Real Estate Attorney in Málaga
Real Estate Attorneys in Málaga The real estate market in Málaga and the Costa del Sol presents a legal complexity that few territories in Spain can match.
The confluence of massive foreign investment, a General Urban Planning Plan (PGOU) in constant evolution, the proliferation of tourist rentals and an extremely high volume of property transactions require legal advice that transcends mere document management. Our law firm, Francisco Orozco & Associates, acts as a real estate legal strategist with extensive experience in the province. Our team of attorneys specializing in real estate law in Málaga intervenes at every stage from our offices in Málaga and Ronda: from pre-contractual due diligence to defense before the Courts of First Instance, including tax optimization.
When do you need a real estate attorney in Málaga?
The intervention of a specialized attorney is not a luxury; it is an objective necessity in operations that compromise your assets. These are the most frequent cases in which our clients come to our law firm: Purchase or sale of property: Registry and urban verification to avoid hidden charges on second-hand or new construction real estate.
Foreign investment: Tax management (IRNR), double taxation treaties and NIE obtaining for non-resident buyers in Spain. Lease conflicts: Deficient lease contracts, rent defaults, IPC/IGC updates and possessory recovery.
Inheritances and Divorces: Termination of co-ownership, division of real estate in joint ownership and allocation of use of the family home. Hidden defects: Judicial claim for defects in second-hand properties or ten-year liability in new construction according to LOE. Property owners’ associations: Challenge of agreements, claims against defaulters and cessation of nuisance activities.
Urban planning issues: Obtaining LPO, AFO proceedings, declaration of old new construction and management of rural properties. Tourist rentals: Registration as VFT in Andalusia Tourism and compliance with Decree 28/2016. Judicial claim of rights: Defense of your interests before the Courts of First Instance of Málaga and throughout the province.
Real Estate Transactions in Málaga
The purchase and sale of homes and real estate concentrates the greatest asset risk. Each operation requires exhaustive legal verification before signing any binding document. Our specialist attorneys offer contract drafting services, registry analysis and detection of abusive clauses in each case we handle.
Due diligence: 3 levels of protection
Registry level: Analysis of simple note, ownership, charges, mortgages, easements and seizures in the Property Registry. Urban planning level: Consultation of PGOU at Málaga City Council, LPO confirmation and absence of infractions (AFO). Contractual level: Drafting of private contracts, distribution of expenses, review of abusive clauses and structuring of guarantees.
Earnest money contracts and typologies
Incorrect classification of earnest money is a constant source of litigation in real estate transactions. We draft clear contracts with full guarantees for the buyer: Penitential (art. 1454 CC): Allow penalized withdrawal. If the seller withdraws, they return double the amount.
Confirmatory: Unavoidable advance payment of the price; do not allow free withdrawal. Penalty clauses: Operate as predetermined compensation for breach by either party.
Foreign Investment and Golden Visa
We advise non-resident buyers and investors throughout the entire process: NIE, bank account opening, tax representation before the AEAT and Golden Visa processing. We also manage IRNR obligations and the 3% withholding that the buyer must apply to the non-resident seller.
We provide services in Spanish and English.
Mortgage Charges and Abusive Clauses
We manage the registry cancellation of prior charges or negotiate subrogation in accordance with the Real Estate Credit Contracts Law. We also analyze the existence of floor clauses or other abusive clauses in loans linked to the purchase, and claim their nullity when appropriate.
View complete Real Estate Transactions service
Evictions and Recovery of Possession
Each month of delay in recovering an illegally occupied property represents an irrecoverable loss for our clients. We act with speed and precision in the Málaga Courts, with full knowledge of landlord rights and applicable procedures.
Express eviction for non-payment: The tenant has 10 days to pay, vacate or oppose. Without opposition, the process is resolved in weeks. Lease contract expiration: Judicial claim for end of contractual term according to LAU. Squatters and precarious occupants: Verbal trial and coordination with criminal proceedings for usurpation (art. 245.2 CP). Impact of Law 12/2023: Adaptation of claims regarding vulnerability declarations and stressed areas in Málaga. Eviction Phase Estimated Timeframe Admission for processing 1-2 weeks Requirement to defendant 10 business days Hearing scheduling 2-4 months Enforcement (eviction) 1-3 months after judgment View Express Evictions service
Lease and Rental Contracts in Málaga
Poor drafting in lease contracts is the origin of most conflicts between landlords and tenants. Our specialist attorneys draft and secure lease contracts adapted to each modality, including legal deposit clauses, additional security deposit and protection against abusive clauses:
Primary Residence (LAU)
We draft residential lease contracts that regulate minimum duration (5 or 7 years), tacit extensions, rent limitations in stressed areas of Málaga and landlord necessity clauses. Our clients have full guarantees from the first moment.
Tourist Rentals (VFT)
Assistance with registration in the Andalusia Tourism Registry, compliance with Decree 28/2016 and municipal restrictions in the historic center of Málaga. We inform you of all risks if you operate tourist rentals without a VFT license and manage the regularization process.
Commercial Premises and Offices
In leases for non-residential use, there is complete freedom to set graduated rents, pass-through of construction costs, subleases and compensation for clientele. We design the lease agreement that best protects your interests as landlord or tenant.
Deposits, Guarantees and Securities
Management of mandatory deposit in AVRA and structuring of additional guarantees: bank guarantees and rental default insurance. We inform you about all available options to secure the collection of rental income. See Lease Agreement service
Real Estate Attorneys in Málaga and the Costa del Sol
We provide real estate legal services throughout the province of Málaga from our headquarters in Ronda. If you are acquiring or managing a property in Málaga capital or in any municipality of the Costa del Sol, our attorneys specializing in real estate law will accompany you throughout the entire process.
Municipalities and areas of practice
Torremolinos and Benalmádena: Real estate transactions, tourist rentals and homeowner associations. Mijas and Fuengirola: Home purchase operations, developments and rural properties. Marbella and Estepona: Foreign investment, Golden Visa and major real estate operations. Ronda and interior area: Rural properties, subdivisions, consolidations and AFO proceedings on rural land.
Málaga capital: Planning law, horizontal property and real estate transactions in the municipality.
Service in Spanish and English
The real estate market of Málaga and the Costa del Sol attracts buyers from the United Kingdom, Germany, the Netherlands and all of Europe. Our attorneys serve clients in Spanish and English, which allows us to advise international clients throughout the entire process of purchasing their property in Málaga.
We accompany our foreign clients in obtaining the NIE, opening a bank account in Spain, managing IRNR and tax regularization.
Horizontal Property and Homeowner Associations
Conflicts in homeowner associations are among the most frequent inquiries in real estate law. We advise communities, property administrators and owners based on the LPH, defending their rights with technical precision: Challenge of agreements: Lawsuits against agreements contrary to law or bylaws (3-month to 1-year deadline).
Claims against delinquents: Special summary procedure to garnish accounts of debtor owners. Special assessments and construction: Advisory on required majorities (1/3, 3/5 or unanimity) according to the type of intervention. Nuisance activities: Cessation action (art. 7.2 LPH) to halt illicit uses in the building.
Tourist rentals in community: Review of bylaws and ways to regulate or restrict VFTs in the building. Advisory for Communities
Hidden Defects and Construction Defects
The acquisition of defective real estate has strict limitation periods. For second-hand properties (Civil Code), the period is only 6 months from delivery. For new construction, the LOE establishes differentiated periods. Judicial claims require acting quickly and with adequate technical support: Type of defect (New Construction) Warranty period Responsible parties Finishes and completions 1 year Builder Habitability and waterproofing 3 years All agents Structural (foundation, beams) 10 years All agents We coordinate technical expert reports to demand quanti minoris action (price reduction and repair costs) or redhibitory action (contract termination).
If extrajudicial claims are unsuccessful, we pursue judicial claims before the First Instance Courts of Málaga to protect your rights as a buyer. Claim Hidden Defects
Termination of Co-ownership (Inheritances and Divorces)
It is the most efficient tool to dissolve shared properties (undivided interests) in Málaga. If a co-owner acquires 100% of the real estate, it is significantly more economical than a sale thanks to its tax advantage in Andalusia: Traditional sale: Taxed at 7% by ITP.
Termination of co-ownership: Taxed only at 1.2% by AJD. This route is especially useful in cases of inheritance, divorce or separation. Our law firm manages the entire process: from property valuation to notarial deed and registration in the Property Registry. Manage Termination of Co-ownership
Planning Law and Licenses in Málaga
Málaga requires exhaustive knowledge of its PGOU and the regional regulations of the Junta de Andalucía. We manage planning procedures that affect both urban real estate and rural properties: Management of First Occupancy License (LPO). Processing of AFO files for rural properties.
Declaration of old new construction by prescription (6 years). Segregation and grouping of properties. Management of activity licenses for premises and tourism.
Real Estate Taxation
We optimize the tax cost of any purchase, sale or transfer operation of real estate in Málaga and the Costa del Sol: Settlement of ITP (7%), VAT and AJD (1.2%). Management of municipal capital gains tax and claim of asset losses. Calculation of IRPF for capital gains and 3% withholdings for foreign buyers (IRNR).
Comprehensive tax advice for operations with bank financing or foreign investment.
Our Working Method
Our lawyers specializing in real estate law follow a rigorous protocol in each case. The objective is to guarantee maximum legal security for our clients: 1. Analysis and Due Diligence Registry, planning and tax evaluation of the asset or problem. We identify all risks before you make any decision.
2. Strategy Design Legal roadmap with deadlines, options and probable scenarios. We explain to our clients all available alternatives with complete clarity. 3. Legal Execution Contract drafting, negotiation with counterparties, notarial assistance or filing of civil lawsuits according to the stated objective.
4. Closing and Settlement Registration in the Property Registry, tax management and delivery of final report.
Frequently Asked Questions about Real Estate Law in Málaga
It is not mandatory, but it is essential to guarantee your legal security. A specialist lawyer verifies hidden charges on real estate, analyzes planning law compliance (LPO, AFO), detects abusive clauses and prevents you from signing earnest money contracts with harmful conditions or assuming third-party debts.
If you are a foreign buyer, you will also need to manage the NIE, open a bank account and settle taxes. Our law firm advises you in Spanish and English throughout the entire process.
Penalty earnest money (article 1,454 of the Civil Code) allows either party to withdraw: if the buyer withdraws, they lose the amount delivered; if the seller withdraws, they must return double the amount. Confirmatory earnest money functions as a deposit towards the total price and does not allow free withdrawal.
Before signing, it is essential that a real estate attorney reviews what type of earnest money you are agreeing to.
An express eviction without opposition can last 3 to 4 months. If there is opposition, it can extend to 6-9 months. The Housing Law (12/2023) requires additional procedures if the tenant proves vulnerability, so initiating the lawsuit quickly is vital. Having a specialist lawyer in Málaga speeds up the procedures and avoids procedural errors.
Yes, but in second-hand homes the deadline expires 6 months from the delivery of keys. You will need an expert report that proves the defect was pre-existing, hidden and serious. In new construction, the LOE establishes deadlines of 1 year (finishes), 3 years (habitability) and 10 years (structural).
You must obtain the VFT license and register in the Andalusia Tourism Registry. Verify that your homeowners’ association bylaws do not explicitly prohibit it, and comply with the specific regulations of the Málaga City Council. Operating tourist rentals without a license can result in serious penalties.
Yes. The Horizontal Property Law allows challenging agreements contrary to the law, to the bylaws or seriously harmful to any owner. The deadline is 3 months from notification of the minutes (or 1 year if the agreement is contrary to law). To have standing you must be current on community fee payments.
Multidisciplinary Coverage at Orozco and Associates
The real estate market frequently collides with other legal branches. Our specialist lawyers offer comprehensive cross-defense to protect our clients’ rights in all areas: Banking Law: Advisory on mortgage expenses, foreclosures and seizures, floor clauses and second chance law.
Criminal Law: Action against real estate fraud, economic crimes and usurpation (illegal occupation). Civil Law: Disputes over the use of the family home in divorces and inheritances.
Protect your investment starting today
If you need real estate legal advice in Málaga or have an ongoing transaction that requires technical review, our team of attorneys is at your disposal. Call: 952 874 237 Send an Email to the Law Firm