You already know you can buy. This is what comes next

The NIE, a valid passport, a Spanish bank account, and proof of the origin of funds are the basic requirements any foreigner needs to buy a property in Spain. We already covered them in detail in our guide on requirements for buying a house as a foreigner, so if you still have questions about any of those points, you should start there.

What generates the most uncertainty usually comes after those first steps: which procedures change depending on your nationality, how to buy if you can’t be physically present in Spain throughout the process, and why choosing the right people to guide you can save you more than one headache.

Being an EU or non-EU citizen changes more procedures than you’d think

If you are a European Union citizen, you can apply for a temporary NIE when you’re only coming to buy and don’t plan to stay, or register with the Central Register of Foreigners if you intend to reside in Spain for more than three months. That registration as an EU resident is an additional step that doesn’t apply to someone who is only looking for a second home.

If you come from outside the European Union, the process goes through form EX-15 at the Foreigners’ Office or the Spanish consulate in your country. The difference arises if you are also applying for a residence permit, for example because you plan to settle in Spain permanently: in that case, you will need the Foreigner’s Identity Card (TIE), a document that certifies your legal residence and that a buyer only looking for a holiday home does not need.

The National Police details the complete NIE application procedure on its official website, including deadlines and required documentation for each situation.

Buying without setting foot in Spain every two weeks: power of attorney

One of the biggest barriers to buying from abroad is thinking you need to travel constantly: to view the property, to sign the deposit agreement, to sign the deed before a notary. In practice, much of that process can be delegated through a power of attorney.

With a properly drafted power of attorney, your representative can sign the purchase agreement, apply for your NIE, arrange the opening of your bank account, and appear before the notary on your behalf. You can grant it before a Spanish notary, at the Spanish consulate in your country, or before a foreign notary as long as the document is subsequently legalised through an apostille, as confirmed by the General Council of Notaries for any foreigner wishing to grant a power of attorney valid in Spain.

This mechanism also resolves a situation that comes up more often than you’d expect: Spaniards living abroad who want to buy a property here, whether to return someday or as an investment. The process is essentially the same: using a power of attorney, with the difference that in their case a NIE is not required because they already hold a DNI.

Why working with a specialised real estate agency makes all the difference

With the demand the Costa del Sol is experiencing right now, many of the most exclusive properties in the area are handled confidentially, as off-market properties. They don’t appear on property portals or in public listings, and the only way to access them is through a local agency with direct contacts in the area.

On top of that, there is everything mentioned above: understanding which procedures apply to you based on your nationality, coordinating the signing if you can’t travel, and verifying that the property is free of encumbrances before signing anything. At Cabanillas Real Estate, we guide you through every step of that process, and if you’re still deciding which area to look in, our guide to buying a house in Estepona covers the rest of the journey step by step.

Let’s start looking for your next home in Spain

Now it’s time to find the specific property that fits what you’re looking for.

If you want to start exploring real options in Estepona and the Costa del Sol, you can browse our selection of properties for sale or contact us directly, and we’ll help you find it.

La entrada What nobody explains about buying a house in Spain as a foreigner se publicó primero en Cabanillas Real Estate.

👉 Are you thinking of buying a house in Spain as a foreigner? Find out which procedures vary depending on your nationality, how to manage the purchase remotely, and what you should check before signing. Read it in our latest article.

What Taxes Does a Non-Resident Pay When Selling in Andalusia?

The three key elements are the Non-Resident Income Tax (IRNR), the 3% buyer withholding, and the municipal capital gains tax (plusvalía municipal). We already explained in detail how each one works, including the reinvestment exemption, in our guide on taxes when selling a property in Spain as a non-resident. Here we focus on what’s added when the property is in Andalusia.

Non-Resident Income Tax (IRNR)

The IRNR taxes the difference between the purchase price and the sale price, at 19% for residents of the European Union, Norway, Iceland, or Liechtenstein, and 24% for everyone else, according to the current rates set by the Spanish Tax Agency. It is filed through Form 210. If you sold your primary residence and you are a resident of one of those countries, you may be exempt if you reinvest the amount in a new primary residence within the following two years: the full requirements are in the article linked above.

3% Withholding on the Sale

When you sell as a non-resident, the buyer withholds 3% of the price and pays it to the Tax Agency through Form 211, as a guarantee that the tax will be paid. If that withholding ends up being more than your final tax liability, you can request a refund of the excess by filing Form 210.

Municipal Capital Gains Tax (Plusvalía Municipal) in Andalusia

Each Andalusian municipality sets its own plusvalía rates. Estepona, Marbella, and Málaga city may apply different coefficients to the same increase in land value, so it’s best to request an estimated amount from your local council before closing the transaction, not after.

What to Check Before Signing the Sale

In addition to the three taxes, there are costs that can come up on the day of signing if you haven’t reviewed them beforehand.

Property Tax (IBI) Up to Date

The Property Tax (IBI) receipt for the current year corresponds to whoever owned the property on January 1, but that doesn’t mean you have to cover the full amount if you sell mid-year. The Civil Chamber of the Supreme Court, in its ruling 409/2016 of June 15, established that, unless otherwise agreed, you may pass on to the buyer the proportional share corresponding to the time each party held ownership. This is a civil doctrine between the parties: the council will still issue the bill to whoever was listed as the owner on January 1, so it’s advisable to put the split in writing in the contract.

Homeowners’ Association Fees Up to Date

If the property is in a development or building with a homeowners’ association, request a certificate confirming all payments are up to date before signing. Outstanding community debt can stall the transaction at the last minute.

The waste collection fee or other municipal charges linked to the property should also be settled. The buyer or notary will usually ask for proof of these payments.

If the property has any pending urban planning charges, for example from a subdivision procedure or unfinished construction work, it’s best to identify them early, as they can affect the price or the feasibility of the sale.

Why Work with a Real Estate Agency Specializing in Estepona

Coordinating the IRNR, the withholding, the plusvalía, and these preliminary costs with your lawyer, your tax advisor, and the buyer is exactly the kind of work we do every day. At Cabanillas Real Estate, we have over six decades of experience managing sales for non-residents in Estepona and the Costa del Sol, and we coordinate every tax and legal step so the transaction reaches signing without surprises.

Need Help Selling Your Property in Andalusia?

If you own a property in Andalusia and are considering selling it as a non-resident, tell us where you are in the process and we’ll let you know which taxes and costs apply in your case. Contact us and we’ll review it together.

La entrada Taxes When Selling a Property in Andalusia as a Non-Resident se publicó primero en Cabanillas Real Estate.

👉 Would you like to learn more about the taxes when selling a property in Andalusia as a non-resident? Read our article to understand the taxes and expenses you should consider before completing the sale.

What is it like to live in Estepona?

The pace of life in Estepona is Mediterranean in the most literal sense: unhurried, orientated towards the outdoors, with the sea as a permanent backdrop. The city has more than 300 days of sunshine a year, 21 kilometres of coastline spread across 17 beaches, and a seafront promenade that connects the centre with the residential neighbourhoods to the west.

What sets Estepona apart from other municipalities on the Costa del Sol is that it has managed to grow without losing its character. The old town preserves traditional Andalusian architecture: cobbled streets, whitewashed facades covered in bougainvillea, shaded squares where people still sit for morning coffee. A few minutes away by car, the developments in the western area and the New Golden Mile offer a completely different profile: modern homes, first-class services, and quick access to the motorway.

That internal variety is one of its main assets. Within Estepona, very distinct areas coexist: the more urban and cultural atmosphere of the old town, the nautical environment of the port with its international dining options, and the gated residential developments to the west — many of them with sea views, international schools, and medical centres in the immediate surroundings.

Advantages (and some disadvantages) of living in Estepona

The climate is the best-known advantage, and for good reason: mild winters that allow outdoor dining almost year-round, long summers tempered by the sea breeze, and a level of humidity that is more manageable than inland areas. For those coming from northern Europe or central Spain, the change is immediate and noticeable.

Security is another factor that consistently comes up among those who already live here. Estepona maintains low crime rates and a sense of tranquillity that is unusual for a municipality of its size with a high tourist component. This makes it especially attractive for families with children and for older people seeking independence without sacrificing safety.

The range of services is comprehensive: international schools, modern medical centres, golf courses, restaurants serving cuisine from around the world, and the Orquidario, one of the most remarkable botanical gardens in Europe. The connection to Marbella (5 minutes) and to Málaga (less than an hour via the AP-7) means that living here does not mean being cut off from anything.

As for disadvantages, it is worth mentioning them honestly. The property market has experienced consistent appreciation in recent years, particularly in areas close to the sea and in new developments, which raises the entry price. During high season, some parts of the centre and the promenade feel the pressure of tourism. The cultural offering has grown, but Estepona remains a medium-sized coastal city: those who need the constant activity of a capital will notice the difference.

What led our clients to buy in Estepona?

Among the clients we have accompanied in recent years, the profiles vary: families from northern Europe seeking permanent residence, British and Scandinavian buyers looking for a second home with good air connections, and professionals working remotely who prioritise quality of life over proximity to a capital city.

What they share, regardless of profile, is that the decision to buy in Estepona is rarely impulsive: they arrive having already compared options, and they choose this city because it offers a balance that other destinations on the Costa del Sol do not achieve at the same price.

The question that comes up most frequently is the area. Estepona is not homogeneous, and choosing between the old town, the port area, or the developments to the west means understanding clearly what lifestyle is being sought, what use the property will be put to, and what budget is available.

For those arriving from outside, that variety can be difficult to navigate without local guidance. In our article on the best areas to live in Estepona you will find a detailed analysis of each neighbourhood with prices and buyer profile.

What clients also frequently tell us is how important it was to have had advice before viewing properties, not after. Being clear on the type of home, the area with the greatest potential, and the legal steps of the process in Spain saves time and avoids decisions that are later difficult to reverse.

Why is it worth having a local estate agent before making a decision?

The Estepona property market has changed rapidly. In areas close to the sea and in new developments, sustained international demand has driven prices consistently upward. This means that real opportunities require speed, market knowledge, and access to properties that do not always appear on general listing portals.

A real estate agency in Estepona with a local presence offers something no portal can provide: context. Knowing which developments have real potential, which are suited to permanent residence and which are better for investment with rental returns, what prices are reasonable by area and property type, and how to navigate the legal documentation of a property purchase in Spain.

At Cabanillas Real Estate we have been working in Estepona and the Costa del Sol for more than six decades. We know the market from the inside, we have access to properties outside the conventional circuit, and we accompany the entire process: from the first visit to the signing.

If you are evaluating whether living in Estepona makes sense for you, we can help you turn that evaluation into an informed decision. For those who also want to understand the broader market context in the region, we have a detailed analysis on why invest in property on the Costa del Sol makes sense.

Frequently Asked Questions About Living in Estepona

How much does it cost to live in Estepona?

The cost of living is lower than in Marbella, although prices have risen in recent years due to international demand. Dinner for two at a mid-range restaurant costs around 50–60 euros, and basic services for a couple come to between 100 and 150 euros per month. The biggest variable is housing: prices vary considerably depending on the area, with significant differences between the old town, the port area, and the developments to the west.

Can you live in Estepona without speaking Spanish?

In practice, yes. English is widely spoken in the city: doctors, lawyers, estate agents, and a good part of local commerce regularly operate in English. The international community is large and well integrated, which makes the transition easier for those who arrive without prior knowledge of the language.

Is it necessary to have a car to live in Estepona?

It depends on the area and lifestyle. Public transport connects Estepona with Marbella and Málaga, and within the urban centre it is possible to get around on foot or by bike. That said, the majority of residents choose to have a car, particularly those living in developments further from the centre or who need to travel regularly to other towns.

Is Estepona better than Marbella for living?

It depends on what you are looking for. Marbella offers more activity, higher-level services, and greater international profile, but at a significantly higher cost. Estepona has a quieter pace, a more human scale, and more contained prices, while maintaining a very similar environment and quality of life. For those who prioritise tranquillity and value for money, Estepona tends to be the more balanced option of the two.

Conclusions

Living in Estepona is a decision that, for those who fit with what the city offers, is rarely regretted. The climate, the surroundings, the security, and the quality of available services make this coastal city one of the most solid options on the Costa del Sol, whether for permanent residence, a second home, or investment. What makes the difference between a good purchase and a hasty decision is always the same variable: local advice before acting.

If you are considering buying in Estepona, we can help you analyse your specific situation and present you with options that genuinely match what you are looking for, avoiding unnecessary viewings and poorly informed decisions. Contact us and tell us what you are looking for. We will help you find it.

La entrada Living in Estepona: Quality of Life on the Costa del Sol se publicó primero en Cabanillas Real Estate.

If you wonder whether the owner can enter the rented property, the general answer is clear: no, unless they have the tenant’s consent, judicial authorization, or an exceptional situation provided for by law occurs. In this article we will examine each of these points in detail.

👉 Would you like to learn more about the taxes when selling a property in Andalusia as a non-resident? Read our article to understand the taxes and expenses you should consider before completing the sale.

Can the landlord enter a rented apartment without permission?

No. The fact that the owner has a copy of the keys, needs to inspect the condition of the property, or that the tenant has not paid rent for months does not give them the right to access the dwelling on their own.

The legal foundation lies in Article 18.2 of the Spanish Constitution, which establishes the inviolability of the home: no entry can be made without the consent of the holder or a court order, except in case of flagrant crime. The Constitutional Court, in its ruling 22/1984, made clear that this protection extends to any space where a person develops their private life, including a rented dwelling.

This means that the tenant converts the rented apartment into their home for all purposes, regardless of who appears as owner in the registry. Any contractual clause that attempts to authorize the landlord to access without the tenant’s consent lacks legal validity.

👉 Are you thinking of buying a house in Spain as a foreigner? Find out which procedures vary depending on your nationality, how to manage the purchase remotely, and what you should check before signing. Read it in our latest article.

Is it mandatory to let the owner of the rented apartment in?

No. The tenant is not obligated to allow the owner to enter without their consent, except in cases of court authorization or a genuine emergency situation.

The Urban Lease Law (LAU) recognizes tenants the right to peaceful enjoyment of the dwelling throughout the duration of the contract. That right is not suspended because the owner wants to make a visit, has doubts about the condition of the property, or is thinking about selling it.

However, this does not prevent both parties from reaching agreements. Owner and tenant can agree on visits, inspections, or the presence of technicians, as long as there is prior authorization and reasonable hours are respected. What the landlord cannot do is impose access unilaterally.

In what cases can access to a rented dwelling be requested?

There are situations in which the owner has a legitimate need to access the property, but in all of them entry must be coordinated in advance with the tenant.

The most common case is that of necessary repairs. Article 21 of the Urban Lease Law (LAU) requires the landlord to carry out conservation and habitability work. If an urgent breakdown occurs, such as a water leak or electrical installation failure, the owner can request access to resolve it. The urgency justifies the request, not unilateral entry.

Another frequent scenario is the inspection of damages. If the owner has reasonable grounds to believe that damage has occurred to the dwelling, they can request a visit to verify it, but they need the tenant’s agreement for that visit to take place.

When the owner decides to put the property up for sale or rental before the current contract expires, they can show the dwelling to potential buyers or new tenants. They must notify in advance and respect the tenant’s schedule. In addition, in case of sale, the tenant has the right of first refusal on the property.

Finally, in a situation of serious and imminent risk, such as a fire or flooding that affects the building’s structure, access can be justified without waiting for express authorization. These are exceptional cases, not a way for routine inspection visits.

In all these scenarios, the recommended practice is to notify the tenant with a minimum of 24 to 48 hours notice and agree on a specific time slot. If the contract includes a clause that regulates the procedure for visits, that clause sets the protocol to follow.

What happens if the owner enters without authorization?

Entering a rented dwelling without the tenant’s consent can have criminal and civil consequences for the owner.

Article 202 of the Criminal Code classifies breaking and entering into a home as a crime: whoever, without living in it, enters another’s dwelling against the will of its occupant can face imprisonment sentences of six months to two years. Property ownership does not exempt from criminal liability.

In addition to criminal proceedings, the tenant can claim damages for violation of their privacy and peaceful enjoyment of the dwelling, which can result in financial compensation. A conflict that begins with an unannounced visit can end in prolonged and costly legal proceedings for the owner.

If there is a dispute over the condition of the property, non-payment of rent, or breach of contract, the appropriate course of action is judicial, not self-help access.

How to avoid conflicts between landlord and tenant?

Most conflicts related to access to a rented dwelling originate from contracts that do not anticipate these situations. Clear wording from the start protects both parties.

The most practical approach is to include in the lease agreement a specific clause that regulates how visits will be managed: the minimum notice required (usually between 24 and 48 hours), the acceptable days and time slots, and the procedure for requesting access in case of repairs or emergencies. Agreeing on this in writing before the problem arises prevents contradictory interpretations later.

If the contract is already signed and does not address these issues, any subsequent agreement about visits or inspections should be documented in writing, whether through an email or message that both parties can keep as a record.

In our experience managing rental properties on the Costa del Sol, situations that lead to conflict almost always have the same origin: lack of communication and absence of well-documented prior agreements. We help draft contracts with clear clauses, coordinate visits between the parties, and mediate when discrepancies arise before they escalate.

If you are thinking about renting a property in Estepona or already have one under lease and need guidance, contact our team.

Frequently Asked Questions

Can the owner enter the apartment if the tenant is not there?

No. The protection of the home does not depend on whether the tenant is present or absent. Entering the dwelling without authorization while the tenant is away equally constitutes a violation of the inviolability of the home and can be constitutive of breaking and entering.

Can the tenant refuse to show the apartment if the owner wants to sell it?

Yes, unless the contract includes a clause that expressly provides for it. If no such agreement exists, the tenant is not obligated to allow visits from potential buyers. It is common for both parties to reach an agreement on days and times, but the tenant’s refusal without a contractual clause is legitimate.

Can the owner enter if the tenant has not paid for months?

No. Non-payment of rent does not authorize the owner to access the dwelling on their own. In that situation, the legal route is to initiate eviction proceedings for non-payment. Until there is a court ruling and eviction is executed, the tenant’s home remains inviolable.

What evidence do I need to report an unauthorized entry?

For a complaint of breaking and entering to have merit, it is advisable to have some type of evidence: messages or emails in which the owner announces or acknowledges the visit, witness testimony from neighbors, recordings from building security cameras, or images of the interior of the dwelling that prove someone was there. Without evidence, the complaint is unlikely to succeed.

Can the tenant change the lock?

Yes. The tenant has the right to change the lock to guarantee their privacy, especially if they have indications that the owner has accessed the dwelling without permission. At the end of the contract, they must restore the original lock or deliver a copy of the new keys to the owner along with the dwelling.

Conclusions

The owner cannot enter a rented dwelling without the tenant’s consent. The Spanish Constitution protects the inviolability of the home regardless of who the property owner is, and the LAU guarantees the tenant the peaceful enjoyment of the dwelling throughout the duration of the contract.

There are exceptional situations, such as urgent repairs or visits for the sale of the property, in which access can be requested. But in all cases, entry must be agreed upon in advance with the tenant, not imposed.

Anticipating these situations in the contract is the most effective way to avoid misunderstandings. If you have doubts about how to manage access to your property or want us to help you draft clauses that protect your interests, you can also consult our article on canceling a lease agreement or contact us directly.

La entrada Can a landlord enter a rented property? se publicó primero en Cabanillas Real Estate.

The tax framework for these operations involves three elements: the Non-Resident Income Tax (IRNR, the tax that levies gains obtained in Spain by those who do not have their tax residence here), a mandatory withholding that the buyer practices on the sale price and, in certain cases, the possibility of being exempt from payment if certain requirements are met. Having professional advice from the start of the process avoids mistakes that later become difficult to correct.

👉 Want to know if a landlord can enter a rented property and what rights a tenant has? Read our full article and find out what the law says.

When is the gain tax-free?

Before going into the tax calculation, it’s worth explaining this point: it’s the most relevant for many non-resident sellers and the least known.

Since 2015, if you reside in a country of the European Union, Norway, Iceland or Liechtenstein, you can be exempt from IRNR on the gain obtained from the sale of your property in Spain, provided that you reinvest that amount in the purchase of a new main residence. The legal basis is the Seventh Additional Provision of the consolidated text of the Non-Resident Income Tax Law.

If the reinvestment is partial, the exemption is applied proportionally to the amount reinvested.

👉 Would you like to learn more about the taxes when selling a property in Andalusia as a non-resident? Read our article to understand the taxes and expenses you should consider before completing the sale.

Requirements to access the exemption

Requirements to access the exemption

For the exemption to be applicable, all of these conditions must be met:

• Residence in the EU or EEA. The seller must be a tax resident in a Member State of the European Union, or in Norway, Iceland or Liechtenstein. Those residing outside this scope cannot benefit from this advantage.
  
• The property sold must have been your main residence in Spain. A residence is considered habitual if you have lived in it effectively and continuously for at least three years. The property can continue to qualify as habitual even if you no longer occupy it, provided that no more than two years have elapsed from when you stopped living in it until the date of sale.
  

This last point has recent case law: the Central Economic-Administrative Court, in its resolution no. 7402/2022 of April 2026, confirmed that the exemption does not apply when the sale occurs more than two years after you ceased to occupy the property. If you abandoned the property more than two years before selling it, the exemption is ruled out except in very specific exceptions.

• Reinvestment within a two-year period. The amount obtained from the sale must be used to purchase a new main residence within a maximum period of two years before or after the transfer. The new property can be in any country, not necessarily in Spain.
  
• Documentation. You must be able to prove both the sale of the main residence in Spain and the purchase of the new one. The Tax Agency requires documentary evidence to recognize the exemption.
  

As for the declaration mechanism: if you already purchased the new property before filing your IRNR return, you can apply the exemption directly in Form 210 using the income type code 33 or 34 depending on the timing of the reinvestment. If you purchase after filing Form 210 and paying the tax, you can request a refund through Form 228 within three months of acquiring the new property.

👉 Are you thinking of buying a house in Spain as a foreigner? Find out which procedures vary depending on your nationality, how to manage the purchase remotely, and what you should check before signing. Read it in our latest article.

What taxes does a non-resident pay when selling a property?

• Non-Resident Income Tax (IRNR). This tax levies the gain obtained from the sale, that is, the difference between the price at which you sell and the price at which you bought it at the time. The applicable rate is 19% for residents in the EU or EEA, and 24% for residents in the rest of the countries, including the United Kingdom, United States or Canada.
  
• Municipal capital gains tax. Its official name is Tax on the Increase in Value of Urban Land, and it is a tax that calculates how much the value of the land has increased between the date you purchased it and the date you sell it. It is collected by the municipality where the property is located. When the seller is a non-resident, the law allows the buyer to act as a substitute for the taxpayer, although in practice the distribution of this cost between the parties is usually agreed upon in the deed.

How the gain is calculated

The gain is obtained by subtracting the original purchase price from the sale price, with some adjustments on both sides. The sale price is reduced by the expenses and taxes of the operation that correspond to the seller. The purchase price is increased by the expenses that were paid at the time: notary, registration, taxes and accredited improvements.

To understand how it works in practice, let’s take a specific case: if the property was purchased for 200,000 euros with 16,000 euros in expenses, and sold for 320,000 euros with 8,000 euros in sale expenses, the gain is 96,000 euros. Applying the 19% rate, the resulting tax would be 18,240 euros, on which a withholding tax will have already been withheld by the buyer.

The 3% withholding: how it works and why it exists

In every sale and purchase in which the seller is a non-resident, the buyer has the legal obligation to withhold 3% of the sale price and remit it directly to the Tax Agency. This withholding exists because the Tax Authority needs to guarantee collection of the tax when the seller has no tax domicile in Spain and may leave without filing their return.

This withholding is not the final tax but a payment on account of the IRNR that the seller will settle later.

The mechanism works like this: at the time of signing the public deed, the buyer withholds that 3% of the agreed price and remits it to the Tax Agency through Form 211 within a maximum of one month from the date of the operation. Once remitted, it delivers a copy of the payment receipt to the seller.

The seller therefore receives the sale price minus that 3%. That withheld amount remains in their favor as a credit against the Tax Authority: when they file their own return, they will deduct it from the resulting tax liability.

If the 3% withholding exceeds the final calculated tax, the seller can request a refund of the excess. If the withholding is less than the tax liability, they must pay the difference. If the operation has resulted in a loss, there is no tax to pay and the entire withheld amount can be claimed by filing Form 210 with that result.

Deadlines for filing after the sale

The non-resident seller has four months from the date of the deed to file their self-assessment: the buyer has one month to submit Form 211, and the seller has three additional months from that deadline to file Form 210.

Professional advice for non-residents on the Costa del Sol

We have been managing real estate operations in Estepona and the Costa del Sol for over six decades, with a significant presence of international buyers and sellers. We understand the tax implications of these transactions and we work with a specialized legal department that accompanies the seller at each step of the process: from property valuation to tax management after signing.

If you have a property in Estepona and are considering selling it, contact us. We analyze your situation, evaluate whether you can apply the reinvestment exemption and we ensure that the operation closes correctly.

La entrada Taxes when selling a property in Spain if you don’t live here se publicó primero en Cabanillas Real Estate.

In most cases, the key is in the origin of the damage: if the breakdown is a consequence of natural wear and tear or a structural problem, responsibility falls on the landlord. If it derives from daily use or negligence, it corresponds to the tenant. But between one extreme and the other there is a gray area that is worth knowing well before taking action.

👉 Want to know if a landlord can enter a rented property and what rights a tenant has? Read our full article and find out what the law says.

What the law says about repairs in a rental

The legal framework that regulates this matter in Spain is the Urban Lease Law (LAU). Its article 21 establishes the general principle: the landlord is obliged to carry out all necessary repairs to keep the dwelling in habitable conditions, except when the deterioration is attributable to the tenant.

The same article contains the counterpart: small repairs required by ordinary wear and tear of the dwelling are the responsibility of the tenant.

This distinction between maintenance repairs and small repairs is the axis on which the entire distribution of responsibilities turns. When there is doubt about which of the two groups a specific breakdown falls into, case law also resorts to article 1563 of the Civil Code, which establishes a presumption of tenant liability: whoever occupies the dwelling is responsible for the deterioration unless they prove otherwise.

👉 Would you like to learn more about the taxes when selling a property in Andalusia as a non-resident? Read our article to understand the taxes and expenses you should consider before completing the sale.

Repairs the landlord must pay for: which fixes correspond to the landlord

The landlord must assume everything necessary for the dwelling to be inhabited normally. These repairs cannot be passed on to the tenant through the rental price nor justify a rent increase.

These are the landlord’s responsibility, including:

• Plumbing, electrical and gas installations: breakdowns due to age or structural wear, not caused by the tenant.
  
• Structural elements: floors, ceilings, facades, roofs, downpipes. If the damage affects the property itself, the general rule is that the landlord pays.
  
• Moisture and leaks: when they have a structural origin or come from the building, they are the responsibility of the landlord.
  
• Appliances included in the contract: if the apartment was rented furnished with a washing machine, dishwasher or other appliances, the landlord must repair or replace them when they fail due to age or manufacturing defect.
  
• Boiler and water heater: the repair corresponds to the landlord unless the damage is attributable to proven misuse.
  

A practical criterion: if the repair affects the property as a structure and not movable goods for daily use, it is usually the landlord’s responsibility.

Repairs the tenant must pay for: what the person living in the apartment must assume

The tenant is responsible for small repairs resulting from the daily use of the dwelling. The LAU does not set an exact amount to define what is “small”: it is case law that has been building interpretive criteria. The courts have recurrently used an approximate reference of 150 euros, although there are judgments that instead apply the criterion of 50% of the replacement value of the item. In practice, the amount is only one of the factors: the origin of the damage and the type of element affected also matter.

Repairs typically the responsibility of the tenant:

• Burnt-out light bulbs.
  
• Faucets or cisterns that leak from wear and tear.
  
• Blinds and locks broken from regular use.
  
• Small defects in furniture included in the dwelling, caused by accident or misuse.
  
• Appliance filters and basic maintenance (cleaning washing machine filters, extractor, etc.).
  
• Damage caused by misuse: any breakdown that the tenant has caused through improper use, regardless of the amount, is their responsibility.
  

If the tenant detects a breakdown and does not report it to the landlord, damage resulting from that failure can also fall on the tenant, even if the original cause was beyond their conduct.

Special cases and doubtful situations

Some situations don’t fit neatly into either category and generate the most common disputes.

Appliances: it depends on the cause of the failure

If the washing machine breaks due to age or defect, the landlord pays. If the damage is due to misuse, the tenant assumes it. When there is doubt about the cause, it is advisable to request a technical report before taking action.

Boiler: maintenance vs breakdown

The mandatory annual maintenance of the boiler is usually considered an obligation of the tenant, as it is part of the proper use of the property. The repair of a serious breakdown or the replacement of the unit at the end of its useful life corresponds to the landlord.

Moisture and leaks: the origin determines everything

A structural leak or one coming from an upper floor is the landlord’s responsibility. If moisture appears because the tenant does not ventilate adequately, responsibility can be reversed. Documenting the condition of the dwelling at the time of delivery, with dated photographs, is the best way to avoid disputes about this.

Age of installations

When an installation fails simply because it has reached the end of its useful life, the repair corresponds to the landlord even if the tenant has used it normally. Age does not make the breakdown the tenant’s responsibility.

How to manage a repair without it turning into conflict

Most conflicts between landlords and tenants over repairs are not born from bad faith, but from failing to establish the rules from the beginning.

Always communicate in writing

The tenant must notify the landlord of any breakdown in a reliable manner, preferably by certified mail or registered letter. A verbal communication or WhatsApp message may not be sufficient if the matter reaches a court.

Review the contract before acting

Many contracts include specific clauses that expand or clarify legal obligations. What is agreed upon always prevails provided it does not harm the minimum rights recognized by the LAU. If there is doubt about the interpretation of any clause, the most prudent course is to consult with a professional before carrying out the repair at your own expense.

Do not deduct repairs from rent without prior agreement

The tenant can only pass on the cost of an urgent repair to the rent if the landlord has expressly authorized that compensation in writing. Doing so unilaterally can be interpreted as partial non-payment. If the landlord refuses to carry out a repair necessary for habitability, the tenant can claim in writing and even, in serious cases, terminate the lease agreement.

Landlords in Estepona: why professional management makes the difference

The rental market in Estepona and the Costa del Sol has a particularity that amplifies the risk of conflicts: a significant proportion of tenants are international profiles unfamiliar with the Spanish legal framework. In that context, a poorly drafted contract or poorly managed communication can turn a minor breakdown into a prolonged problem.

Having an agency that manages the rental comprehensively changes the situation: the contract includes maintenance and repair clauses from the start, incidents are channeled through a clear protocol, and neither party is left unprotected when an unexpected situation arises.

At Cabanillas Real Estate we have been managing rental contracts in Estepona and the Costa del Sol for over 65 years. If you have a rental property and want to prevent a poorly managed breakdown from turning into a conflict, contact our team. We will assess your situation and advise you on the most appropriate contractual terms.

La entrada Who Pays for Repairs in a Rental Property? se publicó primero en Cabanillas Real Estate.

Can a rental agreement be canceled?

Yes, but always within a specific legal framework. The answer depends on several factors: the type of contract signed, the time elapsed since the start of the lease, the clauses agreed upon by the parties, and the current regulations.

In Spain, the reference instrument is the Urban Leasing Act (LAU), which regulates permanent housing rental contracts and establishes the rights and obligations of both landlords and tenants. This law, with its last significant reform in 2019, sets the limits within which the termination of the contract can occur, whether by mutual agreement, by the tenant’s unilateral decision, or due to a breach of contract by either party.

Each scenario has different legal and economic consequences, so it is advisable to understand them before taking action.

When can a rental agreement be canceled?

The situations in which it is legally possible to terminate a rental agreement vary depending on who takes the initiative and at what point in the leasing relationship the parties find themselves.

Termination upon completion of the term

The most natural way to terminate a rental agreement is for it to reach its expiration date. Once the agreed term is met, either party may communicate their intent not to renew, while respecting the notice periods established by the LAU: four months’ notice for the landlord and two months’ for the tenant.

If neither party communicates anything, the contract is automatically extended for annual periods. In this case, silence also carries legal consequences.

Early termination by the tenant

Article 11 of the LAU grants the tenant the right to withdraw from the contract once at least six months have elapsed since the start date, provided they notify the landlord with a minimum of thirty days’ notice. This right is non-waivable: any contractual clause intended to eliminate it lacks legal validity.

If the contract includes a penalty clause for early withdrawal, the tenant must pay an indemnity equivalent to one month’s rent for each remaining year of the contract, prorated based on the pending months. In the absence of such a clause, the landlord cannot demand additional compensation beyond the rent corresponding to the notice period.

Termination due to breach of contract

Both the landlord and the tenant may seek to terminate the contract if the other party breaches their essential obligations. Article 27 of the LAU lists the most common grounds: failure to pay rent or the security deposit, carrying out unauthorized works, subletting without consent, engaging in annoying or illegal activities on the property, or the landlord’s failure to comply with maintenance and habitability obligations. In all these cases, the aggrieved party may resort to legal action to obtain the termination of the contract and, where applicable, compensation for damages.

Vacating the property does not terminate the contract: what the courts say

One of the most widespread beliefs among tenants is that leaving the property is equivalent to terminating the contract. Recent jurisprudence makes it clear that this is not the case.

A ruling by the Provincial Court of Huesca confirmed a sentence ordering a tenant to pay 2,758 euros in unpaid rent, considering that she never formally returned the property to its owner. The key to the case did not lie in whether the tenant was still residing in the building, but in an essential legal element: the lack of evidence of an effective restitution of the possession of the property.

The court focused on the fact that the keys were deposited months later, in March 2024, inside the property itself, with no record of when or under what conditions they were deposited. This lack of proof prevented the court from considering a valid delivery in September 2023 as proven; therefore, the contract remained in force until March 2024, legitimizing the claim for all rents accrued during that period.

This resolution serves as a reminder that both Article 11 of the LAU and Article 1,561 of the Civil Code oblige the lessee to return the dwelling upon termination of the contract, and that this is not equivalent to simply moving out: it requires a real and effective restitution, usually through a formal and verifiable handover of the keys, which allows the owner to inspect the condition of the property.

As long as the effective return of the property is not proven, the tenant remains obligated to pay rent, even if they no longer reside there.

How to correctly cancel a rental agreement?

Following the proper procedure is the only way to cancel a rental agreement without taking unnecessary risks.

Formal notification

Notification of termination must be made in writing and in a verifiable manner. The most recommended method is a burofax, “official registered communication service in Spain” with acknowledgment of receipt and certification of content, as it provides documentary evidence of both the date and the message content. Communication via WhatsApp or verbal agreement may not be sufficient to prove notice in the event of a legal dispute.

Compliance with legal deadlines

The minimum notice period required by law is thirty calendar days. This calculation must be strictly followed: providing less notice than required may result in the obligation to pay the rent corresponding to the unnotified period. If the contract establishes a longer period, the agreement prevails as long as it does not disadvantage the tenant below the legal minimum.

Contract review

Before taking any steps, it is advisable to carefully read the lease clauses. Some contracts include specific conditions regarding penalties, minimum stay periods, or additional requirements for returning the property. A well-drafted contract reduces the risk of conflict for both parties; if any clause raises doubts, the most prudent course of action is to consult a professional before acting. In our blog, you can also find useful information about long-term rentals on the Costa del Sol, with specific guidance on common conditions in this market.

Risks of incorrectly canceling a rental agreement

The consequences of a poorly managed cancellation can extend far beyond the day the tenant vacates the property.

Financial penalties

If the tenant withdraws before the initial six months or fails to respect the notice periods, the landlord may claim the rent corresponding to the unfulfilled period plus the agreed penalty. In scenarios of serious breach, the debt can accumulate for months, as illustrated by the case resolved by the Provincial Court of Huesca.

Legal disputes

A cancellation without documentary support can lead to legal proceedings in which the tenant must prove they returned the property on the date they claim. The burden of proof lies with the person claiming to have fulfilled their obligation, and without reliable documentation, proving this can be impossible.

Loss of guarantees

The security deposit provided at the start of the contract is intended to cover potential damages to the property or unpaid rent. If the landlord proves outstanding debts or damages, they have the right to withhold it in whole or in part. An informal return of the keys without a move-out inspection report leaves the tenant without grounds to claim its refund.

Key factors for property owners in Estepona

The rental market in Estepona maintains sustained demand from both local residents and international profiles looking to settle on the Costa del Sol for extended periods. In this context, correctly managing lease agreements is part of any solid real estate investment strategy.

Prevention begins with the drafting of the contract: including clear clauses on penalties, notice periods, and the key return procedure considerably reduces the risk of subsequent conflicts. It is also advisable to require any relevant communication during the term of the lease to be in writing, especially those related to its termination. For owners with multiple properties, professional real estate asset management allows for the centralization of these processes and the anticipation of legal risks before they become problems.

The role of a real estate agency in contract management

Having the support of a specialized real estate agency in Estepona turns what, in inexperienced hands, could be a source of conflict into an orderly and legally backed process.

An agency with experience in the local market advises landlords and tenants on their rights and obligations from the very beginning, drafts contracts tailored to each situation, manages the property return process, and acts as an intermediary in the event of a disagreement. In Estepona, where the presence of international buyers and tenants is significant, knowledge of Spanish legislation makes a real difference when it comes to avoiding conflicts.

At Cabanillas Real Estate, we handle the comprehensive drafting and management of the rental agreement, advising on the most appropriate clauses for each situation. Throughout the duration of the lease, we act as intermediaries in maintenance management and in supervising the condition of the property.

Conclusions

Canceling a rental agreement is a process with legal and financial consequences that should not be improvised. Communicating the decision in writing with sufficient notice, respecting the deadlines established by the LAU, reviewing the contract clauses, and documenting the return of the property in a verifiable manner are the steps that make the difference between an orderly departure and a prolonged conflict.

The ruling of the Provincial Court of Huesca is a specific reminder that the physical abandonment of a home is not equivalent to the legal termination of the contract. Without a formal and verifiable handover of the keys, the obligation to pay rent remains in effect.

If you are a landlord or tenant in Estepona and need advice on managing or canceling a rental agreement, at Cabanillas Real Estate we can help you. Contact us and our team will analyze your situation with more than 65 years of experience on the Costa del Sol.

La entrada Ending a lease agreement: legal keys before taking action se publicó primero en Cabanillas Real Estate.

Demand for tourist accommodation in the area has continued to grow in recent years. However, this growth has also intensified neighborhood conflicts and pushed lawmakers to act. The result is a regulation that gives more weight to homeowners’ associations and fundamentally changes the conditions under which a tourist apartment can operate in a residential building.

If you are considering investing in properties on the Costa del Sol for vacation purposes, this guide explains everything you need to know.

👉 Want to know if a landlord can enter a rented property and what rights a tenant has? Read our full article and find out what the law says.

What is the Horizontal Property Law?

Law 49/1960 regulates the organization and coexistence in buildings divided into apartments or commercial units with shared elements. It is the legal framework that defines the rights and obligations of each property owner within a homeowners’ association: from the distribution of expenses to the rules governing the use of common areas, as well as the procedures for making collective decisions.

Its scope applies across the entire national territory, although autonomous communities with their own civil law, such as Catalonia, have specific regulations that may differ from the national text. In the case of Andalusia, the national law applies directly, making it especially relevant for those who buy or invest in municipalities such as Estepona, Marbella, or Sotogrande.

The law has undergone several modifications over the years. The most recent—and most impactful for the real estate market—came with Organic Law 1/2025, which entered into force in April 2025 and specifically amended Articles 7 and 17.12 of the law in relation to holiday rentals.

New Horizontal Property Law: what has changed?

Before the reform, the framework was relatively straightforward: a property owner could use their home for tourist rentals unless the community bylaws explicitly prohibited it. If the bylaws said nothing, the owner was free to proceed.

Since April 3, 2025, this logic has been completely reversed. The new Horizontal Property Law requires that any owner wishing to start a short-term rental activity must first obtain express approval from the homeowners’ association. It is no longer enough for it not to be prohibited; it must be actively authorized.

This authorization requires the favorable vote of three-fifths of the total number of owners, who must also represent three-fifths of the building’s ownership shares. The same qualified majority can be used to limit, condition, or prohibit the activity, as well as to approve special fees of up to 20% on common expenses for properties used for this purpose.

The reform responds to growing social pressure in areas with high tourist density, and Estepona is a clear example. The rise of short-term rentals on the Costa del Sol, along with their impact on community coexistence and access to housing, was one of the factors that accelerated the need to regulate this type of activity more precisely.

An important point: the law does not have retroactive effects. Properties that were already registered and legally operating as holiday rentals before April 3, 2025, can continue their activity under the previous conditions. However, the homeowners’ association can still approve, with the same majority, surcharges on their fees or new limitations on the use of common areas.

Tourist rental without permission: what does Article 7.2 say?

Article 7 of the Horizontal Property Law regulates the obligations of property owners and occupants regarding the use of their homes within the community. Following the reform introduced by Organic Law 1/2025, this article now includes three sections relevant to tourist rentals.

Section 7.2 prohibits carrying out in the property or elsewhere in the building activities that are forbidden by the bylaws, harmful to the property, or that violate general provisions on disruptive, unhealthy, harmful, dangerous, or illegal activities. This section already existed prior to the reform and has traditionally been the main legal basis for taking action against neighbors causing disturbances.

The new section 7.3, introduced by Organic Law 1/2025, directly addresses short-term rentals: it establishes that any owner wishing to carry out this activity must first obtain express approval from the homeowners’ association, in accordance with Article 17.12. This amendment clarifies previous legal uncertainties regarding short-term rentals..

When can a neighbor be reported?

Article 7.2 allows action to be taken when the activity is disruptive or harmful to the rest of the community. In the context of tourist rentals, the most common situations include repeated noise outside permitted hours, intensive and conflictive use of common areas such as pools or elevators, behavior that disrupts normal coexistence within the building, and operating a holiday rental without the express authorization of the homeowners’ association required since April 2025.

Case law from the Supreme Court, reflected in rulings 1232 and 1233/2024 of October 3, already recognized that short-term rentals can generate objective disturbances that justify intervention by the community, especially in areas with high tourist activity.

Legal procedure within the homeowners’ association

The process set out in Article 7.2 follows a defined sequence. First, the president of the homeowners’ association, either on their own initiative or at the request of any owner, formally requires the offender to immediately cease the activity, with a warning of legal action. This notice must be delivered through a method that provides proof of receipt, typically via registered burofax.

If the owner ignores the request, the president, with prior authorization from the homeowners’ meeting convened for this purpose, may file a cessation action before the courts. The judge may adopt precautionary measures immediately, including the provisional suspension of the activity.

Possible sanctions

If the ruling is in favor of the claim, the judge may order the definitive cessation of the prohibited activity and compensation for damages. In addition, the judge may impose the deprivation of the right to use the property for a period of up to three years, depending on the severity of the infringement and the harm caused. If the offender is not the owner but an occupant, the ruling may terminate all their rights to the property and order their eviction.

Can a property be rented out as a tourist rental without authorization?

Since April 3, 2025, the answer is clear: no, at least not for new activities. Any owner who wants to start a short-term rentals in a building subject to the Horizontal Property Law must obtain the favorable vote of three-fifths of the owners and ownership shares before beginning operations.

The building’s bylaws remain relevant. If they already included an express prohibition, it is still valid. However, even in the absence of a statutory prohibition, express authorization from the homeowners’ meeting is now an unavoidable legal requirement. The authorization agreement does not need to be registered in the Land Registry to be valid within the community, although it is advisable to formalize it in a public deed and register it so that it is enforceable against third-party buyers.

On the other hand, community authorization does not replace the administrative license. To legally operate a tourist rental property in Estepona, the owner must also comply with Andalusian regional regulations and register the property in the Andalusian Tourism Registry.

Impact of the regulation on property owners in Estepona

Estepona is one of the municipalities on the Costa del Sol where short-term rentals have experienced the most sustained growth. Its positioning as an alternative to Marbella, with more accessible prices and a diverse residential offering, makes it an attractive destination for both tourists and international investors.

In this context, the updated Horizontal Property Law adds a layer of complexity that should be anticipated. Those who were already operating legally before April 2025 can continue their activity, although they may face additional charges in community fees if the homeowners’ association decides so. For new buyers, the scenario is different: purchasing a property with the intention of using it for holiday rentals first requires understanding the community’s position on the matter.

The attitude of homeowners’ associations can vary greatly between buildings. In some communities, prohibition agreements have already been adopted with the required majority. In others, the issue has not yet been put to a vote. Buying without verifying this aspect can compromise the expected profitability of the investment.

According to the experimental statistics from the National Statistics Institute (INE), in November 2025 there were 329,764 tourist properties listed on platforms in Spain, representing a year-on-year decrease of 12.4%, the largest in the historical series, partly attributable to increasing regulatory pressure on this type of activity.

Key considerations before buying a property for tourist rental

Review the homeowners’ association bylaws

The first step before any purchase aimed at tourist rental is to request the homeowners’ association bylaws and the recent meeting minutes. The bylaws may contain express prohibitions that prevent vacation use regardless of what the general law states. The minutes allow you to verify whether prohibition agreements have already been adopted or if the issue is under discussion among the residents.

Assess legal feasibility

Knowing the bylaws is not enough if their content is not correctly interpreted in relation to current regulations. A lawyer specializing in real estate law can assess whether the property can be used for short-term rentals, what steps must be taken to obtain community authorization, and what administrative documentation is required at the regional and national levels. This prior evaluation helps avoid surprises once the purchase has been completed.

Get advice from real estate experts

Working with a local real estate agency that has in-depth knowledge of the market and current regulations makes a real difference. At Cabanillas Real Estate, we have been operating in Estepona and the Costa del Sol for over 60 years, with a team that includes experts in urban planning law. When we assist with a purchase aimed at investment, legal analysis and the feasibility of the intended use are part of the process from the very beginning. You can explore our available properties in Estepona or contact us directly for personalized advice.

Conclusions

The new Spanish Horizontal Property Law represents a structural shift in the regulation of tourist rentals. The requirement for express authorization by a qualified majority makes the homeowners’ association a central player in any decision regarding vacation use, and a lack of awareness of this rule can have significant economic and legal consequences.

For investors interested in Estepona and the Costa del Sol, the message is clear: the profitability of a property intended for short-term rental now largely depends on its regulatory status within the community. Reviewing bylaws, assessing the position of the homeowners’ association, and seeking specialized advice are steps that should come before any purchase is finalized.

At Cabanillas Real Estate, we are here to guide you through that process. If you are considering buying a property in Estepona for investment or holiday rental purposes, contact us and we will help you make the right decision with all the necessary information on the table.

La entrada Spain’s New Horizontal Property Law: New Rules for holiday rentals se publicó primero en Cabanillas Real Estate.

Beyond the technical content of the law, the message is clear: to move toward a more professional, more transparent sector with greater guarantees for those buying, selling, or renting a home. In a market as dynamic as the Costa del Sol, these changes reinforce the importance of having specialized advice and professionals who understand both the current regulations and the local reality.

Below, we review what Andalusia’s Housing Law 5/2025 establishes, what Articles 48 to 53 mean for real estate agencies, and why working with a professional real estate agency in Estepona is key to operating with greater legal certainty.

👉 Want to know if a landlord can enter a rented property and what rights a tenant has? Read our full article and find out what the law says.

What is Andalusia’s Housing Law 5/2025

Andalusia’s Housing Law 5/2025 is a regional regulation that governs various aspects of the residential market in the community. Among its objectives, it places special emphasis on real estate brokerage activity, with the aim of better organizing the sector and strengthening the protection of those involved in buying, selling, and rental transactions.

Objectives of the new Andalusia housing law

The new Andalusia housing law is driven by a clear commitment to improvement. On one hand, it aims to better protect consumers in a particularly sensitive area such as housing. On the other, it seeks to raise the level of professionalism in the real estate sector and strengthen legal certainty in transactions.

In practice, this results in a clearer framework for all parties involved. Buyers and sellers benefit from greater guarantees, and real estate agencies carry out their work within a regulated environment that values transparency, expertise, and professional responsibility.

Regulation of the real estate sector in Andalusia

One of the most relevant aspects of the law is that it introduces specific rules for those engaged in real estate brokerage activities in the Andalusian residential sector. In other words, it is no longer enough to take part in a transaction from a purely commercial standpoint: the activity is now tied to compliance with certain requirements and obligations.

This regulation responds to a clear need in today’s market: to provide greater solidity to real estate transactions and ensure that those advising clients do so within a clearly defined professional framework.

Context of the new real estate regulation in Spain

The approval of this regulation is no coincidence. In recent years, the Spanish real estate market has evolved within an increasingly complex context, with more informed consumers, more demanding transactions, and a growing need for transparency.

Andalusia thus joins a regulatory trend aimed at better organizing real estate brokerage and strengthening trust in a sector that is key to the economy and to the lives of thousands of people. In high-activity areas such as Estepona and the Costa del Sol, where both national and international buyers coexist, this push toward professionalization becomes even more valuable.

👉 Would you like to learn more about the taxes when selling a property in Andalusia as a non-resident? Read our article to understand the taxes and expenses you should consider before completing the sale.

Changes in Articles 48 to 53 of the housing law

Articles 48 to 53 of the new Andalusia housing law are particularly important for real estate agencies in Estepona, as they specifically regulate brokerage in the residential sector. This section establishes information obligations, creates a mandatory registry, and sets out the requirements necessary to carry out the activity within the autonomous community.

Regulation of real estate brokerage

The law makes it clear that real estate brokerage must be carried out with standards of information, transparency, and responsibility. Article 48 establishes that those providing real estate services in the housing construction and renovation sector must comply with the duty of information in accordance with applicable legislation.

This represents a significant step forward, as it places transparency at the center of the relationship between the agency and the client. In a process as important as buying, selling, or renting a home, having clear and sufficient information is not a minor detail—it is a fundamental guarantee.

New requirements for real estate agencies

Another major change is the creation of the Register of Specialized Residential Real Estate Agents of Andalusia, which the law itself defines as public, administrative, and mandatory.

Registration in this register is carried out through a declaration of responsibility and requires proof of a series of minimum conditions, including the შესაბამის professional training or qualifications, as well as certain solvency and coverage requirements.

It is important to note that, although the law already defines its structure, the Register is not yet operational. Andalusia’s Housing Law establishes that the competent authority (the Regional Government of Andalusia) has a specified period after the law’s entry into force to complete its technical implementation and detailed regulation.

In other words, the regulation not only identifies those operating in the sector but also raises professional standards. And in an increasingly demanding real estate market, this is good news for both clients and agencies that operate with rigor.

Greater protection for buyers and sellers

From the consumer’s perspective, these measures strengthen security and trust. The clearer it is who is providing the service, under what conditions, and what guarantees are offered, the more protected the client will be throughout the transaction.

The new regulation not only aims to organize the sector internally; it also seeks to improve the experience of those buying, selling, or renting a home by reducing opacity and promoting more transparent relationships between all parties involved.

Obligations for real estate agencies under the new law

The main obligations introduced by the new Andalusia housing law for real estate agencies all point in the same direction: to professionalize the service and provide greater guarantees to clients.

For reputable agencies, this change represents a consolidation of best practices that are already part of a responsible way of working. For the market as a whole, it marks a step forward toward a more reliable and better-structured sector.

Mandatory liability insurance

Among the requirements established by the law for registration in the registry is the need to provide proof of a guarantee or professional liability insurance. This requirement has a direct impact on client protection, as it provides coverage against potential damages or losses arising from brokerage activities.

Beyond the legal obligation, this type of coverage is a sign of professionalism. It reflects a way of working based on responsibility and a commitment to offering clients a service that is also supported from a professional standpoint.

Financial guarantees and transparency

The law also requires proof of certain solvency requirements, which helps strengthen trust in those operating in the Andalusian residential market. This provision follows a very reasonable logic: in high-value transactions, transparency and guarantees should not be optional.

For clients, this framework provides peace of mind. For professional agencies, it represents an opportunity to stand out through the quality, clarity, and reliability of their service.

Registry or oversight of real estate professionals

The creation of a mandatory registry improves the identification of professionals engaged in real estate brokerage in Andalusia. This facilitates greater oversight of the sector and allows consumers to deal with operators who are subject to a more clearly defined legal framework.

Ultimately, this registry should not be seen merely as an administrative requirement, but as a tool to raise the standards of the market and strengthen trust in real estate activity.

How the new housing law affects buyers and investors

For those looking to purchase a property in Andalusia—whether to live, invest, or diversify their assets—the new housing law provides a more structured and predictable environment.

This does not mean that all the inherent risks of a real estate transaction disappear, but it does mean that the process now relies on more clearly identified professionals, with higher transparency requirements and subject to a more defined regulatory framework.

Greater security in real estate transactions

The main consequence for buyers and investors is greater legal certainty. When brokerage activities take place within a regulated framework, transactions become clearer and clients have more tools to assess who they are working with.

This is especially important in active and competitive markets such as the Costa del Sol, where making a good real estate decision depends not only on the property, but also on the quality of the advice received.

Greater professionalization of the real estate sector

The new regulation also helps raise industry standards. Requiring training, identification, and guarantees drives a positive evolution of the market and benefits agencies that operate with a long-term vision.

For clients, this professionalization translates into a better experience: more information, better guidance, and less uncertainty throughout the process.

Importance of professional advice

In the face of legislative changes like these, having professional advice is no longer a secondary advantage but a real necessity. Buying or selling a home involves reviewing contracts, documentation, encumbrances, urban planning status, and other aspects that require experience and sound judgment.

That is why working with specialized professionals allows for more informed decision-making, helps avoid mistakes, and enables the transaction to be approached with a more comprehensive and better-protected perspective.

Why work with a real estate agency in Estepona to buy property

Buying a property on the Costa del Sol is not just about finding an attractive home. It also involves understanding the market, properly evaluating each opportunity, and navigating the current legal framework with confidence.

In this context, working with a real estate agency in Estepona provides a clear advantage: local knowledge, close support, and a professional perspective capable of combining the commercial and legal aspects.

Knowledge of the local real estate market

A local real estate agency understands market behavior, price trends, the most sought-after areas, and the type of property that best fits each buyer profile.

This knowledge allows for better guidance during the search and more informed decision-making. In a market as diverse as Estepona and its surroundings, having this local insight can make a significant difference in the final outcome of the transaction.

Legal advice in property purchases

Every real estate transaction requires reviewing documentation, verifying the status of the property, and fully understanding each step of the contractual process. When there are also significant regulatory changes, this guidance becomes even more valuable.

Working with an agency that not only markets properties but also supports the client with a legal and strategic perspective allows the purchase to be approached with greater peace of mind and less room for unforeseen issues.

Secure management of the real estate transaction

Working with real estate professionals reduces risks, improves coordination between the parties, and promotes a more organized and transparent process.

In a more demanding regulatory environment, secure management is no longer an added value but a logical expectation. That is precisely why it is so important to choose an agency that combines experience, close support, and deep knowledge of the local market.

Frequently asked questions about the new Andalusia housing law

1. What is Andalusia’s Housing Law 5/2025?

It is a regulation approved on December 16, 2025, that governs various aspects of the Andalusian residential market and introduces significant changes in real estate brokerage.

2. Who does the new housing law affect?

It directly affects real estate agencies and professionals who provide brokerage services in the Andalusian residential sector. Indirectly, it also impacts property owners, buyers, sellers, and investors.

3. What changes for real estate agencies?

The law introduces a mandatory registry, registration through a declaration of responsibility, and new requirements related to professional qualifications, solvency, guarantees, and transparency in the exercise of the activity.

4. How does this law affect those who want to buy a home?

The regulation aims to provide a more secure and transparent environment by strengthening the professionalization of real estate brokerage and increasing guarantees throughout the transaction.

Conclusions

The new Andalusia housing law introduces significant changes for the real estate sector, especially in everything related to residential brokerage. Through measures such as a mandatory registry, the requirement of guarantees, and greater professional oversight, Law 5/2025 moves toward a more transparent, more structured market with better conditions for consumers.

For those looking to buy or sell property on the Costa del Sol, this new scenario reinforces a key idea: having specialized advice is more important than ever. Working with a professional real estate agency in Estepona not only provides knowledge of the local market, but also ensures a safer, clearer process that is better aligned with the current legal framework.

At Cabanillas Real Estate, we offer our experience, market knowledge, and close, professional support to ensure that every real estate transaction is carried out with confidence and security. If you are thinking about buying or selling a property in Estepona or on the Costa del Sol, we will be delighted to assist you.

La entrada New Andalusia housing law: what changes for real estate agencies? se publicó primero en Cabanillas Real Estate.

In Andalusia, moreover, 2026 brings an important change. With the entry into force of Law 5/2025 on Housing in Andalusia as of January 24, 2026, it is no longer mandatory to deposit the bond with the Andalusian regional government for new contracts. From that date onward, the landlord is responsible for holding it directly for the duration of the lease.

In this article, we explain how the bond works now, what happens with earlier contracts, and what landlords and tenants in Andalusia and on the Costa del Sol should keep in mind.

👉 New housing law in Andalusia: what changes for real estate agencies? Find out in our latest article!

What are real estate lease bonds?

The bond in a real estate lease agreement is an amount of money that the tenant gives to the landlord at the start of the tenancy as a guarantee of compliance with their obligations.

In standard residential lease agreements, this bond is mandatory and is regulated by the Urban Leases Act. Its main purpose is to cover possible damage to the property, outstanding debts, or contractual breaches at the end of the tenancy.

In the case of residential rentals, the law generally establishes a legal bond equivalent to one month’s rent. It is important not to confuse this mandatory bond with other additional guarantees that may be agreed in the contract, since they do not serve exactly the same purpose and do not have the same legal treatment.

👉 Are you thinking of buying a house in Spain as a foreigner? Find out which procedures vary depending on your nationality, how to manage the purchase remotely, and what you should check before signing. Read it in our latest article.

How did the deposit of rental bonds with the Andalusian regional government work?

Before the new Andalusian regulations came into force, the landlord or the real estate agency had to deposit the bond with the Andalusian regional government through the administrative procedure established for that purpose.

Under this system, the regional administration acted as the depositary entity for the bond during the term of the contract, centralizing its registration and its subsequent return when appropriate.

Deposit of rental bonds with the Andalusian regional government

Until this legal change, the deposit was made through the official procedure of the Andalusian regional government, traditionally linked to the administrative form for depositing bonds. In addition, this process had to be completed within a specific period from the signing of the contract.

Purpose of the deposit system

The purpose of this system was for the bonds to be registered and held by the public administration. In this way, it sought to provide greater formal oversight of rentals and facilitate the management of the refund when the contract ended properly.

Management of rental bonds by real estate agencies

In practice, many real estate agencies handled this procedure on behalf of the landlord. Although it was a common task within rental management services, it also represented an additional administrative burden for both private individuals and professionals in the sector.

What changes with the new Andalusian Housing Law 2026?

The major new development comes with Law 5/2025 on Housing in Andalusia, which entered into force on January 24, 2026. From that date, it is no longer mandatory to deposit new rental bonds with the Andalusian regional government.

This represents a significant change in rental management, especially for landlords and real estate agencies, since an administrative procedure that had been part of the usual process for years has now been eliminated.

The landlord holds the bond directly.

Under the new regulations, the landlord now directly holds the bond throughout the term of the contract. In other words, the legal obligation to require the bond remains in force, but the custody system has changed.

From now on, in new rental agreements, it is no longer necessary to pay that amount into the regional administration.

Elimination of the mandatory deposit with the Andalusian regional government

The Andalusian regional government no longer acts as the depositary entity for new rental bonds. As a result, the obligation to submit the payment through the administrative form previously used for this purpose also disappears.

This change does not eliminate the legal obligation of the bond, but only the duty to deposit it with the regional administration for contracts signed from the law’s entry into force onward.

Administrative simplification for landlords and agencies

From a practical point of view, this amendment represents a clear administrative simplification. Landlords and agencies no longer have to deposit new bonds with the Andalusian regional government, which reduces procedures, paperwork, and processing times.

In dynamic markets such as Estepona and the Costa del Sol, where speed in management can be especially important, this change helps simplify the process without altering the basic legal safeguards of the contract.

What happens to rental bonds from before 2026?

Contracts signed before January 24, 2026 remain subject to the previous system. This means that bonds already deposited with the Andalusian regional government will continue to be managed under the former system until the time comes for their refund.

In other words, the new law does not retroactively change the management of bonds that have already been deposited. Those amounts will continue through their usual procedure until the end of the contract and the corresponding refund request is made by the appropriate party.

Additional guarantees in residential lease agreements

In addition to the mandatory legal bond, some agreements include additional guarantees to strengthen the landlord’s protection. However, in standard residential leases, these guarantees are subject to legal limits.

Mandatory legal bond

In standard residential lease agreements, the law requires a bond equivalent to one month’s rent. This obligation remains fully in force, including after the Andalusian regulatory change.

Permitted additional guarantees

Together with the legal bond, the contract may include additional guarantees. However, in standard residential lease agreements, national regulations establish that these guarantees may not exceed two additional months’ rent.

Therefore, in this type of lease, the general rule is clear: one month’s legal bond plus a maximum of two additional months as a complementary guarantee, if agreed.

Importance of drafting the rental agreement correctly

In this context, drafting the lease agreement properly is essential. It should clearly specify the amount corresponding to the bond, whether there are any additional guarantees, in which cases they may be applied, and how their return will be handled at the end of the tenancy.

Having professional advice helps prevent disputes and provides security for both the landlord and the tenant.

Why use a real estate agency in Estepona to manage the rental?

Properly managing real estate involves much more than finding a tenant. It also requires understanding current regulations, drafting a suitable contract, documenting the property’s condition, and acting with confidence regarding security deposits and guarantees.

In this context, working with a real estate agency specialized in Estepona can make a significant difference.

Up-to-date legal and regulatory advice

A professional real estate agency stays up to date with legislative changes affecting rentals. This is especially important at times like the present, when Andalusia has changed the bond deposit system.

Having up-to-date advice helps avoid mistakes and ensures that the regulations in force are applied correctly in each contract.

Secure management of the lease agreement

A real estate agency can also take care of preparing well-drafted agreements, clearly explaining each party’s obligations, and managing the bond in an orderly and transparent manner.

This provides peace of mind for the landlord and also improves the tenant’s experience by reducing misunderstandings and reinforcing the legal certainty of the transaction.

Greater security in property management

Delegating rental management to professionals helps minimize legal risks, streamline processes, and better protect the profitability of the property.

In areas such as Estepona and the Costa del Sol, where the real estate market increasingly demands professionalization, working with a specialized agency is an effective way to manage the tenancy with greater confidence.

Frequently asked questions about real estate lease bonds

1. Is it mandatory to deposit the bond with the Andalusian regional government?

No, for new contracts signed from January 24, 2026, it is no longer mandatory to deposit the bond with the Andalusian regional government.

2. What happens to bonds deposited before 2026?

Bonds deposited earlier continue to be managed under the previous system until they are returned.

3. How many months’ bond can be required in a rental agreement?

In standard residential leases, the law requires one month’s mandatory bond and allows up to two additional months’ rent as an extra guarantee.

4. Who returns the bond at the end of the contract?

In current contracts signed after the entry into force of the new Andalusian regulations, the bond must be returned by the landlord once the condition of the property has been checked and compliance with the contractual obligations has been verified. 

Conclusions

Real estate lease bonds remain an essential safeguard in rental agreements. The main new development in Andalusia in 2026 is that the obligation to deposit new bonds with the Andalusian regional government has been removed, with custody now passing directly to the landlord.

This change simplifies rental management for landlords and agencies, but it does not alter the basic legal obligations regarding the bond, nor the limits applicable to additional guarantees in standard residential leases.

For this reason, having good professional advice remains key to formalizing clear, secure agreements that comply with current regulations.

At Cabanillas Real Estate, we help landlords and investors manage their rentals in Estepona and on the Costa del Sol with a close approach, knowledge of the local market, and professional service focused on the legal security of each transaction.

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