Buying Off-Plan Property in Marbella in 2026: What to Check Before Paying a Deposit

Buying an off-plan property in Marbella can give buyers access to newly built homes before construction is completed, often with a wider choice of units, layouts and locations at an early stage of a development.

However, buying a property that has not yet been completed is different from purchasing a finished home. The buyer may be committing significant funds before being able to inspect the final property, which makes the legal, contractual and financial checks particularly important.

Quick answer: Before paying a significant amount towards an off-plan property in Marbella, buyers should understand exactly what they are signing, appoint an independent lawyer and verify the developer, development, contractual terms, payment schedule and the protections applicable to advance payments.

This guide explains the main points international buyers should consider when purchasing an off-plan property in Marbella in 2026.

What does buying off-plan mean in Marbella?

Buying off-plan means purchasing a property before construction has been completed.

Depending on the stage of the development, the property may exist only through architectural plans and specifications, may already be under construction, or may be approaching completion.

The buyer therefore makes the purchase decision using information such as plans, floor plans, specifications, marketing documentation and contractual documentation rather than solely by inspecting the finished property.

This differs from buying a completed new-build property, where the buyer can normally inspect the actual property before completion.

If you are considering different types of new-build property, read our complete guide to buying new-build property in Marbella in 2026.

What should you check before paying a reservation deposit?

A reservation agreement is often one of the first documents presented when a buyer decides to secure a particular property.

Before signing or transferring money, the buyer should understand:

• which property and any associated parking/storage spaces are being reserved;

• the amount being paid;

• who will receive and hold the money;

• whether and under what circumstances the reservation payment is refundable;

• how long the property will be reserved;

• what happens if the buyer decides not to proceed;

• what happens if the developer does not proceed;

• whether the reservation amount will form part of the purchase price; and

• what document or contract is expected to follow.

A reservation payment should not automatically be assumed to be refundable. The consequences depend on the terms of the document signed and the circumstances of the transaction.

For this reason, buyers should understand the reservation conditions before making payment.

Should you appoint an independent lawyer before paying a deposit?

For an international buyer, appointing an independent Spanish lawyer early in the process can be particularly important.

The lawyer should act for the buyer rather than for the developer, sales agent or other party involved in the transaction.

Depending on the purchase, the lawyer can review the reservation documentation, carry out legal due diligence, examine the purchase contract and check the documentation associated with the development and the payments to be made.

The precise checks required will depend on the property, the development and its stage of construction.

What should your lawyer check about the developer and development?

Legal due diligence should be adapted to the individual transaction rather than treated as a standard checklist that is identical for every development.

Typical areas for review can include the following.

The developer and ownership

The buyer's lawyer can verify the identity of the developer and review the relevant ownership and Land Registry information relating to the development.

Planning and building documentation

The documentation and permissions relevant to the construction should be reviewed according to the stage and circumstances of the development.

This is particularly important because the legal framework and documentation applicable during construction are not necessarily the same as those required when the property is ready for occupation.

The property being purchased

The contract should identify clearly what the buyer is purchasing, including the property itself and, where applicable, parking spaces, storage rooms or other elements.

Plans and specifications should also be reviewed carefully.

Specifications and finishes

Buyers should retain the contractual documentation describing the materials, installations, finishes and other characteristics of the property.

Marketing images can help visualise a project, but the contractual documentation is fundamental for establishing what is actually being purchased.

Expected completion

The contractual documentation should be reviewed carefully regarding expected completion and delivery, including the provisions dealing with possible delays.

How are advance payments protected when buying off-plan in Spain?

This is one of the most important issues in an off-plan purchase.

Spanish legislation establishes specific protections for certain advance payments made by purchasers during the construction of residential property.

Under the applicable provisions of Spain's Building Regulation Act (Ley de Ordenación de la Edificación), developers receiving advance payments for the construction of homes must, from the granting of the building licence and in the circumstances established by law, guarantee the repayment of covered amounts through an authorised surety insurance policy or a joint and several bank guarantee if construction does not begin or the property is not completed within the agreed timeframe. The legislation also provides for advance payments to be deposited through a special account under the statutory framework.

The legal framework also provides that the guarantee extends to the covered advance amounts, including applicable taxes, plus legal interest in the circumstances established by law.

This does not mean buyers should simply assume that every payment made at every stage is automatically protected in every circumstance.

Before making significant advance payments, the buyer's lawyer should verify how the statutory protections apply to the particular transaction and review the relevant guarantee and payment documentation.

How do stage payments work when buying off-plan?

Off-plan purchases commonly involve payments at different stages rather than payment of the entire purchase price at the beginning.

The exact structure varies between developments and should be established in the contractual documentation.

A purchase might involve a reservation payment, further payments after signing the private purchase contract, additional contractual instalments during construction and the outstanding balance at completion.

There is no single payment schedule that should be assumed to apply to every development.

Before committing to the purchase, buyers should understand:

• the total purchase price;

• every scheduled payment;

• the date or event triggering each payment;

• where each payment must be made;

• the applicable taxes and costs; and

• what contractual and statutory protections apply to the amounts paid.

Buyers should also budget for the taxes and additional expenses associated with the purchase. For a detailed breakdown, including VAT, AJD and worked examples, read our guide to taxes and costs when buying new-build property in Marbella in 2026.

What should the private purchase contract include?

The private purchase contract is a key document in an off-plan transaction and should be reviewed by the buyer's lawyer before signature.

Depending on the transaction, important provisions may include the identification of the parties and property, purchase price, payment schedule, specifications, expected completion arrangements and the respective obligations of the buyer and developer.

The contract should also be reviewed for provisions dealing with changes to the project, delays, contractual default and the circumstances in which either party may have rights to terminate or seek other remedies.

Spanish consumer legislation requires relevant pre-contractual information concerning the principal characteristics and legal and economic conditions to be provided clearly, comprehensibly and sufficiently before the consumer becomes bound.

What happens if construction is delayed?

A delay does not necessarily produce the same legal consequence in every off-plan purchase.

The outcome can depend on factors including the contractual completion provisions, the extent and cause of the delay and the applicable law.

Buyers should therefore avoid relying solely on an estimated completion date contained in marketing material.

The purchase contract should be reviewed to understand the agreed timetable and what provisions apply if completion does not occur as anticipated.

If a significant delay occurs, the buyer should obtain advice from their independent lawyer about the contractual and legal options available in their particular circumstances.

Can you make changes to an off-plan property?

One potential attraction of buying during construction is that some developers may allow buyers to select certain finishes or request modifications.

The possibilities vary considerably between developments and often depend on how far construction has progressed.

Buyers considering modifications should establish:

• which changes are permitted;

• the deadline for requesting them;

• whether there is an additional cost;

• whether changes affect the delivery schedule; and

• how the agreed modifications will be documented.

Any important change should be properly recorded rather than relying only on informal conversations.

What should you check before completing the purchase?

As construction approaches completion, buyers should prepare for a different stage of due diligence.

The precise documentation required depends on the development and circumstances, but the buyer and their professional advisers should check that the documentation necessary for completion and occupation is in order.

In Andalucía, occupation of completed buildings is governed by the applicable urban-planning framework, which includes the use of a declaration of responsibility for occupation or use (declaración responsable de ocupación o utilización) in the circumstances established by the legislation.

This is why buyers should not assume that every Marbella property will necessarily be documented through the traditional form of an old-style Licencia de Primera Ocupación.

We explain this issue in more detail in our guide:

Buying a Property Without an LPO in Marbella: Risks and What to Check

Before completion, buyers may also arrange an inspection or snagging review to identify visible defects or items requiring attention.

Buying off-plan as an international or non-EU buyer

Foreign nationals can purchase property in Spain, but purchasing property and obtaining the right to reside in Spain are separate matters.

International buyers may also need to coordinate practical matters such as obtaining an NIE, arranging legal representation, transferring funds and satisfying the documentation required by the professionals and financial institutions involved in the transaction.

For non-EU purchasers, we have prepared a separate guide:

Buying Property in Marbella as a Non-EU Citizen in 2026: What You Need to Know

That guide explains the distinction between purchasing property and immigration or residence status following the changes to Spain's former investor residence regime.

Off-plan vs completed new-build property

Neither option is automatically better. The appropriate choice depends on the buyer's priorities, timetable and the particular development.

For buyers comparing current opportunities, Valthera Homes provides a selection of new-build properties and developments on the Costa del Sol.

Step by step: buying an off-plan property in Marbella

A typical purchase can involve the following stages, although the exact process varies by development:

1. Define your property requirements

Establish the preferred location, budget, property type, intended use and approximate timeframe.

2. Compare developments and units

Review available developments, individual units, floor plans, specifications and expected completion.

3. Appoint an independent lawyer

Ideally, legal advice should begin before significant contractual commitments or payments are made.

4. Review the reservation terms

Understand what is being reserved, the amount payable and the circumstances governing the reservation payment.

5. Complete legal due diligence

Your lawyer reviews the legal and contractual documentation relevant to the particular development and purchase.

6. Review and sign the private purchase contract

The contract establishes the principal terms governing the transaction.

7. Make contractual stage payments

Payments are made according to the agreed schedule, with the applicable protections and documentation checked by the buyer's lawyer.

8. Monitor construction

The buyer can follow progress and deal with any permitted selections or modifications within the developer's deadlines.

9. Inspect the property before completion

Where appropriate, a pre-completion or snagging inspection can identify visible issues requiring attention.

10. Complete the purchase

Once the relevant legal and completion requirements have been checked, the transaction proceeds to completion and the remaining purchase price is settled according to the contractual arrangements.

Where to buy off-plan property in Marbella

Marbella contains several distinct residential areas, and the availability of off-plan developments changes over time.

Buyers can explore our guide to new developments in Marbella to compare the principal areas and current new-build opportunities.

Depending on lifestyle, location and property requirements, buyers may also want to explore East Marbella, San Pedro de Alcántara and other locations across the Costa del Sol.

For buyers comparing two well-known coastal markets, our guide to Golden Mile vs New Golden Mile explains the differences between these locations.

The appropriate location depends on the buyer's requirements rather than on a single area being universally preferable.

How Valthera Homes helps off-plan buyers

Valthera Homes specialises in new-build properties and developments across the Costa del Sol.

We help buyers compare developments, locations, property types and available units based on their requirements.

During the purchase process, we can coordinate with the developer and the buyer's independent professional advisers, assist with property selection and follow the transaction from the initial search through construction and completion.

Our buyer-side property search and assistance service is provided without an additional agency fee to the buyer.

Explore new developments or contact Valthera Homes to discuss your property requirements.

Frequently Asked Questions

Can foreigners buy off-plan property in Marbella?

Foreign buyers can purchase off-plan property in Marbella. International buyers should obtain appropriate independent legal and, where relevant, tax or immigration advice according to their individual circumstances.

Is it safe to buy off-plan property in Marbella?

Off-plan purchases are subject to legal and contractual protections, but every transaction should be assessed individually. Buyers should carry out appropriate due diligence and have the contractual and payment documentation reviewed before committing significant funds.

Are off-plan deposits protected in Spain?

Spanish legislation establishes protections for certain advance payments made during residential construction, subject to the applicable statutory requirements. Buyers should have their lawyer verify the protection applicable to each payment in their particular transaction.

Do I need a bank guarantee for an off-plan property?

Spanish law provides for advance-payment protection through an authorised surety insurance policy or a joint and several guarantee from an authorised credit institution in the circumstances established by the legislation. The buyer's lawyer should verify the documentation applicable to the individual purchase rather than assuming that every payment is covered automatically.

When do I pay for an off-plan property?

The payment schedule depends on the development and contract. It may include a reservation payment, payments associated with the private purchase contract, contractual instalments during construction and a final balance at completion.

What happens if an off-plan property is delayed?

The consequences depend on the contract, circumstances of the delay and applicable law. Buyers experiencing a material delay should obtain advice from their independent lawyer about their specific contractual position.

Can I buy an off-plan property in Marbella from abroad?

International buyers can manage much of the purchasing process from abroad with appropriate professional representation. The exact arrangements depend on the transaction and the documentation required.

Can I get a mortgage for an off-plan property?

Financing may be available, but lending criteria, timing and amounts depend on the lender and the buyer's circumstances. Buyers requiring finance should investigate their options early rather than assuming that a particular mortgage amount will be available at completion.

What should I check before completing an off-plan purchase?

Before completion, buyers and their professional advisers should review the property's completion status, contractual specifications, relevant legal documentation, outstanding payments and any issues identified during the pre-completion inspection.

Important information

This guide provides general information about buying off-plan property in Marbella and does not constitute legal, tax, financial or immigration advice. Buyers should obtain independent professional advice appropriate to their individual circumstances.