June 2026 is an interesting moment to be a non-EU buyer considering property on the Costa del Sol. Spain's proposed 100% tax on non-EU resale purchases has generated headlines for 18 months — but as of this writing, it has not passed. Reuters confirmed in March 2026 that the bill had stalled in Congress and had not even been debated. The process below reflects the law as it stands today: open, accessible, and no different for a buyer from Toronto, Geneva, or Moscow than it is for a buyer from Paris.

There is, however, one important planning note. If the proposal ever does pass — which legal experts consider unlikely in its current form — new-build properties are explicitly exempt, as they are subject to IVA (VAT) rather than the transfer tax the proposal targets. For non-EU buyers, this makes the new-build and off-plan market on the Costa del Sol especially compelling right now.

Step 1: The 100% Tax Proposal — What You Actually Need to Know

The proposal, submitted to parliament in May 2025, would impose a supplementary tax on resale property purchases by non-EU, non-resident buyers. It has not become law. As of spring 2026, reporting indicated the proposal had stalled politically and lacked sufficient support in Congress. Spain's Prime Minister Pedro Sánchez's plan to tax non-EU property buyers up to 100% of the value of the purchase has stalled due to difficulties in gaining the needed support from political minorities.

Even if a version eventually passes, it would apply only to non-EU, non-resident buyers of resale (second-hand) properties — new builds would be exempt. The practical implication: buyers focused on off-plan and new-build developments from Fuengirola to Marbella face no additional tax exposure under any current proposal. Monitor the situation, but do not let it paralyse a decision based on today's law.

Step 2: Can You Actually Buy? (Yes — No Restrictions)

As of 2026, the fundamental rule remains unchanged: foreigners are legally allowed to purchase property in Spain, regardless of nationality. Spain places no general ban on foreign ownership of residential property. EU and non-EU buyers can own freehold property in Spain. There are no foreign ownership quotas, no approval processes, and no investment review board to navigate for a standard residential purchase.

One critical update: the purchase process retains familiar steps but includes a notable change with the discontinuation of the Golden Visa programme — this visa, which allowed non-EU citizens to obtain residency by investing €500,000 in Spanish real estate, ended on April 3rd, 2025, and is no longer available in 2026. If residency is your goal alongside property ownership, your options are now the Digital Nomad Visa (€2,646/month minimum income in 2026), the Non-Lucrative Visa, or the Beckham Law regime. Owning property alone no longer confers any residency rights.

Step 3: The Search — Portals, Boutique Agencies, and Off-Market Access

Portals like Idealista and Kyero give you a solid overview of the listed market. Idealista is the most comprehensive for Spain, with tens of thousands of Costa del Sol listings covering everything from a €220,000 apartment in Fuengirola to a €4.5 million villa on the Marbella Golden Mile. Kyero skews toward international buyers and is well-translated into English, French, and German. Both are useful for calibrating price per square metre by area.

What portals cannot give you is off-market access. The best new-build and off-plan opportunities on the Costa del Sol — particularly boutique developments of 8–20 units in Nueva Andalucía, Benahavis, or El Higuerón — are often allocated to trusted agencies before they hit any portal. A developer with a 12-unit project in Mijas Costa does not need to advertise on Idealista when two or three local agencies have buyers waiting. Working with an agency that speaks your language — English, French, or Russian — means you receive that WhatsApp before the listing goes public. It also means the developer's lawyer is not translating contracts for you on the fly at the notary.

This is specifically where boutique agencies earn their keep. Mava Signature, operating between Fuengirola and Marbella, works in English, French, and Russian with direct developer relationships across the new-build corridor — and in June, with summer arrivals peaking, the best off-plan units in completed or near-complete developments tend to move quickly.

Step 4: Making an Offer — The Reservation Contract

When you identify a property, the standard first step is a reservation contract (contrato de reserva). This is a short document — typically one or two pages — that removes the property from the market while your lawyer conducts initial checks. The accompanying deposit is usually €3,000–€10,000 for a resale property; for new-build, developers often ask for a fixed reservation fee of €5,000–€6,000.

The reservation deposit is generally refundable if the deal falls through during due diligence — but verify this in writing before paying. On new-build purchases, the reservation fee is typically non-refundable once you proceed to the private purchase contract. Never pay a reservation deposit without first verifying who holds it — it should sit in a client account, not the developer's operating account.

Step 5: Get Your NIE — Earlier Than You Think

The NIE (Número de Identidad de Extranjero) is a unique identification number for foreigners in Spain and is required for legal and financial procedures like buying property, opening a bank account, working, or paying taxes. Without a NIE, the notary cannot complete the property transaction.

You apply at a Spanish Police Station (Oficina de Extranjería) in Málaga, or at a Spanish consulate in your home country — Toronto, New York, Paris, Brussels, Zurich, or Moscow. In 2026, you should apply at least three months before completion. The current backlog in cities like Málaga means a last-minute NIE is almost impossible without professional help. The NIE tax fee in 2026 is €12. Your lawyer can handle this with a power of attorney if you are not in Spain — standard practice for overseas buyers. Open your Spanish bank account at the same time; you will need it for all tax payments, utility direct debits, and community fees.

Step 6: The Private Purchase Contract (Contrato Privado de Compraventa)

Once due diligence is complete, buyer and seller sign the private purchase contract — the binding commitment to proceed. At this stage, the buyer pays 10% of the purchase price as a deposit. On a €400,000 apartment in Mijas Costa, that is €40,000 transferred from your Spanish bank account to the seller's.

This contract sets the completion date (typically 4–8 weeks out for resale; at the completion of construction for off-plan), the final price, and what chattels are included. The arras penitenciales clause — standard in Spain — means that if you walk away, you forfeit the deposit. If the seller pulls out, they owe you double. Read it carefully before signing. Your lawyer should have already confirmed the property is clean at this point.

Step 7: Due Diligence — What Your Lawyer Checks

This is where an independent property lawyer — not the seller's lawyer, not the developer's in-house solicitor — earns every cent of their fee. Expect to pay €1,500–€3,000 (typically around 1% of the purchase price, plus IVA) for a thorough conveyance. Unlike in Northern Europe or the US, the burden of verifying legality falls 100% on the buyer.

Your lawyer will check:

As of early 2026, the main rule that catches foreign buyers off guard is that your tax base may be calculated on a government reference value (valor de referencia) rather than the price you actually pay, which can result in higher taxes even if you negotiate a good deal. Your lawyer should check the cadastral reference value against the agreed price before you commit.

Step 8: Completion at the Notary (Escritura Pública)

Completion takes place before a Notario — a state-appointed official who authenticates the deed of sale. Under Spanish law, property transactions require the involvement of a notary (notario), a land registrar (registrador), and — strongly recommended — an independent lawyer who represents your interests exclusively. You or your lawyer (with a power of attorney) sign the escritura pública, the final balance is paid by banker's draft or bank transfer, and the keys change hands. The notary then registers the sale at the Land Registry. The average notary fee is €1,750, and the fee for registering the property in the Land Registry averages €1,000.

Step 9: Total Purchase Costs — Budget Honestly

When buying property in Spain in 2026, you should generally budget between 10% and 13% of the purchase price to cover taxes and fees. This figure varies significantly depending on whether you are buying a new build or a resale property.

New-build (off-plan or newly completed):

Resale property:

On a €500,000 new-build apartment in Estepona, budget €60,000–€65,000 in taxes and fees on top of the purchase price (approximately CAD $95,000 / USD $70,000 at current rates). That number should appear in your cash planning from day one, not as a surprise at the notary.

ITP or VAT + AJD must be paid within 30 days of the notary signing. Your lawyer handles this payment to the Junta de Andalucía's tax office.

The One Thing That Changes Everything: Getting Started Now

The buyers who lose out on the Costa del Sol in 2026 are not the ones who paid too much — they are the ones who waited too long. The Costa del Sol property market keeps growing, driven by strong tourism, limited supply, and demand for modern, energy-efficient homes. Off-plan units in Benahavis, Nueva Andalucía, and the Fuengirola–Mijas corridor are selling at reservation stage — often before they appear on any portal.

If you are coming out to view this summer — and June is actually a good month to do it before the August heat peaks at 35°C — the sequence matters: start your NIE application before you travel, open your Spanish bank account, appoint a lawyer, and brief an agency that speaks your language and has developer relationships beyond what Idealista shows you.

The Mava Signature team covers the new-build and off-plan market from Fuengirola to Marbella in English, French, and Russian. We know which boutique developments along this corridor are currently in reservation, which are approaching their price increases, and which due diligence issues to watch for. What aspect of the buying process would you like to go deeper on — financing as a non-resident, the off-plan payment structure, or comparing specific neighbourhoods?