Why Mijas Is One of Spain's Most Popular Markets for Foreign Buyers
Mijas, and in particular La Cala de Mijas, sits on one of the most coveted stretches of the Costa del Sol — between the bustle of Fuengirola and the glamour of Marbella. The municipality offers everything from beachfront apartments and luxury villas to traditional white-washed townhouses in Mijas Pueblo. For foreign buyers — British, German, Scandinavian, Irish, and beyond — it remains one of Spain's most attractive property markets in 2026.
Yet buying property in Spain as a foreigner involves legal, tax, and bureaucratic steps that are very different from buying in the UK, Ireland, Germany, or Scandinavia. Without proper legal guidance, buyers routinely overpay, purchase properties with hidden debts, or discover planning irregularities after completing. This guide walks you through every stage of the process.
Step 1 — Get Your NIE Number
The NIE (Número de Identidad de Extranjero) is Spain's tax identification number for foreigners. It is mandatory for any significant financial transaction in Spain — including buying property, opening a Spanish bank account, paying taxes, or registering a vehicle. You cannot complete a property purchase at the notary without an NIE.
Applying for an NIE requires attending a Spanish National Police station in person, submitting Form EX-15, a completed reason justification, and your passport. The process can take 4–8 weeks. If you are not yet in Spain, your lawyer can apply on your behalf using a Power of Attorney — a significant time-saver. Apply as early as possible in your property search.
Step 2 — Appoint an Independent Property Lawyer
This is the single most important step. While Spain does not legally require a buyer to have a lawyer, failing to appoint independent legal representation is the most common — and most costly — mistake foreign buyers make. Your estate agent works for the seller. The notary certifies the deed but does not advise you. Only your lawyer works exclusively for you.
A property lawyer in Mijas will conduct essential due diligence: obtaining the nota simple (Land Registry extract) to check for mortgages, charges, and encumbrances; verifying planning permissions and the property's legal habitation status; reviewing the reservation and private purchase contracts before you sign anything; and advising on the full tax and cost implications of the purchase. Legal fees for a property purchase are typically around 1% of the purchase price — a tiny sum compared to the risks of an unprotected transaction.
Step 3 — Open a Spanish Bank Account
You will need a Spanish bank account to pay the purchase price, associated taxes, and ongoing costs such as utilities, IBI (annual property tax), and community fees. Most Spanish banks require your NIE and passport to open an account. Non-resident accounts (cuenta de no residente) are straightforward to open and can be managed online once set up.
Step 4 — Reserve the Property and Sign the Arras Contract
Once you find your property, you will typically sign a Contrato de Arras Penitenciales — a private purchase contract — and pay a deposit of 10% of the agreed purchase price. This is legally binding: if you pull out, you lose the deposit; if the seller pulls out, they must return double the deposit.
Never sign an arras contract without your lawyer reviewing it first. The contract must specify the agreed price, completion date, what fixtures and fittings are included, and any conditions (such as mortgage approval or planning verification). Poorly drafted arras contracts are a major source of disputes in Spanish property transactions.
Step 5 — Due Diligence
Your lawyer will now conduct thorough due diligence, including:
- Nota simple — confirms ownership, size, description, and lists any charges or mortgages registered against the property.
- Certificado de deuda de comunidad — confirms there are no outstanding community of owners fees.
- IBI receipts — confirms annual property tax is up to date.
- Licencia de primera ocupación / Cédula de habitabilidad — the legal habitation certificate, confirming the property was built with the correct permits and is legally habitable.
- Planning checks — verifying there are no outstanding urban infraction orders, illegal extensions, or planning issues with the local ayuntamiento (town hall).
Step 6 — Taxes and Costs to Budget For
In addition to the agreed purchase price, foreign buyers in Andalucía should budget approximately 10–13% in additional costs:
- Resale property: ITP (Impuesto de Transmisiones Patrimoniales) transfer tax at 7% of purchase price in Andalucía.
- New build from developer: IVA (VAT) at 10% + AJD stamp duty at 1.2% in Andalucía.
- Notary fees: approximately €1,000–€2,000 depending on property value.
- Land Registry fees: approximately €400–€1,000.
- Legal fees: approximately 1% of purchase price.
- Mortgage arrangement fees (if applicable): bank valuation, notary, and registration costs.
Step 7 — Sign at the Notary (Escritura)
The final step is signing the escritura de compraventa — the title deed — before a Spanish notary. Both buyer and seller (or their representatives via Power of Attorney) must be present. The balance of the purchase price is paid by bank transfer or banker's cheque. The notary reads and certifies the deed, which is then submitted to the Land Registry for registration in your name.
Once registered, your property is fully protected. Your lawyer will also file the mandatory transfer tax return on your behalf and handle all post-completion formalities.