

Eligibility depends on the individual's circumstances, including the reason for moving to Spain and whether the legal requirements are met. We assess each case individually before recommending this regime.

Can I rent out my property on Airbnb or similar platforms?

In both Marbella and Ibiza, short-term tourist rentals are regulated. In Andalusia, you need a Vivienda con Fines Turísticos (VFT) licence before listing your property on any platform. The requirements vary depending on the property, the community of owners rules and the local urban planning classification. Ibiza has introduced stricter limitations in recent years. If you are purchasing a property with the intention to rent, we check the VFT licence status and local restrictions as part of the due diligence process — before you buy, not after.

Do you work with international buyers?

Yes — our clients come from across Europe and North America, with a strong base of Belgian, British and Dutch buyers. We work in English, Spanish, Dutch and French. Most of the process can be managed remotely — we handle due diligence, contract review and tax structuring without you needing to be present in Spain. We do recommend being present for the final notary signing, though we can also arrange a power of attorney if that is not possible. Distance is not an obstacle to doing this properly.

Get in touch

Book a consultation with José Francisco

Tell us about your situation and we will be in touch within 24 hours. All enquiries are handled personally and in complete confidence.

  • Marbella, Costa del Sol

  • Monday – Friday

    9:00 – 17:00 CET

    Saturday

    Closed

    Sunday

    Closed

ELITE LAWYER SPAIN

Independent property law practice, rooted in family legal tradition since 1965.

Marbella · Costa del Sol · Ibiza

Serving international buyers across Spain.

services

Due Diligence

Tax Structuring

Inheritance

Rental Licensing

Business Setup

Real Estate Development

contact

+34 610 72 61 27

[email protected]

Marbella & Ibiza, Spain

English · Spanish · Dutch · French

© 2025 Elite Lawyer Spain. All rights reserved.