Property lawyer Costa del Sol: here's what they actually check before you buy, including the April 2025 rule change on holiday rentals and how to find out what can be built on the plot next door.
Most buyers never check whether a property can actually be rented, until it's too late
A property lawyer Costa del Sol buyers can trust makes all the difference in a foreign purchase, yet for many international buyers, hiring one isn't automatic. In plenty of home countries, it simply isn't customary: the agent, the bank, or the notary is assumed to cover everything. Here, that assumption can be costly. A local property lawyer isn't a box to tick; it's the person making sure that what you're buying is exactly what you think you're buying, in a language and legal system that likely aren't your own.
What Your Property Lawyer Actually Does For You
Before any contract is signed, your lawyer's job is to protect your side of the deal, something the notary, despite handling the legal formalities on signing day, is not there to do. Their role runs from the moment you find a property to well after the keys are in your hand:
Your foreign tax identification number, which you'll need on the day of signing and which your lawyer arranges on your behalf.
Checking the title is clean and correctly registered, that there's no outstanding debt attached to the property, and that community fees and local taxes are paid up to date. This is also where any extensions or alterations built without permission come to light, and whether they can still be legalised.
From the initial reservation agreement through to the final deed, making sure the terms actually protect you as the buyer.
Transferring utilities, registering with the town hall, and making sure everything is in your name going forward.
It's a lot of ground to cover, and most of it happens quietly, behind the scenes, while you focus on the property itself. But one part of that due diligence has become especially important over the last year, and it's the one buyers are least likely to ask about upfront.
Can You Actually Rent It Out?
Ask most buyers why they're purchasing on the Costa del Sol, and holiday rental income is often part of the answer. Ask them how they know the property can legally be rented out, and the honest answer is usually: someone told them so during a viewing.
That's not good enough anymore, and it hasn't been since April 2025, when the rules quietly flipped:
A community of owners had to actively vote against holiday rentals to ban them. Silence effectively meant rentals were allowed.
A community must actively vote in favour of holiday rentals, with a 60% owner majority, before they're permitted at all.
No vote, or no majority, means no short-term rentals, regardless of what an agent may have told you during a viewing. On top of that, the picture varies town by town. As things stand:
Marbella
New licences currently being issued for both apartments and villas.
Estepona
New licences currently being issued for both apartments and villas.
Mijas Costa
New licences currently being issued for both apartments and villas.
Benalmádena
New licences currently being issued for both apartments and villas.
Fuengirola
New licences halted for apartments specifically. Villas may still qualify, this needs individual confirmation.
Málaga City
All new licences suspended from August 2025 through August 2028.
What Can Be Built on the Plot Next Door?
Rentability isn't the only question buyers forget to ask; what's planned for the surrounding area comes up just as often.
We regularly have clients who fall in love with a property, only to later wonder what could be built on the empty plot next door, or behind it, a few years down the line.
That's not something you can tell just by looking. It requires checking the local urban planning classification for neighbouring land: is it zoned for residential building, is there already a project filed, is it protected land that can't be developed at all. It's a detail that rarely comes up during a viewing, but one that can materially affect both your enjoyment of the property and its future value.
Why a Good Agent Matters Here Too
A lot of this can, and should, start well before a lawyer ever gets involved. A good agent already has access to much of this information and can flag potential issues early, saving buyers from falling in love with, and wasting time on, a property that was never going to work for their plans.
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1The agent pre-screens Flagging whether an extension looks unpermitted, whether a neighbouring plot is buildable, or whether a property sits in an area where rental licences have become harder to get.
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2The lawyer confirms it legally Turning "this looks fine" into a legally verified fact you can rely on before you commit.
Agent and lawyer aren't doing the same job twice; a sharp agent narrows the field, and the lawyer makes it official.
Frequently asked questions
Do I need a lawyer to buy property in Spain?
It isn't a legal requirement, but it's strongly recommended, especially for international buyers. A lawyer handles due diligence, contracts, and your NIE, and protects your interests in a way the notary is not there to do.
What changed with short-term rental rules in 2025?
Since April 2025, a community of owners in Andalusia must actively vote in favour of holiday rentals, with a 60% majority, before they're allowed. Previously the opposite was true: rentals were allowed unless a community voted to ban them.
Can my agent tell me if a property can be rented out?
A good agent can flag likely issues early based on what they know about the area and the community. But a definitive answer requires a lawyer reviewing the community statutes and current local rules directly.
Which towns on the Costa del Sol still issue rental licences?
As things stand, Marbella, Estepona, Mijas Costa, and Benalmádena are still issuing new licences. Fuengirola has restricted new licences for apartments, and Málaga city has frozen all new licences until August 2028.
How do I find out what can be built on the plot next door?
Your lawyer can check the local urban planning classification for neighbouring land to confirm whether it's zoned for building, already has a project filed, or is protected from development.
What does a property lawyer in Spain actually do?
Beyond the rental and planning checks above, your lawyer arranges your NIE, carries out full due diligence on the title and any debts, drafts and reviews your contracts, and handles the utility and town hall changeover after completion.
Let's make sure the property you buy is one you can actually use as planned
Whether you want to know if a specific property can be rented out, or simply want to be put in touch with a lawyer we trust, we're happy to help.