Buying a House in Fuengirola and Mijas: Legal Steps and Tips to Avoid Surprises

Buying a home in Fuengirola or Mijas, two of the most attractive destinations on the Costa del Sol, is an important decision that can change your life. Both places offer a privileged climate, an excellent quality of life and an ideal location to enjoy both the sea and the mountains. However, this process involves several legal aspects that you should be aware of to avoid unpleasant surprises. In this article, we explain the essential steps and give you practical advice adapted to these locations so that you can make informed decisions.

1. Conduct a Preliminary Investigation

Before starting the buying process, it is crucial that you research the areas of Fuengirola and Mijas that best suit your needs. For example, in Fuengirola, some of the most sought-after areas are Los Boliches, Carvajal and the centre, where you will find a mix of traditional and modern homes, with easy access to the beach and local amenities. Mijas, on the other hand, offers different atmospheres: from the white village charm of Mijas Pueblo to the modern urbanisations of Mijas Costa, such as La Cala de Mijas or Calahonda, which offer sea views and golf courses.

Researching aspects such as accessibility to public services, schools, hospitals and leisure facilities will help you decide which area to focus your search on. For example, if you work in Malaga or Marbella, you might prefer to live close to a local train station in Fuengirola to facilitate your daily commute.

2. Set a Realistic Budget

The cost of property can vary significantly between Fuengirola and Mijas. In Fuengirola, prices tend to be higher near the coast, while in Mijas, inland properties, such as in Mijas Pueblo, can be more affordable compared to frontline beach properties in Mijas Costa. Be sure to include in your budget not only the purchase price, but also other expenses such as Transfer Tax (ITP), notary fees, registration fees, and possible renovation or refurbishment costs.

A concrete example would be to compare a property on the Paseo Marítimo in Fuengirola, where prices can easily exceed 300,000 euros for a two-bedroom flat, with a house in Mijas Pueblo, where you could find a similar property for a lower price. Always remember to factor in additional costs and have a financial cushion for unforeseen circumstances.

3. Verify the Legal Status of the Property

It is essential to make sure that the property you wish to buy is legally in order. For example, in Mijas Costa, some properties may have problems relating to the legalisation of unregistered swimming pools or extensions. Check that the seller is the rightful owner and that there are no encumbrances, mortgages or liens on the property. In Fuengirola, it is common that some older properties may have complex inheritance or co-ownership situations.

Request a Nota Simple at the Land Registry to verify these details. An example of a problem could be a property with debts owed by the community of owners in Los Boliches, Fuengirola, which would pass to the new owner if not previously resolved.

4. Sign a Deposit Agreement

The earnest money contract is a commitment prior to the sale. In tourist resorts such as Fuengirola and Mijas, it is especially important to review this contract with a lawyer, as it may include specific clauses relating to tourist rental rights, which are common in the area. For example, if you buy a property in La Cala de Mijas and plan to rent it out to tourists, make sure that the contract does not contain clauses limiting this use.

This contract should clearly specify the agreed price, the method of payment, the date of formalisation of the sale and the consequences for both parties in the event of non-compliance. A lawyer will help you avoid surprises, such as disproportionate penalties in case of withdrawal.

5. Formalise the Purchase before a Notary

Once you have agreed all the terms, you will need to go to a notary to formalise the purchase. In Fuengirola and Mijas there are many notaries who are used to working with foreign buyers, which can be useful if you need services in other languages. The notary will check that all the documentation is correct, such as the title deeds, tax payments and the necessary licences.

A common case in Mijas could be the purchase of a property in an urbanisation with specific community rules. The notary will also check that these rules are known to both parties and that they are included in the purchase contract to avoid future conflicts.

6. Register the property and carry out tax formalities.

Finally, it is necessary to register the property in your name at the corresponding Land Registry and complete the tax formalities. In Fuengirola and Mijas, you will have to pay the Transfer Tax (ITP) or the Value Added Tax (VAT) in the case of a new property. You will also have to pay the Tax on the Increase in Value of Urban Land (Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana).

An example would be the purchase of a newly built property in Mijas Costa, where in addition to VAT, you may have to pay a fee for the licence of first occupation. These formalities are essential to ensure that the property is fully legalised and that there are no legal problems in the future.

Conclusion

Buying a home in Fuengirola or Mijas is a process that involves a number of legal and financial considerations. By following these steps and advice specific to these locations, you can minimise the risks and ensure that your investment is safe and successful. It is always advisable to enlist the support of legal professionals who are familiar with local regulations to guide you through the process.

We hope you found this article helpful and invite you to continue exploring our content for more information and advice on buying property in Spain.