Buying off-plan on the Costa del Sol: what to check

Step 1: Who is selling: the company behind the project

Ask for the developer’s full legal name and registration number, not only the brand, and look the company up in the official register. The company that signs your contract should be the one that holds the land or the approvals.

What the rules and registers say

• Ask for the developer’s legal name and tax number (NIF) and request a company report (nota informativa mercantil) from the Registro Mercantil on the registrars’ portal.Registradores de España (Propiedad and Mercantil) (read 13 November 2026)

In our data

15 of 34 projects we track on the Costa del Sol name the developer by its legal company.

Examples

• Etherna Homes II: developer named as Neinor Península S.L.U., Registro Mercantil de Madrid tomo 40098, folio 125, hoja M-712404
• Almazara Gardens: developer named as TAYLOR WIMPEY DE ESPANA S.A. UNIPERSONAL, NIF A-07248206, subsidiary of Taylor Wimpey plc
• Fuente Lirios: developer named as TAYLOR WIMPEY DE ESPANA S.A. UNIPERSONAL, NIF A-07248206, subsidiary of Taylor Wimpey plc

Step 2: The land and what you will own

Find out exactly what you are buying: freehold, leasehold or a right of use, who holds the title today and what charges sit on it. Ask for the official registry extract, not a copy prepared by the seller.

What the rules and registers say

• A nota simple from the Registro de la Propiedad shows the registered owner, mortgages, charges and any declared new building; the Catastro shows the plot and built area for tax purposes only.Registradores de España (Propiedad and Mercantil) (read 13 November 2026) · Sede Electrónica del Catastro (read 13 November 2026)

In our data

9 of 34 projects we track on the Costa del Sol publish an address or location precise enough for a map pin.

Step 3: Permits and approvals

Ask for the permit number and date and confirm them with the authority that issued them. A company licence or a sales registration is not a building permit.

What the rules and registers say

• Ask for the building licence (licencia de obra) number and date and check it with the town hall planning department; once the building is finished, ask for the first occupation licence or its equivalent.Kolaboro register guide: Spain (opened 13 November 2026)

In our data

2 of 34 projects we track on the Costa del Sol publish a permit or licence number.

Examples

• Etherna Homes II: permit or licence number Expediente 9710/2018 (Ayuntamiento de Estepona) published
• Bliss Homes: permit or licence number Expediente 18286/2023 published

Step 4: Where your money goes

Before each payment, know which account it goes to and what protects it if the project stops. Pay only into the account named in your contract, never into a personal account or a broker’s.

What the rules and registers say

• From the moment the developer has the building licence, payments for homes under construction must be guaranteed by insurance or a bank guarantee and paid into a special account. Ask for an individual guarantee certificate in your name for each payment.Law 38/1999 (LOE), first additional provision (read 3 November 2026) · our law note

In our data

12 of 34 projects we track on the Costa del Sol state how buyer payments are protected (escrow, bank guarantee or insurance).

Examples

• Etherna Homes II: deposit protection stated in the sources we read
• Bliss Homes: deposit protection stated in the sources we read
• Almazara Gardens: deposit protection stated in the sources we read

Step 5: Recording your purchase and the contract

Check how your purchase is recorded before completion and what the contract says about delays, changes and refunds. Have an independent local lawyer or notary read it before you sign.

What the rules and registers say

• If the contract calls the deposit arras or señal (penitential), either side can withdraw: the buyer by losing the deposit, the seller by returning it doubled. Check which kind of deposit your contract describes.Spanish Civil Code, Article 1454 (read 3 November 2026) · our law note

Step 6: Handover dates and progress on site

Compare the handover date you are promised with the record: earlier dates for this project and how the developer’s other projects went. Then check progress on site before each staged payment.

What the rules and registers say

• If construction has not started or the home is not delivered on time, the buyer may cancel and get the payments back with legal interest, or grant an extension written into the contract.Law 38/1999 (LOE), first additional provision, Four (read 3 November 2026) · our law note

In our data

0 of 34 projects we track on the Costa del Sol have a handover date on record that has passed; 0 had the date moved later.

Examples

• Etherna Homes II: handover date on record Q2 2028, no change so far