¡Hola! .
¿Necesitas hablar con un abogado? Haz clic abajo para iniciar chat.
The real estate market in Málaga and the Costa del Sol presents a legal complexity that few territories in Spain can match. The confluence of massive foreign investment, a constantly evolving General Urban Development Plan (PGOU), the proliferation of tourist rentals, and an extremely high volume of property transactions demands legal advice that goes beyond mere document management.
At Francisco Orozco & Asociados, we act as real estate legal strategists. From our offices in Málaga and Ronda, our team intervenes at every stage: from pre-contractual due diligence to defense before the Courts of First Instance, including tax optimization. We do not merely sign documents; we design legal structures that protect your assets.
We operate in a market where a registry or planning error can translate into losses of tens of thousands of euros. Our approach is preventive, technical, and results-oriented.
The involvement of a specialized attorney is not a luxury; it is an objective necessity in transactions that put your assets at risk:
Real estate transactions concentrate the greatest asset risk. Every transaction requires thorough legal verification before the signing of any binding document.
The incorrect classification of deposit agreements is a constant source of litigation. We draft clear contracts:
We advise non-resident investors throughout the entire process: NIE, bank accounts, tax representation before the AEAT, and processing of the Golden Visa. We also manage IRNR obligations and the 3% withholding that the buyer must apply to the non-resident seller at the time of signing.
We manage the registry cancellation of prior encumbrances, or negotiate the terms of subrogation (debtor or creditor) in accordance with the Mortgage Credit Contracts Act.
Every month of delay in recovering an illegally occupied property represents an irrecoverable loss. We act swiftly and precisely in the Courts of Málaga.
| Eviction Phase | Estimated Timeline |
|---|---|
| Admission for processing | 1-2 weeks |
| Notice to the defendant | 10 business days |
| Hearing scheduling | 2-4 months |
| Writ of possession (eviction) | 1-3 months after judgment |
Poor drafting is the root cause of most disputes. We draft and safeguard contracts tailored to each type of arrangement, including legal security deposit clauses and additional guarantee deposit provisions:
We regulate minimum duration (5 or 7 years), tacit renewals, rent caps in stressed rental zones, and landlord necessity clauses.
Assistance with registration in the Andalusia Tourism Registry, compliance with Decree 28/2016, and municipal restrictions in the historic city centre of Málaga. We advise on the risk of penalties for operating without a VFT licence and the available regularisation routes.
Contractual freedom to establish stepped rents, allocation of renovation costs, subleases, and goodwill compensation.
Management of the mandatory deposit with AVRA and legal structuring of additional guarantees (bank guarantees, rent default insurance).
Disputes within residential communities rank among the most frequent consultations in real estate law. We advise associations, property managers, and individual owners under the LPH:
The purchase of a defective property is subject to strict limitation periods. For second-hand properties (Civil Code), the period is only 6 months. For new construction (LOE), the periods vary:
| Type of Defect (New Construction) | Warranty Period | Liable Parties |
|---|---|---|
| Finishes and fittings | 1 year | Contractor |
| Habitability and watertightness | 3 years | All agents |
| Structural (foundations, beams) | 10 years | All agents |
We coordinate technical expert reports to pursue the quanti minoris action (price reduction and repair costs) or the redhibitory action (contract rescission).
This is the most efficient tool for dissolving jointly owned properties (co-ownership). If one co-owner acquires 100%, it is far less costly than a standard sale due to its tax advantage in Andalusia:
Málaga requires an in-depth knowledge of its General Urban Development Plan (PGOU) and the regulations of the Junta de Andalucía.
We optimise the tax cost of any property transaction.
Every real estate transaction follows a protocol that ensures complete legal certainty:
It is not mandatory, but it is essential for your protection. An attorney verifies hidden encumbrances, planning legality (LPO, AFO) and prevents you from signing reservation contracts with abusive terms or assuming third-party debts. If you are a foreign buyer, you will also need to obtain your NIE, open a bank account and settle transfer tax (ITP) or VAT (IVA) depending on whether it is a resale or new-build property.
Penitential deposits (Article 1,454 of the Civil Code) allow either party to withdraw: if the buyer withdraws, they forfeit the amount paid; if the seller withdraws, they must return double the amount. Confirmatory deposits function as a down payment on the total purchase price and do not allow free withdrawal — if one party defaults, the other may demand specific performance or rescission with damages. Before signing, we recommend having a real estate attorney review exactly what type of deposit you are agreeing to.
An express eviction without opposition can take 3 to 4 months. If opposed, it may extend to 6–9 months. The Housing Act (12/2023) requires additional proceedings in cases of vulnerability, so filing the claim promptly is critical. Having a specialist attorney streamlines the process and avoids procedural errors that could delay recovery of your property.
Yes, but for resale properties the limitation period expires 6 months after the handover of keys. You will need an expert report proving that the defect was pre-existing, hidden and serious. For new-build properties, the Building Regulations Act (LOE) establishes periods of 1 year (finishing defects), 3 years (habitability) and 10 years (structural defects) to bring claims against the developer, contractor and project management team.
You must obtain a VFT licence and register with the Andalusia Tourism Registry. Verify that your homeowners’ association bylaws do not explicitly prohibit it, and comply with the specific regulations of the Málaga City Council. Operating without a licence may result in sanctions ranging from a minor fine to the precautionary closure of the activity.
Yes. The Horizontal Property Act allows decisions to be challenged if they are contrary to the law, to the bylaws, or are seriously detrimental to the community or to any owner who is not obliged to accept them. The deadline is 3 months from notification of the minutes (or 1 year if contrary to the law). To have standing, you must be up to date with community fees or have lodged the amounts owed.
The Building Regulations Act (LOE) establishes three deadlines: 1 year for finishing defects (paintwork, tiles, carpentry), 3 years for habitability defects (damp, insulation, installations) and 10 years for structural defects (foundations, pillars, floor slabs). It is essential to act promptly, gather expert evidence and formally notify the developer before your right to claim expires.
The real estate market frequently intersects with other areas of law. We offer comprehensive cross-disciplinary representation:
If you need real estate legal advice in Málaga or have an ongoing transaction that requires technical review, our team is at your disposal.