Legal services

End-to-end legal protection for your property investment in Spain

From the first due diligence check to the final notary signing — and everything in between. Every case guided personally by José Francisco Criado Sánchez, supported by a trusted team.

Due Diligence

Tax Structuring

Inheritance

Rental Licensing

Development

Business Setup

Service 01

Property Purchase & Sale — Full Legal Due Diligence

Before you sign anything, we conduct a full legal review of the property. This is the most important step in any Spanish property transaction — and the one most often rushed when the lawyer's priority is closing the deal fast, not protecting the buyer.

We check everything that could affect your ownership, your investment value or your ability to use the property as intended.

What's included

  • Nota simple review — title, ownership and registered charges

  • Sale representation — from reservation to completion (resales)

  • Existing mortgage cancellation coordination on sale

  • Urban planning verification — licences, legal status of all structures

  • Hidden liabilities — community debts, unpaid utilities, mortgage checks

  • NIE application and management

  • Private purchase contract (Contrato de Arras) review and negotiation

  • Notary coordination and final signing representation

  • Land Registry inscription after completion

Service 02

Tax Structuring for Non-Residents

Buying property in Spain as a foreign national has significant tax implications — both at the point of purchase and on an ongoing basis. The decisions you make before signing affect your tax position for years to come.

We analyse each client's situation individually and recommend the most efficient legal structure for their specific circumstances.

What's included

  • Asset deal vs share deal analysis and recommendation

  • Capital gains tax (CGT) planning on sale, including deductible expense optimisation

  • 3% non-resident withholding tax management on sale

  • Plusvalía (municipal tax) review and refund claims where applicable

  • Transfer tax (ITP) and stamp duty (AJD) planning

  • Non-resident income tax obligations and planning

  • Beckham Law (Régimen de Impatriados) eligibility assessment

  • Corporate structure setup for investment purchases

  • Coordination with tax advisors in your home country

Service 03

Inheritance & Succession Planning

Owning property in Spain as a foreign national has inheritance implications that many buyers overlook until it is too late. Spanish succession law differs significantly from common law systems and other European jurisdictions — and without proper planning, your heirs may face unexpected tax bills or legal complications.

Andalusia currently offers significant inheritance tax advantages that, with the right structure in place, can save your beneficiaries a substantial sum.

What's included

  • Cross-border succession analysis — Spanish vs home country law

  • Andalusia inheritance tax planning and exemptions

  • Spanish will drafting for property owners

  • EU Succession Regulation (Brussels IV) advice

  • Estate administration for foreign heirs

Service 04

Tourist & Rental Licensing

Short-term tourist rentals in both Marbella and Ibiza are regulated. Listing your property on Airbnb or any similar platform without the correct licence exposes you to significant fines and the risk of losing your rental income.

We check the VFT status and local restrictions before you buy — and manage the licence application if you proceed.

What's included

  • VFT licence eligibility check before purchase

  • Community of owners rules review

  • Urban planning classification verification

  • VFT licence application management — Marbella and Ibiza

  • Compliance advice for Airbnb and short-term rental platforms

Service 05

Real Estate Development

We provide legal advisory to developers and promoters operating in the Marbella and Ibiza markets. From land acquisition and planning permissions to off-plan sales contracts and handover, we support every stage of the development process.

What's included

  • Land acquisition due diligence and planning verification

  • Building licence management and compliance

  • Off-plan purchase contract drafting and review

  • Developer bank guarantee compliance (Ley 57/1968)

  • First occupation licence and handover coordination

Service 06

Business Setup in Spain

Foreign investors who wish to establish a business or investment vehicle in Spain need more than a standard company formation. We provide end-to-end legal support for setting up Spanish corporate structures aligned with your investment and tax objectives.

What's included

  • Spanish SL (Sociedad Limitada) incorporation

  • Corporate structure design for property investment

  • NIE and NIF management for directors and shareholders

  • Mercantile Registry registration

  • Shareholder agreements and corporate governance

  • Ongoing legal compliance and corporate secretarial support

Not sure which service you need?

Tell us about your situation and José Francisco will advise you directly. No obligation, no intermediaries.

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

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