New-build buyer guide
New-build and off-plan homes are available across many parts of the Costa del Sol, but availability, prices, payment schedules and completion stages change continually.
Buying before construction is complete involves different documents and risks from buying a completed resale property. Buyers should verify the developer, planning position, contract, protection of advance payments, technical specification and completion documentation through an independent Spanish lawyer.
This guide explains the main questions to investigate. It does not list every development or predict which projects will increase in value.
Last reviewed: August 2026
What is the difference between off-plan and new build?
Off-plan property
- The property is reserved or purchased before construction is complete.
- The buyer relies on contracts, plans, specifications and developer information.
- Payments may be required before completion.
- Completion dates and payment schedules are contract-specific.
- An independent lawyer should check the project and the payment protection before the buyer commits.
Completed new-build property
- The home has recently been completed and is being sold as a first delivery.
- The buyer can inspect the physical property before completion.
- The buyer should still verify licences, registration, specification, guarantees and defects.
- “Newly completed” does not automatically mean legally ready for occupation.
Neither off-plan nor completed new build is automatically cheaper, safer or a better investment than a resale property.
Possible benefits and trade-offs
Possible benefits
- Modern layouts and current building standards.
- Potentially stronger energy performance.
- New communal facilities.
- Limited customisation may be available early in construction.
- No previous private owner.
- Statutory building-defect protections may apply.
Important trade-offs
- The finished property may differ from renders or show homes.
- Completion can be delayed.
- The surrounding area may still be under construction.
- Community costs may not be fully established.
- Views may change because of future construction.
- Mortgage approval may not be final until completion.
- A buyer may need to make payments before receiving the property.
- Rental use may be restricted by law, municipal rules or community statutes.
A new build does not automatically carry a particular energy rating. Ask for the actual energy certificate for the unit you are buying, or the projected certificate where the building is not yet complete, and check it rather than relying on a brochure claim.
Where to look for new developments on the Costa del Sol
The areas below are listed for geographic and lifestyle context only. They are not ranked by investment performance, growth or the number of projects available.
New-build availability varies between central, beachside and hillside locations. Buyers should compare access, traffic, nearby construction, walkability and the exact development rather than relying only on the Marbella name.
Includes beachside and hillside locations east of central Marbella. Travel time, road access, future construction and distance from everyday services can vary significantly.
A golf-oriented residential valley behind Puerto Banús. Walkability, gradient, community facilities and the outlook from a specific unit differ substantially between developments.
An inland municipality containing village, golf and gated residential locations. Access, elevation, services and community costs vary substantially.
A separate municipality with development activity in the town, surrounding residential areas and coastal locations. Buyers should distinguish Estepona town, the wider municipality and marketing labels such as the New Golden Mile.
A year-round town between Marbella and Estepona, with beachside, town-centre and golf-side settings. Check the walking distance to daily services from the exact plot.
Mijas Costa
A coastal strip within the Mijas municipality, spread over a long stretch of the N-340 corridor. Distance to the beach, road noise and the character of neighbouring plots vary from one development to the next.
Casares
A western municipality with inland village, golf and coastal locations. Driving distances to airports, schools and everyday services are longer than in central Marbella.
Fuengirola
A dense coastal town with a train connection towards Málaga and the airport. New-build plots are limited and building density, parking and views differ noticeably by street.
Benalmádena
A coastal municipality with marina, town and hillside locations. Elevation, access roads and the outlook from an individual unit matter more than the municipality name.
How an off-plan purchase usually works
The precise process depends on the project and the contract you sign. The stages below describe the sequence most off-plan purchases follow, not fixed deposit percentages or fixed timeframes.
- 01Choose a development and unitCompare the exact unit position, orientation, floor, views, neighbouring plots, specification, completion stage and projected community costs. Two units in the same project can be very different purchases.
- 02Independent legal reviewBefore signing anything or transferring money, instruct an independent Spanish lawyer to check the seller or developer, land ownership, planning position, building licence, contracts and payment guarantees.
- 03Reservation agreementReservation terms and refund conditions vary between projects. Understand when the payment becomes non-refundable, and what happens if the legal checks then reveal a problem.
- 04Private purchase contractThe contract should clearly state the property, the total price, the payment schedule, the specification, the estimated delivery date, permitted variations, the consequences of delay and the cancellation or refund rights.
- 05Payments during constructionAdvance payments may be required as construction progresses. Your lawyer should verify that the legally required guarantees and the correct special account are actually in place before each payment.
- 06Pre-completion checksVerify the completion documentation, occupation status, utilities, energy certificate, building documentation and any outstanding defects before the balance is paid.
- 07Notarial completion and registrationThe remaining balance is normally paid at completion, the public deed is signed before a notary and ownership is then registered.
How advance payments should be protected
Spanish building legislation provides protection for qualifying amounts paid in advance during the construction of a home. The developer must arrange the legally required guarantee through insurance or a bank guarantee and receive advance payments through the appropriate special account.
The buyer should not assume that protection is in place merely because it appears in marketing material. An independent lawyer should verify the guarantee, the protected amount, the beneficiary, the project and the circumstances in which it can be enforced.
Source: Ley 38/1999 de Ordenación de la Edificación, consolidated text (see the First Additional Provision)
Documents your lawyer should check
- Identity and legal status of the developer or seller.
- Ownership of the land.
- Land Registry information and charges.
- Planning classification and project status.
- Building licence or applicable municipal authorisation.
- Reservation agreement.
- Private purchase contract.
- Advance-payment guarantee.
- Special account for advance payments.
- Plans and technical specification.
- Permitted changes to layout, materials or communal facilities.
- Delivery deadline and contractual extension clauses.
- Cancellation and refund provisions.
- Community statutes and projected budget.
- Energy certificate.
- Completion and occupation documentation.
- Building book where applicable.
- Utility connections.
- Insurance and statutory building guarantees.
Find Marbella does not perform legal due diligence. These checks are for your own independent Spanish lawyer.
Official buyer guidance from the Junta de Andalucía:
- Junta de Andalucía, information for property buyers
- Junta de Andalucía, purchase-contract guidance
- Junta de Andalucía, completion formalities
Taxes and costs when buying a new home in Andalucía
| Cost | General position |
|---|---|
| VAT on a qualifying first delivery of a new home | Generally 10% |
| AJD (stamp duty) in Andalucía | General rate currently 1.2%, with some reduced rates or exceptions |
| Notary and Land Registry | Depends on the transaction and the applicable official scales |
| Independent lawyer | Agreed directly with the lawyer |
| Mortgage and valuation costs | Depend on the lender and the financing |
| Snagging or technical inspection | Depends on the professional and the property |
| Community fees and local property costs | Development-specific |
Tax treatment depends on the property, the transaction and the buyer’s circumstances, and rules can change. Obtain a personalised calculation from an independent Spanish lawyer or tax adviser before signing.
Building guarantees and snagging
Inspect the property before completion wherever that is possible. Record defects clearly, in writing, with photographs and a dated list, and report them through the channel the contract specifies. A snagging inspection by an independent technician can help identify visible defects before you pay the balance.
Spanish building legislation distinguishes between different types of building defect and different liability periods. The commonly referenced periods are one year for certain finishing defects, three years for defects affecting habitability and ten years for qualifying structural defects. Whether a period applies to a specific defect depends on the circumstances and the legal requirements, so obtain legal advice about any specific defect or claim.
A resale property is not automatically without protection either. A relatively new resale home may still fall within the applicable statutory periods.
Source: Ley 38/1999 de Ordenación de la Edificación, consolidated text
How to compare two new developments
- Exact location rather than the marketing area.
- Developer identity and completed track record.
- Current construction and licence status.
- Contract and payment protection.
- Delivery stage and contractual deadline.
- Unit orientation and surrounding plots.
- Internal usable area, terraces and storage.
- Specification and permitted substitutions.
- Energy certificate or projected performance.
- Accessibility and parking.
- Community facilities and projected running costs.
- Rental and community restrictions.
- Independent legal and technical advice.
- Total purchase cost rather than the headline price.
- Alternative resale properties in the same location.
A more expensive development is not necessarily better, and an early construction phase does not guarantee a discount or future profit.
Do not rely on renders alone
Before you sign, be clear about which of the following you are actually looking at:
- Computer-generated images.
- Show homes.
- Contract plans.
- The specification document.
- The exact selected unit.
- Communal areas that are contractually included.
- Features described only as illustrative.
Have the contract and the specification reviewed independently, and ask in writing which elements are contractual and which are indicative.
How Find Marbella helps with new developments
Find Marbella is a buyer-side property search service for Marbella and the Costa del Sol.
You send us one written brief with your preferred areas, property type, budget, timeline and priorities. We ask the estate agencies and developers we work with what is currently available and compare relevant options.
We may receive information about some developments or units before wider public advertising, but availability varies. We do not claim to cover every development, guarantee private access or guarantee that an off-plan property will increase in value.
We do not sell our own developments, provide legal due diligence, provide formal valuations, advise on mortgages or give tax or investment advice. Buyers should use independent qualified professionals for those services.
An introduction to an estate agency or developer only happens when you express interest and agree to it.
The service is free for buyers. If a purchase completes after an introduction, the estate agency holding the property pays Find Marbella a referral fee from its commission.
Tell us what you are looking for
Related guides and areas
Frequently asked questions
What is the difference between off-plan and new build?+
Off-plan means the property is reserved or purchased before construction is complete, so you rely on contracts, plans and specifications. A completed new build has recently been finished and is sold as a first delivery, so you can inspect the physical property before completion. Both still require full legal checks.
Is buying off-plan on the Costa del Sol risk-free?+
No. Buying off-plan is not risk-free. Completion can be delayed, the finished property can differ from renders, the surrounding area may still be under construction and payments may be required before delivery. Independent legal review of the developer, licence, contract and payment guarantees is essential.
How are advance payments protected?+
Spanish building legislation provides protection for qualifying amounts paid in advance during the construction of a home. The developer must arrange the legally required guarantee through insurance or a bank guarantee and receive advance payments through the appropriate special account. Do not assume protection exists because marketing material says so. Your lawyer should verify the guarantee, the protected amount, the beneficiary, the project and how it can be enforced.
Do I need an independent lawyer?+
Yes. You should instruct an independent Spanish lawyer who does not act for the developer or the selling agency, and instruct them before you sign a reservation or transfer any money.
What taxes apply to a new home in Andalucía?+
A qualifying first delivery of a new home is generally subject to 10% VAT, and the general AJD rate in Andalucía is currently 1.2%, with some reduced rates and exceptions. These are general current rates, not personalised tax advice. Obtain a calculation for your own transaction from an independent Spanish lawyer or tax adviser.
Can an off-plan completion date change?+
Yes. Delivery dates stated in marketing material are estimates, and contracts differ in how much variation they allow and what happens if the deadline passes. Read the delivery deadline, extension clauses and cancellation provisions in your own contract with your lawyer.
Can I obtain a mortgage for an off-plan purchase?+
It depends on the buyer, the lender, the construction stage and the property. Some lenders will only issue a final offer close to completion, so an approval in principle is not a guarantee. Speak to a regulated mortgage adviser about your own circumstances.
Is an off-plan property guaranteed to increase in value?+
No. There is no guaranteed appreciation, resale value or rental income on an off-plan or new-build purchase. Buying at an early construction stage does not guarantee a discount or a future profit.
Does Find Marbella cover every new development?+
No. We ask the estate agencies and developers we work with what is currently available. We do not claim to cover every development on the Costa del Sol and we cannot guarantee access to privately marketed projects.
Can Find Marbella check the developer and contract for me?+
No. We do not provide legal due diligence, formal valuations, mortgage advice or tax advice. Those checks should be carried out by an independent Spanish lawyer and other qualified professionals of your choosing.