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Marbella , 27 /11 /2025 Buying or Selling Property in Southern Spain: A Practical Guide Based on 30 Years of Real Experience
The Procedure for Selling a Property in Spain 2. Essential Documentation Before Placing the Property on the Market
2. Essential Documentation Before Placing the Property on the Market -----------------------------------------------------------------
Before offering a property for sale, it is always advisable to “start from the foundations rather than the roof”. In other words, preparing the required documentation in advance will save time, prevent unnecessary complications, and ensure that the sale process runs smoothly.
My consistent recommendation to clients is to gather all the relevant documents before the property is placed on the market. Consulting with a lawyer at this stage is highly beneficial, as the lawyer can identify precisely which documents will be required during the sale process and ensure that everything is properly organised from the outset. This approach avoids delays and inconveniences. If a prospective buyer finally appears and the sale process becomes complicated simply because a document is missing—one that could have been obtained weeks earlier—the seller may face avoidable frustration and potential setbacks.----------------------------------------------------------------------------------------------------------
2.1. Peculiarities of the Costa del Sol --------------------------------------------------------------------------------------------------------------
One peculiarity of the Costa del Sol market—where I carry out my professional activity—is that the urban planning scandals that affected Marbella many years ago created widespread concern among buyers. These events triggered a new level of scrutiny, leading purchasers and lawyers to request a variety of documents which, before that period, were rarely, if ever, required.-------------------------------------------------------------------
For example, requesting a Licence of First Occupation (Licencia de Primera Ocupación) for a property was historically unusual. Developers were not commonly expected to provide it, and most transactions were completed merely with the Final Building Certificate and the Deed of New Construction. However, as a consequence of the urban planning irregularities and legal proceedings that took place, buyers began to demand additional certificates and confirmations of legal compliance.----------------------------------------------------------------------------------------------------------------------
Among these, two documents have become particularly relevant:----------------------------------------------------------------------------------------------------------------
• Licence of First Occupation (LFO) – A useful document, but one which does not on its own guarantee full compliance with current planning regulations.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
• Urban Planning Non-Infraction Certificate – A certificate issued by the local Town Hall, although its content varies significantly depending on the municipality.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
In the municipality of Mijas, for instance, the Non-Infraction Certificate is limited in scope. It only confirms whether any unauthorised extensions or building works have been carried out without the necessary licence, and whether any administrative infringement proceedings have been initiated in recent years. In practical terms, it merely states that no sanctioning procedure has been recorded in the municipal archives, which does not in itself confirm full compliance with the current urban planning regulations.----------------------------------------------------------------------------------------------------------------------------
Conversely, in Marbella, the same certificate tends to be much more comprehensive. Owing to the historic irregularities mentioned earlier, Marbella Town Hall typically issues a detailed report addressing several aspects: whether the property has an LFO, whether it complies with the applicable urban planning regulations, whether there have been court rulings or administrative proceedings affecting the licence, whether any licences have been annulled, revoked, or are under review, and other matters of legal significance. Thus, the content of the certificate in Marbella provides a broader and more meaningful overview for both seller and buyer.------------------------------------------------------------------------------------------------------------------------
2.2. Practical Recommendation---------------------------------------------------------------------------------------------------------------------------------------------------------
Regardless of whether the property is located in Marbella, Estepona, Mijas or any other municipality, it is always advisable to obtain the Urban Planning Non-Infraction Certificate in advance. The process is simple, it may be requested by the seller’s lawyer or by the seller directly, and the issuance time is generally reasonable (although somewhat longer in Marbella).--------------------------------------------------------------------------------------------------
In addition, the seller should have ready the standard documentation typically requested in any transaction: the title deed (escritura de compraventa), recent IBI and rubbish tax receipts, and other basic information that the real estate agency or the buyer’s representatives may require.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
This set of documents should also include the Energy Performance Certificate (EPC), which is a mandatory requirement for properties placed on the market. The EPC is inexpensive, quick to obtain, and issued by a qualified technician. It has a validity of ten years from the date of issuance. Although many sellers and agencies neglect to prepare it in advance, my advice is always to secure this certificate before the property is publicly listed, thereby avoiding last-minute delays or compliance issues.----------------------------------------------------------------------------------------------------------------------------------------------
However, in current practice, obtaining the Urban Planning Non-Infraction Certificate remains one of the most important preparatory steps. Even if the buyer’s lawyer intends to request it, having it available from the outset allows the seller to proceed more efficiently and demonstrates transparency and preparedness.---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MyProfessionalExperience: In my professional experience, preparing the complete set of documents—particularly the Urban Planning Non-Infraction Certificate and the Energy Performance Certificate—greatly reduces delays, increases buyer confidence, and ensures a smoother, more secure and more efficient sale process.
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Final Note
This guide is not just for British clients — it is written for all English-speaking buyers and sellers who wish to invest or sell in the Málaga region and the Costa del Sol.
If you are planning a property transaction in Spain, this guide is meant for you.
Buying or selling property in Spain can be a safe and rewarding experience — provided you know how the system works and who to trust.
With over 30 years of professional experience and a dual legal and cultural background, my goal is to help you make that process transparent, secure, and successful.
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Ricardo Gantes Ludgate
Lawyer
http://www.rgllawyersinspain.com
rgllawyers@gmail.com
I am at your disposal for any queries you may have
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Calle Sierra Blanca, 2 , 4ºC
29602 Marbella
Málaga (España)
T + 34 952824522 · F + 34 952902463
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