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Buying properties in Malaga. Legal & Tax tips and process

General aspects

The city of Málaga

Málaga is a vibrant city located in the southern part of Spain, on the Costa del Sol of the Mediterranean Sea. Known for its rich history,

Málaga is one of the oldest cities in the world with origins dating back to around 770 BC, when it was founded by the Phoenicians.

It’s a culturally rich city with significant contributions to art, notably being the birthplace of the famous artist Pablo Picasso.

The city is renowned for its beautiful beaches, lively nightlife, and delicious cuisine, particularly seafood. Málaga also boasts numerous historical and architectural landmarks, including the Alcazaba, a Moorish fortress palace, and the Málaga Cathedral, a Renaissance church.

In recent years, Málaga has become a hub for technology and innovation, further diversifying its economic base beyond tourism and agriculture. The city’s pleasant climate, with mild winters and warm summers, makes it a popular destination for tourists and expatriates alike.

Certainly! Málaga!, in the Andalusian region of Spain, offers a rich tapestry of cultural and historical experiences:

  1. Cultural Heritage: Málaga’s history spans Phoenician, Roman, and Arabic influences, evident in its architecture and museums. The city is proud of its most famous son, Pablo Picasso, with the Picasso Museum showcasing his works.
  2. Architecture: Key landmarks include the Roman Theatre and the stunning Gibralfaro Castle, offering panoramic views of the city.
  3. Festivals: Málaga is famous for its vibrant festivals, notably the Feria de Málaga, a week-long celebration with music, dance, and traditional costumes.
  4. Cuisine: The city’s culinary scene is a blend of traditional Andalusian flavors and modern gastronomy, with tapas bars and seafood restaurants dotting the streets.
  5. Beaches and Outdoors: Málaga’s location on the Costa del Sol means beautiful beaches and outdoor activities like golfing, hiking, and water sports are readily available.
  6. Art and Film: Besides the Picasso Museum, the Centre Pompidou Málaga and Carmen Thyssen Museum also attract art lovers. The city also hosts the Málaga Film Festival, showcasing Spanish cinema.
  7. Economic Growth: Beyond tourism, Málaga is evolving as a tech and innovation hub, attracting startups and international companies.
  8. Climate: Enjoying a Mediterranean climate, Málaga offers mild winters and warm summers, ideal for year-round visits.

Districts of Málaga city

Málaga, a diverse and sprawling city, is divided into several distinct areas, each with its own unique character and attractions:

  1. Centro Histórico (Historical Center): The heart of the city, home to historic landmarks like the Cathedral and the Picasso Museum.
  2. La Malagueta: A popular beach area known for its waterfront and bullring.
  3. El Palo: A traditional fishing quarter, famous for its seafood restaurants.
  4. Pedregalejo: Another beach area, popular for its nightlife and traditional fish bars.
  5. Soho: The city’s arts district, known for its street art and contemporary galleries.
  6. Teatinos: A residential area, also home to the University of Málaga.
  7. El Limonar: An upscale neighborhood with grand villas and gardens.
  8. Churriana: A district known for its historical buildings and proximity to the airport.

Why Málaga?

Choosing Málaga as a place to live offers numerous benefits:

  1. Pleasant Climate: Málaga enjoys a mild Mediterranean climate, with warm summers and mild winters.
  2. Rich Culture and History: The city boasts a vibrant history, reflected in its architecture, museums, and festivals.
  3. Beaches and Outdoor Lifestyle: With its stunning coastline, Málaga is ideal for beach lovers and offers various outdoor activities.
  4. Growing Economy: The city is experiencing economic growth, particularly in technology and tourism sectors.
  5. Culinary Scene: Known for its delicious cuisine, especially seafood.
  6. Healthcare and Education: Málaga offers quality healthcare services and good educational institutions.
  7. Accessibility: The city is well-connected by an international airport and public transport.
  8. Community: There’s a welcoming expatriate community, making it easier for newcomers to settle in.

 Málaga vs Alicante city

Choosing between Málaga and Alicante for living depends on personal preferences and lifestyle needs:



Both cities offer a high quality of life, beautiful beaches, and a warm climate, but Málaga has a richer cultural scene, while Alicante provides a more laid-back lifestyle and is a bit smaller and potentially less busy.

Málaga vs Madrid

Choosing between Málaga and Madrid for living comes down to personal preferences and priorities:



Málaga offers a coastal, relaxed lifestyle with a focus on innovation, while Madrid provides a bustling urban experience with greater cultural and career opportunities.

 Málaga vs Barcelona

Comparing Málaga and Barcelona for living involves considering different lifestyle aspects:



Málaga provides a more laid-back, beach-centric lifestyle, while Barcelona offers a dynamic, culturally-rich urban experience.

Málaga vs Marbella



Málaga provides a balance of cultural richness and urban living, while Marbella is known for its luxury lifestyle and resort-like environment.

 Málaga vs Jávea (Alicante)



Málaga offers a balance of cultural richness and urban activity, while Jávea is ideal for those seeking a peaceful, scenic coastal environment.

Málaga vs Palma de Mallorca


Palma de Mallorca:

Both cities offer Mediterranean climates and coastal living, but Málaga has a more urban and culturally diverse environment, while Palma provides an island lifestyle with unique Balearic charm.

Working and living in Málaga

  1. Dynamic Work Environment: The city’s economic growth in the tech sector attracts professionals and entrepreneurs. It’s increasingly becoming a hub for startups and innovation.
  2. Cultural Diversity: Málaga’s historical roots and influx of expatriates contribute to a multicultural environment. This diversity is reflected in its food, festivals, and social life.
  3. Educational Opportunities: The presence of the University of Málaga and various international schools offer quality educational options.
  4. Healthcare System: Spain’s healthcare system is highly regarded, and Málaga’s hospitals and clinics provide excellent care.
  5. Lifestyle Balance: Málaga’s lifestyle is a blend of traditional Spanish living with modern amenities. The city’s pace is generally relaxed, offering a balance between work and leisure.
  6. Community Engagement: Community events, local markets, and neighborhood associations provide opportunities for social engagement and cultural immersion.
  7. Natural Surroundings: The surrounding Andalusian region offers diverse landscapes, from coastal areas to mountain ranges, ideal for weekend getaways.
  8. Real Estate Market: The real estate market in Málaga caters to a range of preferences, from beachfront properties to urban apartments.

Working and job possibilities in Málaga

The job market in Málaga offers a variety of opportunities, particularly for expatriates, across several key industries:

  1. Tourism Sector: Tourism is a major industry in Málaga, attracting around six million tourists annually. Jobs in hospitality, travel services, and entertainment venues are abundant, especially during the tourist season​​.
  2. English-Language Services: There’s a high demand for English-speaking professionals in areas catering to the expatriate community. Opportunities exist in bars, restaurants, and as self-employed service providers like cleaners, hairdressers, or plumbers​​.
  3. Education: English teachers, particularly those teaching as a second language, find numerous opportunities in Málaga. This includes work in international schools, private language schools, and through private tutoring. The demand for English education is high among locals and expatriates alike​​.
  4. Diverse Economy: Besides tourism, Málaga’s economy includes growing sectors like logistics, transportation, construction, and technology services. This diversity means that job seekers can find a wide range of opportunities in the region​​.

Cost of Living in Málaga (2023)

Healthcare System in Málaga

In summary, Málaga provides a balance of a culturally rich environment, a relaxed coastal lifestyle, and modern urban amenities, all while being relatively affordable. The city’s healthcare system is robust, offering both public and private options to cater to different needs. This combination makes Málaga an attractive destination for living and working.

Immigration office Málaga city: NIE’s, Visas, Permits, etc. 

The Foreigners Office in Málaga, responsible for handling various immigration-related procedures, is located at Calle Mauricio Moro Pareto, 13. This office was relocated to its current location on July 21, 2015. It offers a range of services, including processing sanctions related to immigration matters that were previously handled in the Edificio de la Caleta in the Government Sub-delegation.

Contact Information:

Services Offered:

The Foreigners Office in Málaga handles a variety of procedures, including:

This office plays a crucial role for expatriates and foreigners in Málaga, offering essential services for legal residency and work in Spain.

 What are the best banks in Málaga city?

  1. Santander Bank
  1. BBVA (Banco Bilbao Vizcaya Argentaria)
  1. CaixaBank
  1. Bankia
  1. Sabadell Bank
  1. ING
  1. Kutxabank

Connection flights from Málaga airport

Málaga Airport (AGP) offers a wide range of domestic and international flight connections serviced by numerous airlines. Here’s a comprehensive list:

Domestic Flights from Málaga Airport (Summer 2023)

  1. Barcelona (Vueling, Ryanair)
  2. Bilbao (Vueling, Volotea)
  3. Ceuta (Hélity)
  4. Gran Canaria (Vueling, Ryanair)
  5. Ibiza (Ryanair)
  6. Lanzarote (Vueling, Ryanair)
  7. Madrid (Air Europa, Air Nostrum, Iberia, Iberia Express)
  8. Melilla (Air Nostrum)
  9. Menorca (Ryanair)
  10. Oviedo (Vueling, Volotea)
  11. Palma de Mallorca (Vueling, Ryanair)
  12. Santander (Ryanair)
  13. Santiago de Compostela (Vueling, Ryanair)
  14. Tenerife North (Vueling)
  15. Tenerife South (Ryanair)
  16. Valencia (Ryanair, Air Nostrum)
  17. Vitoria (Ryanair)​​.

International Flights from Málaga Airport (Summer 2023)

 International Schools in Málaga city

  1. Sunny View School: Located in Torremolinos, Sunny View School is an international school that provides education based on the British curriculum.
  2. British School of Malaga: From 2018, a private school providing learning following the British educational system.
  3. Norwegian School. Situated in Benalmádena, provides Scandinavian education system to the students.
  4. Deutsche Schule Málaga: it is a private German School situated in Málaga
  5. George’s School Malaga: St. George’s School in Malaga offers education based on the British system and accommodates students from early years to secondary levels.
  6. Lycée Français de Málaga: This is a French international school in Malaga, offering education following the French curriculum.
  7. Colegio Sueco (Swedish School): The Swedish School is situated in Fuengirola and provides education following the Swedish curriculum.

What are the universities in Málaga?

 Valencia hosts several reputable universities and higher education institutions. Here’s an overview of some of the main universities in Málaga:

University of Málaga

Private Universities and Business Educational Centers

Escuela Superior de Gestión Comercial y Marketing (ESIC)

Este instituto es reconocido, especialmente por su programa de MBA, que figura entre los mejores según Bloomberg Business.

Ofrece grados en Marketing y Digital Business, así como una variedad de másteres en administración, tecnología, ventas y finanzas.

Escuela Superior de Estudios de Empresa (ESESA)

Es una institución que proporciona formación empresarial a través de grados, másteres y cursos de Formación Profesional (FP) en economía, marketing, comunicación, tecnología, entre otros. En Málaga, ESESA tiene un campus donde se imparten programas como el máster en Big Data e Ingeniería de Datos y un MBA Global.

Escuela Autónoma de Dirección de Empresas (EADE)

Ofrece grados y másteres oficiales en áreas como administración de empresas, publicidad, diseño y educación física.

Marbella International University Centre (MIUC)

Ofrece grados y másteres en inglés, especializándose en relaciones internacionales, negocios, comunicación y marketing. Es conocida por su enfoque multicultural y práctico en la enseñanza.

San Telmo Business School

Con campus en Málaga y Sevilla, es una de las escuelas de negocios más prestigiosas de España. Ofrece formación avanzada a empresarios y directivos, con un enfoque práctico y actualizado en la administración de empresas.

List of Consulates and Embassies in Málaga city

Consulado de Finlandia

+34 952 21 24 35

Consulado de Costa Rica

+34 610 70 44 01

Consulado de Canadá

+34 952 22 33 46

Consulado de República de Austria

+34 646 06 09 72

Consulado Honorario de Chile

+34 952 21 14 14

Consulado de Alemania

+34 952 36 39 58

Consulado de Mónaco

Calle Arquitecto Blanco Soler, 6 · Málaga

+34 952 21 29 42

Consulado de República de Brasil

+34 952 21 10 69

Consulado del Paraguay

+34 952 04 17 29

Consulado de Dinamarca

+34  952 21 17 97

Consulado Republica Armenia

Teseo, 12 – Málaga

+34 693 36 55 70

Consulado de República de Polonia

+34  952 00 38 44

Consulado de Panamá

Cmo de S. Rafael

+ 34 · 952 35 98 06

British Consulate

+ 952 35 23 00

Consulado del Uruguay 

+34  952 20 06 33

Consulado del Reino de Arabia Saudi

+34 952 06 29 46

Consulado De Portugal

+34 952 34 76 77

Consulat Honoraire de France

Consulado de Suecia

+34 952 60 43 83

Consulado de Eslovaquia

+34 952 22 33 10

Consulado de República Dominicana

Consulate of Ukraine in Malaga

+34  952 22 06 15

Consulado de República de Haití

Lugar Monte Miramar, 10 · Málaga

+34 952 21 23 39

Consulado de Hungría en Málaga

+34 951 27 16 72

Consulado Filipino

+34 952 77 18 50

Consulado de Ecuador

+34 952 06 29 59

Consulado de los Países Bajos

Av. Palma de Mallorca, 57, 29620 Torremolinos, Málaga

Official Chambers of Commerce in Málaga

 Cámara Oficial de Comercio, Industria y Navegación de la Provincia de Málaga

Calle Cortina del Muelle, 23, 29015 Málaga

+34 952 21 16 73

 Buying, investing or renting a house in Málaga

Typology of construction in Málaga City 

Málaga city, with its rich history and modern development, showcases a diverse range of construction typologies:

  1. Historical Buildings: The city center is dotted with historical buildings reflecting Málaga’s Moorish past and later Christian influences. Key examples include the Alcazaba, a Moorish fortress, and the Málaga Cathedral, which blends Renaissance and Baroque styles.
  2. Traditional Andalusian Architecture: Typical features include white-washed buildings, often with tiled roofs, small balconies, and interior patios. These structures are designed to keep cool in the hot Mediterranean climate.
  3. Modern Residential and Commercial Buildings: As Málaga has developed, modern apartment blocks, office buildings, and commercial complexes have become common, especially in newly developed areas.
  4. Tourist Resorts and Hotels: Along the Costa del Sol, numerous resorts and hotels reflect contemporary architectural styles, focusing on luxury and comfort.
  5. Cultural and Educational Buildings: Málaga has invested in cultural infrastructure, including museums (like the Picasso Museum), theaters, and educational institutions, which often blend modern and historical design elements.
  6. Industrial Architecture: The city’s industrial areas feature warehouses, factories, and logistics centers, primarily focused on functionality.
  7. Public Spaces and Parks: Málaga’s public spaces, such as the recently renovated Muelle Uno port area and the historic La Malagueta beach, showcase urban design that blends utility with aesthetic appeal.

 Typology of residential buildings and Villas in Málaga city 

In Málaga city, the typology of residential buildings is influenced by historical, cultural, and climatic factors, leading to a distinctive architectural style. Key characteristics include:

  1. Traditional Andalusian Houses: These are prevalent, especially in the old town and suburban areas. They typically feature white-washed walls to reflect sunlight, helping to keep the interiors cool. The roofs are often terracotta-tiled.
  2. Interior Courtyards (Patio Andaluz): Many traditional houses have interior patios, a classic element in Andalusian architecture, providing a private outdoor space and aiding in ventilation and natural light.
  3. Balconies and Terraces: Balconies are common in older buildings, while newer constructions often include terraces or rooftop decks, maximizing outdoor living space in the city’s mild climate.
  4. Modern Apartments and Condominiums: In more recently developed areas, modern apartment complexes and condominiums are prevalent. These buildings often feature contemporary designs, with amenities like swimming pools, parking, and landscaped gardens.
  5. Townhouses: In suburban areas and new developments, townhouses are a common sight. These are often designed in a modern style, with multiple floors and sometimes include small private gardens.
  6. Beachfront Properties: Along the coast, residential buildings are designed to maximize sea views and often incorporate elements like large windows and spacious balconies.
  7. Energy Efficiency and Sustainability: Newer constructions increasingly focus on energy efficiency, incorporating features like solar panels, efficient insulation, and smart home technology.

This mix of traditional Andalusian elements and modern design reflects Málaga’s cultural heritage and its adaptation to contemporary living requirements. 

Typologies of residential construction in Cities and villages surrounding Málaga

 Benalmádena, Torremolinos, and Fuengirola 

Benalmádena, Torremolinos, and Fuengirola, located along the Costa del Sol near Málaga, feature various residential construction typologies that cater to both the local population and a significant number of expatriates and tourists. These typologies are influenced by the region’s climate, geography, and cultural history:

  1. Mediterranean Style Villas: Common in these coastal towns, these villas often feature white or light-colored exteriors, red tiled roofs, and arches. They are designed to stay cool in the summer and are often surrounded by gardens or terraces.
  2. Modern Apartments and Condominiums: In response to the growing demand for tourism and expatriate living, there’s an abundance of modern apartment complexes, especially along the beachfronts. These buildings often include amenities like swimming pools, gardens, and sea views.
  3. Townhouses: This style is popular in suburban areas and newer developments. They usually have multiple levels, sometimes with communal amenities like pools and playgrounds, and may feature small private gardens or patios.
  4. High-rise Apartment Buildings: Particularly in Fuengirola and Torremolinos, there are high-rise buildings that offer panoramic views of the Mediterranean Sea. These are often sought after for both permanent residences and holiday homes.
  5. Traditional Andalusian Houses: Especially in the old town areas, you can find traditional Andalusian houses with their characteristic interior patios, thick walls, and small balconies.
  6. Luxury Estates and Mansions: In more affluent neighborhoods, particularly in parts of Benalmádena, there are luxury estates and mansions, offering expansive living spaces, high-end amenities, and often spectacular sea views.
  7. Bungalow-style Homes: These are single-story houses, often with gardens, commonly found in residential areas away from the main tourist strips.

Each of these towns has adapted its residential architecture to suit the needs of a diverse population, blending traditional Spanish elements with modern amenities and styles to cater to both the local community and international residents.

 Velez Málaga and Nerja

In Vélez-Málaga and Nerja, towns located in the province of Málaga, the residential construction typologies reflect both the region’s traditional Andalusian heritage and contemporary influences:


  1. Traditional Andalusian Townhouses: Characterized by whitewashed exteriors, these townhouses often feature interior courtyards (patios), terracotta-tiled roofs, and ornate ironwork on balconies.
  2. Modern Apartments and Condominiums: New developments include modern apartment complexes with contemporary designs, often including amenities like communal pools and gardens.
  3. Villas and Detached Houses: In the suburbs and outskirts, there are villas and detached houses, often with gardens, offering more space and privacy.
  4. Historic Buildings: Some residential properties in Vélez-Málaga are converted from historic buildings, maintaining traditional architectural features like wooden beams and stone arches.


  1. Beachfront Apartments and Villas: Given its coastal location, Nerja has numerous properties designed to maximize sea views, including beachfront apartments and villas with large terraces and balconies.
  2. Traditional Whitewashed Houses: Reflecting classic Andalusian style, these houses are prevalent in the old town, characterized by their white facades, often adorned with colorful flowers.
  3. Modern Residential Complexes: These are equipped with contemporary facilities and are designed for both permanent residences and holiday homes.
  4. Rural Properties (Cortijos and Fincas): On the outskirts of Nerja, traditional rural properties like cortijos (farmhouses) and fincas (estates) are common, offering a rustic living experience often amidst agricultural or natural landscapes.

 Mijas, Alhaurin, Frigiliana, Ojén, Coín and Ronda 

In the villages inland of Málaga, such as Mijas, Frigiliana, Ojén, Coín and Ronda,  the typologies of residential construction often reflect traditional Andalusian architecture, adapted to rural settings and influenced by historical and environmental factors. Key characteristics include:

  1. White-Washed Villas and Houses: Similar to the coastal areas, inland villages prominently feature white-washed buildings. This traditional style, known as ‘casas blancas’, helps to reflect the sunlight and keep the interiors cool during hot summers.
  2. Terracotta Roof Tiles: Most houses have terracotta tiled roofs, a staple of Mediterranean architecture, providing durability and insulation.
  3. Thick Walls and Small Windows: Older homes often have thick walls and small windows, which are designed to maintain cooler interior temperatures.
  4. Interior Patios and Courtyards: Many homes, particularly those in the older parts of villages, feature interior patios or courtyards, often with plants or a small garden, serving as a central, private outdoor area.
  5. Rural Farmhouses (Cortijos): In more rural areas, traditional farmhouses, known as ‘cortijos’, are common. These are typically larger, standalone properties, often featuring extensive land and sometimes outbuildings.
  6. Modern Influences in Newer Developments: In newer developments, modern design elements are incorporated, such as larger windows, modern insulation techniques, and solar energy utilization.
  7. Use of Local Materials: Construction often involves local materials like stone and wood, blending the buildings into the natural landscape.
  8. Village Townhouses: In the village centers, townhouses are common. These are often narrow and multi-storied, sharing walls with neighboring houses to conserve space.

Cadastral office in Málaga city

The Cadastro office Málaga  city is located in Ayuntamiento de Málaga

Land Registy offices in Málaga city 

How to obtain a Certificate of Habitation in Málaga

Which is First Occupation License and Second Occupation License in Málaga? 

In Málaga, as in the rest of Andalucía, there are two main types of occupancy permits, each serving a different purpose:

  1. License of First Occupation: This is for brand new buildings. It’s a way for the authorities to confirm that a newly constructed building is safe and meets all the required standards, like health and safety regulations. It’s given out after the building is completed and inspected. This permit is crucial for getting electricity, water, and gas connected for the first time. Once issued, this license usually doesn’t need to be renewed.
  2. License of Second Occupation: This one applies to existing buildings, especially when they change hands or have undergone significant changes. It’s like a check-up to make sure the building is still in good shape and meets the current living standards. This license is necessary for either re-connecting utilities or changing the utility contracts into someone else’s name. Unlike the first one, this license might have an expiry date and could require renewal.

In simple terms, the First Occupation License is a “birth certificate”  for new buildings, while the Second Occupation License is more like a regular “health check” for older ones. Both are important for legally living in and using the property, and for ensuring access to essential services like water and electricity.

Change of the name from “Certificate of Habitation” to “Licencia de Primera Ocupación”  – First Occupation License

In 2020, Andalucia gov converted the “Certificate of Habitation ” (Cédula de Habitabilidad) to the “License of First of Occupation” (Licencia de Primera Ocupación), and it was only requested to new buildings. This procedure and its implications is exactly the same as per other regions of Spain as Valencia region. (read our Article for Valencia Region here)

So, in Andalucía, the “Certificate of Habitation” is now the “Licencia de Primera Ocupación”, which is used for new buildings.

What about resales?. Is there in Málaga a “Licencia de Segunda Ocupación” or Second Occupation License”? 

Málaga normative does not request Licencia de Ocupación to complete the sale of resales

Tradionally, despite of other regions as Catalonia, Valencia, Murcia, etc, in  Andalucia and Málaga it was not common to get Certificate of Habitation in the sale and purchase or resale properties.

So, in sales and purchases process, it is not necessary to supply from the vendor the Certificate of habitation or Second Occupation License.

Can water and electric contracts be changed in Málaga without Certificate of habitation or Second Occupation License? 

Yes. in Málaga the Certificate of Habitation or Second Occupation license is not needed to make the changes of water and electric contracts. So, most of property purchases in Andalusia are existing homes and some of these do not currently have a CH.

So, as result, even that there is not Certificate of Habitation the sale can be completed, and the changes of water and electric contracts can be completed in the name of the new owners.

How to obtain the Certificate of Habitation or the License of Occupation for old properties in Málaga  for tourist or vacation rent in AirBnB?

As stated above, in Andalucía, it is not required neither  the vendor, nor the buyer, to provide the certificate of habitation in resales. It implies that the find a high number of cases where properties are bought and sold without this certificate in place.

The problem arises when the owner of the property wishes to apply for the tourist rent or vacation rent license. Some big platforms as AirBnb, Homeaway, Booking, etc, force owners to supply the Certificate of Habitation to publish the property in their platforms, and also it is a document requested by the administration to get the tourist license registration.

In order to solve this point, Andalucian Laws has created a document called “Declaración Responsable de Ocupación”. 

The Andalucian Government regulates in the recent law to solve the situation: The LISTA

“Declaración Responsable” in Andalucía – Ley 7/2021 – “LISTA”

The law Ley 7/2021, de 1 de diciembre, de impulso para la sostenibilidad del territorio de Andalucía (also known as “LISTA”), on its  art. 138 establishes 2 ways to obtain the Certificate of Habitation – Second Occupation license by the process of “Declaración Responsable” (Responsible Declaration from the owner).

1.- New buildings or totally renovated properties with a prior Building License or Responsible Declaration (“Declaración Responsable”)

This is the Declaración Responsable for First Occupation License (“Licencia de Primera Ocupación), and it is provided when the occupation or use of buildings or facilities covered by a prior license or responsible declaration of works.

And always provided that they are completed and adjusted to these and their destination is in accordance with the applicable regulations.

2.-  Old properties or existing constructions- Resales – License of Second Occupation by Declaración Responsable

For existing properties or constructions, in the absence of previous building license, it can be obtained a “Declaración Responsable” which will make the same effects as the “Licencia de Ocupación” or “Certificate of Habitation”.

Can a “Fuera de Ordenación” or “DAFO” obtain the license of occupation-Declaración Responsable requested to obtain the tourist or vacation rent license in Málaga? 

Yes. The art. 138 from the LISTA, establishes that a Declaración Responsable, with the same effects as per the License of Occupation, can be obtained in the following cases:

So, in case your intention is to obtain a Tourist License, then, you will be requested to obtain what is called “DECLARACION RESPONSABLE DE OCUPACIÓN”. This is a document issued from the Málaga’s Town Hall and which substitutes the Certificate of habitation. For this, you will need to supply to the Town Hall:

Is it possible to obtain the Certificate of Habitation on a DAFO in Rustic Land in Málaga province? 

No. Following the art 138 from the LISTA, the Declaración Responsable is authorized to obtain for DAFO properties but in “urban land”, not in rustic.

So, how Can I obtain a Tourist Rent License in a rustic land property “Fuera de Ordenación” or DAFO in rustic Málaga?

You can obtain the Tourist or Vacation Rent License with the same DAFO document. The DAFO obtained from the public administration will have the same effects as the License of Occupation in order to obtain the Tourist or Vacation rental License.

What is the license of first occupation? is it the same as Certificate of habitation?

Yes, the “License of Occupation” and the “Occupation License” typically refer to the same thing, although the terminology might slightly vary depending on the region or country. This license is a legal document that certifies a building, or part of a building, as being suitable for occupancy and that it complies with the local regulations and standards set for habitability.

In the context of Spain, and specifically in regions like Valencia, this license is known as the “Cédula de Habitabilidad ” in Spanish, which is often translated as “Certificate of Habitation” or “Habitation Certificate.” It’s important to understand the role and requirements of this document:

Purpose of the License

Key Features

Differences in Terminology

Obtaining the License

It’s important for property owners to be aware of the legal requirements regarding the License of Occupation in their specific location, as failure to have a valid license when required can lead to legal and administrative complications, especially in transactions involving property sales or rentals.

What is the declaration responsible for second occupation ?

The ” statement second responsible _ occupation ” in Spain is a specific administrative document related to the use and occupancy of housing units. It’s particularly relevant when dealing with existing properties that have been previously occupied. Here’s a detailed explanation :

Definition and Purpose

Context and Usage


Legal Implications

Regional Variations

Importance for Property Owners

In summary, the ” Responsible declaration for second occupation ” is a streamlined administrative process used in Spain, particularly for properties that have been previously occupied, to certify their suitability for continued occupancy. Property owners should ensure that their property genuinely meets all required standards before submitting this declaration.

What is the Cadastral value in Málaga

 The ” Cadastral value” in Málaga is an assessed value assigned to a property by the local municipal government . It is used for various administrative and tax purposes. Understanding its specifics can help you navigate property-related fiscal responsibilities more effectively.

Definition and Purpose

How It’s Determined the Cadastral value in Málaga?

Importance for Property Owners in Málaga

Finding the Cadastral Value in Málaga

Impact on Property Transactions

Legal and Administrative Use

Cadastral value in Málaga is a government-assessed value of a property that plays a crucial role in determining tax liabilities. It is a key figure for property owners to be aware of for accurate tax calculation and compliance with local regulations. If you’re unsure about the cadastral value of your property or how it affects your tax obligations, consulting with a local tax advisor or real estate expert can be beneficial.

What is the fiscal value in Málaga?

The “fiscal value” of a property in Málaga, Spain, is a value used by tax authorities to calculate various taxes related to property transactions. It’s an important concept in property taxation and can differ from other valuations like the market value or the cadastral value.

Definition and Purpose

How It’s Determined the Fiscal Value in Málaga?

Differences from Other Values

Importance for Property Transactions

Finding the Fiscal Value

Legal and Administrative Implications

In summary, the fiscal value in Málaga is a valuation used by tax authorities for the calculation of taxes related to property transactions.

It plays a significant role in determining tax liabilities in situations like property purchases, inheritances, and gifts. This value may differ from the market or cadastral values, and understanding it is crucial for property owners and buyers to ensure proper tax compliance.

For specific assessments or disputes regarding the fiscal value, consulting with a tax advisor or legal professional is advisable.

How to obtain a building license in Málaga?

Obtaining a building license in Málaga, Spain, is a critical step in ensuring that any construction, renovation, or significant alteration to a property complies with local regulations and urban planning laws. Here’s a general guide on how to proceed:

  1. Determine the Type of License Required
  1. Prepare the Necessary Documentation
  1. Hire a Qualified Architect or Engineer
  1. Submit Application to the Local Council ( Town Hall )
  1. Pay the Application Fees

In Málaga, the ICIO “ Construction tax ” Works ” is the 3 % of the total amount of the construction (updated 2023).

  1. Wait for Approval
  1. Receive Inspection and Approval
  1. Comply with Regulations and Safety Standards

Important Considerations

After Completion

Obtaining a building license in Málaga requires careful planning and adherence to local regulations. Professional guidance from an architect, engineer, or legal expert can help navigate this process, ensuring that all legal and technical requirements are met.

Where to apply for the building license in Málaga?

Ayuntamiento de Málaga

Edificio Múltiple de Servicios Municipales

You may apply for the building license online

Ayuntamiento de Benalmádena

You may obtain the process online:

Ayuntamiento de Torremolinos

You may obtain the process online:

Ayuntamiento de Fuengirola

Ayuntamiento de Mijas

Ayuntamiento de Alhaurín El Grande

Ayuntamiento de Nerja

Ayuntamiento de Velez Málaga

 Water, electric and gas suppliers in Málaga city, Nerja, Fuengirola, Mijas, Benalmádena, Velez Málaga, Alhaurin el Grande and Torremolinos

In the various cities and towns of the Málaga province, including Málaga city, Nerja, Fuengirola, Mijas, Benalmádena, Vélez-Málaga, Alhaurín el Grande, and Torremolinos, several companies provide water, electricity, and gas services. The suppliers can vary slightly between locations, but here are some of the main providers:

Water Suppliers

Electricity Suppliers

Electricity supply in Spain is liberalized, so consumers can choose from a variety of national providers. Some of the prominent ones include:

Gas Suppliers

Similar to electricity, gas supply in Spain is open to competition, and consumers can select from multiple providers. The main gas suppliers include:

It’s important to note that while these companies are the primary suppliers, consumers in these towns and cities have the freedom to choose their preferred providers from a range of options available in the Spanish market. Additionally, for specific services or contracts, it’s advisable to contact the local town hall or the supplier directly for the most accurate and updated information.

 How to obtain a license for a Well in Málaga?

Building a water well in the Málaga region, as in other parts of Spain, involves a set of specific legal and environmental requirements. These regulations are in place to manage water resources sustainably and protect the environment. The key requirements typically include:

  1. Obtaining a Permit: You need to apply for and obtain a permit from the local water authority, which in Andalusia is the Agencia Andaluza del Agua or Confederación Hidrográfica. This is mandatory to ensure that your well doesn’t negatively impact the local water table or infringe upon the rights of other water users.
  2. Hydrogeological Study: Before drilling, a hydrogeological study may be required to assess the impact on the aquifer, the potential yield of the well, and any possible effects on neighboring water sources.
  3. Environmental Impact Assessment: Depending on the size and location of the well, an environmental impact assessment may be required to ensure that the drilling and the use of the well will not harm the local ecosystem.
  4. Technical Project: The construction of the well must be led by a qualified professional, and a technical project may need to be submitted as part of the permit application. This project outlines the construction methods, materials, and other technical details.
  5. Registration: Once the well is constructed, it must be registered with the appropriate water authority. This registration includes details like the location, depth, and capacity of the well.
  6. Compliance with Local Zoning Laws: Ensure that the well complies with local zoning and land use regulations, particularly in rural or protected areas.
  7. Regular Reporting: Depending on the regulations, you might need to report on the usage of the well, such as the volume of water extracted.
  8. Safety and Access Regulations: The well should be constructed and maintained following safety regulations to prevent accidents. This includes secure access to the well.
  9. Periodic Inspections: The well may be subject to periodic inspections by the authorities to ensure ongoing compliance with environmental and safety standards.
  10. Possible Restrictions: In some areas, especially those where water resources are scarce or overexploited, there may be additional restrictions or even a moratorium on new wells.

It’s essential to consult with local authorities and possibly legal experts in environmental and land-use law to ensure full compliance with all regulations and to understand the specific requirements for the Málaga region. Failure to comply with these regulations can result in fines and legal action, as well as the forced closure of the well.

Can I have solar panels in my house or villa in Málaga?

Yes, you can install solar panels on your house in Málaga, Spain. The Spanish government supports renewable energy and has implemented policies to encourage the use of solar energy. However, there are certain regulations and procedures you need to follow:

  1. Check Local Regulations
  1. Obtain Necessary Permits
  1. Choose the Type of Solar Panel System
  1. Hire a Qualified Professional

Notify _ the Electricity Company

Register _ the Installation

Consider Incentives and Rebates

Maintenance and Insurance

Environmental and Energy Efficiency Certificates

Community of owners

If you live in a community of owners  (like an apartment building), you’ll need the community’s approval for installations on common areas.

Self-Consumption of Enerrgy book in Andalucia region in English (updated 2023)

Andalucía Region  details the process of self-consumption installation  procedure (updated October 2023).

What are the requirements to install a septic tank in my house or villa in Málaga?

Installing a septic tank in Málaga, Spain, requires adhering to specific regulations to ensure environmental safety and proper waste management. Here’s a general guide on the requirements and steps you should consider:

  1. Check Local Regulations and Zoning Laws
  1. Get Necessary Permits
  1. Hire a Qualified Professional

Septic  Tank Design and Size

Environmental Considerations

Installation by Certified Personnel

Regular Maintenance and Inspection

Documentation and Records

Community regulations

Consider Modern Alternatives

Important Considerations

In summary, installing a septic tank in Málaga requires careful planning, adherence to local regulations, professional installation, and ongoing maintenance. It’s crucial to ensure that the system does not harm the environment or pose a health risk to the community.

Can I have pets, cats or dogs in my Málaga house/villa?

General Aspects

In Málaga, Spain, as in many other cities, keeping pets like cats and dogs in an apartment is generally allowed, but there are certain considerations and rules you should be aware of:

Rental _ Agreement Clauses

If you’re renting, check your lease agreement. Some landlords may include clauses that restrict pet ownership or require additional deposits for pets.

Community of Owners ‘ Rules

If the apartment is part of a community of owners ( community of owners ), there may be community rules or bylaws regarding pets. Some communities may have restrictions on the number, size, or type of pets allowed.

Local Ordinances

Familiarize yourself with local ordinances in Málaga regarding pet ownership. These may include rules about registering your pet, vaccination requirements, and leash laws in public spaces.

In Málaga city ordinances about pets and domestic animals is condensed in a normative from 1990, which you may have access at the following link: https://sede.Má

Responsible Pet Ownership

Health and Safety

Balcony Safety

If you have a balcony, ensure it’s safe for pets to prevent falls or escape attempts.

Pets _ Hygiene

Regular grooming and cleaning can help manage pet hair or allergens, which is especially important in shared living spaces.

Size of the Apartment

Consider the size of your pet relative to the size of your apartment. Larger breeds of dogs, for instance, may require more space and exercise.

Noise _ Consideration

Train your pets to minimize excessive barking or noise, as this can be a significant disturbance in apartment settings.

Vet Access

Having access to a local vet or pet care services in Málaga is important for the health and well-being of your pets.

In summary, while having pets like cats and dogs in an apartment in Málaga is generally permissible, it’s important to check any specific rules or restrictions in your lease or community bylaws, and to practice responsible pet ownership. This ensures a harmonious living environment for you, your pets, and your neighbors.

Regulations by cities

Malaga city

Can I have horses in my cortijo-villa in Málaga?

General Aspects

Keeping horses at your home in Málaga, Spain, is subject to specific conditions and regulations, primarily due to the space and care requirements of these animals. Here’s what you need to consider:

Zoning Regulations

Land and Space _ requirements

Stable and Shelter

Veterinary Care

Access to veterinary care is essential. Regular check-ups, vaccinations, and emergency care should be readily available.

Food and Water

Ensure a consistent supply of quality food and fresh water. Horses require a well-balanced diet and plenty of water for their health.

Exercise and Social Needs

Manure Management

Effective manure management is important to prevent odors and maintain hygiene. This includes regular cleaning of stables and proper disposal of manure.

Legal Requirements

There might be specific legal requirements regarding the registration and identification of horses, as well as adherence to animal welfare laws.

Neighborhood Impact

Consider the impact on your neighbors, especially in terms of noise, smell, and overall animal management.

Insurance _

Liability insurance can be crucial when owning large animals like horses, as it protects you in case of accidents or injuries.


 Which are the requirements to get horses in my rustic land in Málaga?

 Getting horses activity in Andalucia is regulated by the following main laws:

  1. Regionals

–         Orden de 29 de abril de 2015, por la que se regula la ordenación zootécnica, las condiciones de bienestar animal, sanitarias y de movimiento de los équidos y de las explotaciones equinas, y su inscripción en el Registro de Explotaciones Ganaderas de Andalucía.

–         DECRETO 14/2006, de 18 de enero, por el que se crea y regula el Registro de Explotaciones Ganaderas de Andalucía.

  1. b) National

–        Real Decreto 804/2011, de 10 de junio, por el que se regula la ordenación zootécnica, sanitaria y de bienestar animal de las explotaciones equinas y se establece el plan sanitario equino.

 The above mentioned normative regulates the following:

 1.- Registration of the equestrian farm at the REGA

 All livestock and equestrian farms located in the territorial area of the Autonomous Community of Andalusia must be registered in the Registry of Livestock Farms of Andalusia (Registro de Explotaciones Ganaderas de Andalucía – REGA), , and must also be registered in the official database of the “Integrated Livestock Management System of Andalusia” (Sistema Integrado de Gestión Ganadera de Andalucía” – SIGGAN).

2.- Identification code of the Fam (“Código de Identificación de la Explotación”)

Andalucia Government will proceed to assign each exploitation an identification code, which guarantees its unique identification. The structure of said code will be: 

 3.- Location and requirements of the Farm

 The requirements that farms must meet:

a) Maintain the sanitary distance required by law according to the species, with respect to other livestock farms, as well as establishments, facilities, towns, roads and paths that may constitute a source of contagion.

b) Have means of production that guarantee the maintenance of an adequate hygienic and sanitary level of the farm and allow cleaning, disinfection, disinfestation and deratization practices to be carried out effectively.

c) Constructions, equipment and materials must not be harmful to animals and must be in accordance with the physiological and ethological needs of each species.

d) Observe the requirements established in the current regulations on animal welfare.

e) Have a lazaret or adequate means for the observation and sequestration of sick animals or animals suspected of contagious diseases.

f) Intensive farms and the accommodation of extensive farms must be isolated, in such a way that the free access of people, animals and vehicles is limited and regulated sanitarily.

g) Be located in a fenced and delimited area. The extensive farms will also have parks or facilities for the capture of all animals on the farm.

h) Have adequate facilities and equipment at its entrances that ensure effective cleaning and disinfection of the wheels of the vehicles and the shoes of visitors.

i) Have adequate means for the handling of animals, which facilitate the performance of health tests and any other inspection work, with due safety guarantees for both the animals that are the subject of those tests and for the personnel who carry them out.

j) The loading and unloading of animals must be carried out with sufficient health and animal welfare guarantees.

k) The management of solid and liquid excrement is will adapt to the provisions of current regulations and those established for each species for this purpose. In case of not be explicitly included in this, intensive farms will count as a minimum:

With ponds, which must be duly fenced around their entire perimeter, whose vessel is waterproofed artificially, excavated from the ground level with a maximum depth of 2.5 meters, maintaining, in any case, a minimum safety distance of 50 centimeters between the surface of the effluent sheet and the edge of the pond.

The minimum authorized capacity of the pond must be sufficient to store the solid and liquid excrement produced for three months, and will have a maximum of 4,000 cubic meters.

The authorization of the installation of the pond or expansion of the existing one will be linked to the authorization of the exploitation by the Provincial Delegation of the Ministry competent in matters of livestock, and the interested party must present the corresponding construction project.

The existence of ponds for collecting excrement, on a livestock farm, will mean registration in the computerized database called the Integrated Livestock Management System (SIGGAN), in the structure data of the farm exploitation, indicating the number of ponds and their capacity in cubic meters.

The content of said Plan will be developed according to regulations.

Owners of livestock farms must prove, where applicable, the availability of surface area sufficient agricultural area for its valorization as organic-mineral fertilizer, respecting the minimum distance in its distribution of 500 meters with respect to the urban nuclei.

In relation to water courses, it will be governed by the provisions of the Hydraulic Public Domain Regulations approved by Royal Decree 849/1986, of April 11, and the provisions of the different basin hydrological plans.

l) Appropriate measures will be adopted to guarantee the elimination or destruction of animal carcasses and other by-products of the exploitation in accordance with current regulations.

Owners of livestock farms must prove, where applicable, the availability of surface area and sufficient agricultural area for its valorization as organic-mineral fertilizer, respecting the minimum distance in its distribution of 500 meters with respect to the urban nuclei.

In relation to water courses, it will be governed by the provisions of the Hydraulic Public Domain Regulations approved by Royal Decree 849/1986, of April 11, and the provisions of the different basin hydrological plans.

l) Appropriate measures will be adopted to guarantee the elimination or destruction of animal carcasses and other by-products of the exploitation in accordance with current regulations.

Before proceeding, it’s advisable to conduct thorough investigation and possibly consult with local authorities, equestrian experts, and veterinarians to ensure that you can meet all the requirements and provide a suitable environment for keeping horses.

How many horses can I have privately in my property in Malaga /Andalucia?

The Andalucian law Orden de 29 de abril de 2015, considers the type of equestrian farms to those  listed at the : Anexo I del Real Decreto 804/2011, de 10 de junio, which expressly identifies the following: Non-commercial exploitation: Exploitation dedicated to the maintenance of Equidae by an individual, without immediate business or commercial purpose, without prejudice to the fact that they will be treated as commercial exploitations as long as they exceed 5 UGM (UGM = More than 12 months horse)

So, taking this into account, out of local normative which could restrict the horse possession at the farm, in Andalucia is allowed to get up to 5 horses as individual and non-commercial exploitation basis.

Buying in a house in Málaga

General tips and recommendations

Buying a house in Málaga, Spain, can be a straightforward process, but it’s important to be aware of the legalities to ensure a smooth transaction. Here are some key legal tips to consider when purchasing a property in Málaga:

Hire a local Málagan qualified Lawyer 

A local lawyer familiar with Spanish property law can guide you through the process, handle legal checks, and ensure that all documents are in order.

Check the Property’s Legal Status – Legal Searches

Review the Property’s Building Specifications

If buying a new build or a property under construction, check the builder’s or developer’s credentials and the building specifications.

Ensure Urban Compliance

Confirm that the property complies with local urban planning laws. This is especially important for rural properties, where there can be restrictions.

Secure a Mortgage Pre-Approval

If you need financing, secure a mortgage pre-approval before committing to a purchase. Be aware of the terms, conditions, and associated costs.

Review and Understand All Contracts

Thoroughly review the purchase contract (contrato de compraventa) before signing. It should detail the sale conditions, property description, purchase price, and payment terms.

Pay Attention to the Deposit Agreement


Arrange for a Property Survey

Consider having a property survey done to check for structural issues, especially for older properties.

Plan for Additional Costs

Purchase Title Insurance

While not mandatory, title insurance can provide additional security against any unforeseen legal issues.

Completion and Registration

NIE Number

If you’re a non-resident, ensure you have a Spanish identification number for foreigners (Número de Identificación de Extranjero or NIE) which is required for property transactions in Spain.


After purchasing, make sure to change utilities and services into your name and set up local tax payments.

Cultural and Linguistic Considerations

If you’re not fluent in Spanish, it’s advisable to have all documents translated to ensure full understanding.

Download our ultimate and complete guide How to Buy in Spain

Buying property in Spain involves various legal steps and checks. Having expert guidance from a local real estate lawyer can greatly facilitate this process and help avoid common pitfalls. Remember, every property and transaction is unique, so tailored advice is crucial.

Click in the link to obtain our Guide on How to Buy a property in Spain

When buying a property in Málaga, Spain, there are various expenses that you will need to consider. These expenses can differ slightly depending on whether the property is a new build (obra nueva) or a resale (segunda mano). Here’s an overview of the costs you might expect in each case.

Expenses and taxes when buying a house/villa in Málaga 

Buying a New Build Property (Obra Nueva)

Buying a Resale Property (“Segunda Mano”)

Other expenses: 

  1. Notary Fees: As with new builds, these fees depend on the price of the property.
  2. Property Registry Fees: To register the change of ownership.
  3. Legal Fees: Legal assistance will incur fees, similar to those in new property purchases.
  4. Bank Fees: Similar mortgage-related fees if you’re financing the purchase.
  5. Others:Power of attorney, NIEs, connections of water and electric, etc.

Common Expenses in Both Cases

Important Tips

Calculator or costs, taxes and expenses when buying a house in Málaga – Mortgage expenses also!

Click here to get access to our updated Calculator for buying a house in Spain + Mortgage expenses

Owning a house in Málaga – Taxes, maintenance, and costs

Taxes and expenses to own a house in Málaga

Sure, here is an updated overview of the taxes and maintenance costs of a house in Málaga, including wealth tax and tax on the rent of properties:

·       IBI ( Tax about Estate Real Estate )

This is the municipal property tax, which is based on the cadastral value of the property. The cadastral value is an official valuation of the property that is set by the local government. The IBI tax rate is typically between 0.4% and 1.1% of the cadastral value.

·       Income Tax on the Income of Physical Persons )

This is the personal income tax, which is charged on the income from owning a property. The income from owning a property is calculated as 2% of the cadastral value of the property, or 1.1% if the cadastral value has been revised since January 1, 1994. The IRPF tax rate es typically between 19% and 24%.

·       Municipal Plusvalía (Tax on the Increase in the Value of Urban Land)

This is a local tax that es charged on the increase in the value of a property overtime . The tax rate is typically between 4% and 11% of the increase in value.

·       Wealth Tax on  Málaga Assets

This is a wealth tax that is charged on the value of an individual’s assets, including property. The tax rate is progressive, meaning that the tax rate increases as the value of an individual’s assets increases.

In 2023, the Wealth tax in the whole Andalucía is abolished. So, there is not any Wealth Tax to pay.

This is a tax that is charged on the rent of properties. The tax rate is typically between 0.5% and 1% of the rental income.

Maintenance costs


Here is an example of the estimated taxes and maintenance costs for a typical house in Málaga:

This is just an example, and your actual costs may be higher or lower depending on your individual circumstances. It is important to do your research and get quotes from different providers before buying a house in Málaga.

What is the Income Tax in Málaga and how to pay

Paying your income tax in Málaga, Spain, generally involves several steps that are similar to the tax payment process in other parts of the country. Here’s a basic overview of the process :

  1. Determine Your Tax Obligation : First, you need to determine if you are required to file a tax return in Spain. This usually depends on your residency status and your income level. As a resident in Spain, you are typically taxed on your worldwide income. Non- residents are taxed only on their Spanish income .
  2. Gather Necessary Documents : Collect all necessary documents, including your income statements, details of any deductions or credits you’re eligible for, and your identification (such as your NIE – Numero de Identidad de Extranjero ).
  3. Use the Tax Agency’s Online Services : The Agency Tributaria (Spanish Tax Agency) provides an online system called Renta WEB for filing tax returns. You can access this system through the Agency Tributaria’s website. It’s available for both residents and non- residents.

Tax offices in Málaga province

You can also get direct advice about your income tax in any of the offices for income tax at the Málaga province:







  1. Filing Your Tax Return : The tax year in Spain runs from January 1st to December 31st, and tax returns are generally filed between April and June of the following year. You can file your tax return online using the Renta WEB service. If you’re not comfortable doing it yourself, you might consider hiring a tax advisor.
  2. Payment : If you owe tax, you can pay it directly through the Renta WEB service. Payments can be made via direct debit from a Spanish bank account, credit or debit card, or other online payment methods.
  3. Automatic Drafts : For residents, the tax agency may provide an automatic draft of the tax return based on the data they have. This draft can be modified if needed and then submitted.
  4. Keep Records : After filing, keep a copy of your tax return and the confirmation of submission and payment for your records.
  5. Deadlines and Penalties : Be aware of the filing and payment deadlines. Late filing or payment can result in penalties .
  6. Ask for a tax lawyer. If you are not fluent in Spanish or are unfamiliar with the Spanish tax system, it is advisable to seek assistance from a tax lawyer. They can help ensure that your tax return is completed accurately and that you take advantage of any applicable deductions and credits. Additionally, tax laws and procedures can change, so it’s important to have the most current information.

Download our complete Guide on Tax Spanish System

Full report and understanding on Income Tax, Corporate tax, and general concepts

Málaga Income Tax Calculator

Would you like to get a FREE and NO COST income tax calculator in Málaga? , just visit our Spanish Tax Calculator site, where you will different Calculators where you will get simulation in taxes as:

  1. Taxes on property rent in Málaga
  2. How much tax to pay in pensions in Málaga?
  3. What are the costs when buying a house in Málaga
  4. What are the cost, taxes and expenses to pay when selling a house in Málaga?

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Selling a house/villa in Málaga 

How much taxes to pay when selling a house in Málaga?

When selling a house in Málaga, Spain, there are several costs and taxes that you need to consider. These costs can vary depending on various factors such as the value of the property, your residency status, and how long you have owned the property. Here are the key expenses:

Plusvalía (Local Capital Gains Tax)

This is a tax on the increase in the value of the land from the time you bought the property until you sell it. The amount depends on the location of the property, the period of ownership, and the increase in the value of the land. Each local council has its own rates and method of calculation.

Capital Gains Tax on Capital Gains )

If you’re a resident in Spain and selling a property that is not your main home, you’re subject to capital gains tax on the profit (difference between the purchase price and the selling price). The rates can vary, typically ranging from 19% to 23%. However, there are exemptions and reductions in certain cases, like if you’re over 65 and have lived in the home for a certain period.

Income Tax for Non-Residents (IRNR)

If you are a non-resident, you’ll pay a flat rate of 19% (for EU citizens) or 24% (for non-EU citizens) on the profit.

Real Estate Agent Fees

If you use a real estate agent, expect to pay a commission. This varies but typically ranges from 3% to 5% of the selling price, plus VAT (VAT).

Notary and Property Registry Fees

These are smaller costs for the legal paperwork involved in the transaction. They can vary depending on the complexity of the sale and the value of the property.

Lawyer and Solicitor Fees

If you hire a lawyer, their fees will depend on the services provided and the complexity of the sale.

Mortgage Cancellation Fees

If there’s a mortgage on the property, there will be fees associated with canceling it.

Energy Performance Certificate (EPC)

You are required to have an EPC when selling a property in Spain. The cost for obtaining this certificate depends on the property size but is generally not a significant expense.

Renovation of the Certificate of habitation

We recall that you should provide to the buyers the confirmation that your property has the legal habitable conditions and that it fulfils with the local and regional laws. For this reason, in Málaga region you would need to obtain a renewed Certificate of habitation to the eventual buyers of your property.

Updating constructions on your property

Specially when you have made reforms or extensions on your property, you will need to provide to eventual buyers that these works have been covered by the proper building license, and that they are updated at the land registry and the Catastral office.

Other Possible Costs 

Depending on the specifics of the transaction, there might be other costs to consider, such as community fees if the property is part of a community of owners.

It’s important to calculate these costs in advance to understand how they will affect your net proceeds from the sale. Also, tax laws can change, and personal circumstances can affect tax liabilities, so it’s often advisable to seek advice from a tax consultant or a real estate lawyer.

Download our Complete and Ultimate Guide on How to Sell a property in Spain

Steps to follow in the sale process. Capital Gains calculation, expenses, commissions, fees, is essential at the very beginning of the process.

Download here

Málaga Tax on the Sale Calculator  

Would you like to get a FREE and NO COST income tax calculator in Málaga? , just visit our Spanish Tax Calculator site, where you will different Calculators where you will get simulation in taxes as:

  1. Taxes on property rent in Málaga
  2. How much tax to pay in pensions in Málaga?
  3. What are the costs when buying a house in Málaga
  4. What are the cost, taxes and expenses to pay when selling a house in Málaga?

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Renting a house/villa in Málaga

Which are the best areas for rent in Málaga?

Choosing the best areas in Málaga city for renting depends largely on your personal preferences, lifestyle, and budget. Málaga offers a diverse range of neighborhoods, each with its unique character and amenities. Here are some popular areas, each appealing for different reasons:

  1. Centro Histórico (Historic Center): Ideal for those who love urban living and being in the heart of the city. The area is bustling with cafes, museums, shops, and historical sites. It’s perfect for people who enjoy a vibrant cultural scene and don’t mind the hustle and bustle.
  2. La Malagueta: A prestigious neighborhood near the beach, offering a mix of traditional and modern apartments. It’s close to the city center yet offers a more relaxed vibe. Great for beach lovers and those seeking a balance between city life and leisure.
  3. El Limonar: An upscale area known for its luxurious villas and high-end apartments. It’s a bit quieter than the city center and is suitable for families or those looking for a more exclusive environment.
  4. Teatinos: Popular among students and young professionals due to its proximity to the University of Málaga. The area is vibrant, relatively affordable, and has good public transport links.
  5. Pedregalejo and El Palo: Former fishing districts, now popular for their beaches, promenade, and fish restaurants. These areas have a more laid-back atmosphere and are popular with both locals and expats.
  6. Soho: Known as the arts district, Soho is undergoing revitalization and is popular with a younger crowd. It’s great for those who appreciate street art, contemporary culture, and a slightly edgier vibe.
  7. Ciudad Jardín (Garden City): A greener, more residential area with a family-friendly environment. It’s a bit further from the city center but offers a more relaxed pace of life.

Each of these areas has its own charm and advantages, so the best choice depends on your personal needs, whether you prioritize being close to the beach, want a vibrant nightlife, seek a family-friendly environment, or need to be near educational institutions. Prices can vary significantly between these areas, with the Historic Center and La Malagueta generally being more expensive, while Teatinos and Ciudad Jardín might offer more affordable options.

Which are the most rented areas in Málaga by Airbnb (2023)?

There are certain areas in Málaga, Spain, that tend to be particularly popular for Airbnb rentals. The popularity of these areas is often influenced by factors such as proximity to tourist attractions, beaches, restaurants, and the overall charm of the neighborhood.

Here are is the list (by volume)  of the most rented areas in Málaga for Airbnb as of 2023:

  1. Centro Histórico (Historic Center)
  2. La Malagueta:
  3. Soho.
  4. El Palo and Pedregalejo
  5. El Limonar
  6. Teatinos.

 Average of rental prices in Malaga city in 2023?

Rental costs in Malaga city vary depending on the neighborhood, the size of the property, and the amenities offered. However, in general, you can expect to pay the following amounts for rent in Malaga city in 2023:

Here is a table of average rental prices in Malaga city in 2023:

Property Type Average Monthly Rent (€)
Studio 500
One-bedroom apartment 700
Two-bedroom apartment 850
Three-bedroom apartment 1,100

Please note that these are just averages, and actual rental prices may vary depending on the specific property and neighborhood.

Here are some additional factors that can affect rental costs in Malaga city:

What are the costs for renting a house/villa in Málaga?

When renting out your house in Málaga, there are several costs and taxes that you, as a landlord, need to be aware of. These costs can vary depending on your specific situation, the property, and the rental agreement. Here’s a breakdown of the main expenses and taxes :


  1. Income tax on Rental Earnings (Personal Income Tax – IRPF) : Rental income es taxable in Spain. If you are a resident, this income must be declared as part of your annual income tax return. The tax rate depends on your total income bracket, which can range from 19% to 45%. Non-residents are taxed at a flat rate of 19% for EU/EEA citizens and 24% for non-EU/EEA citizens.
  2. Deductible Expenses : As a landlord, you can deduct certain expenses related to the rental property from your rental income before taxation. These include mortgage interest, local taxes (IBI), community fees, insurance, maintenance and repair costs, utility bills (if paid by you), and legal fees related to renting out the property.

Other Costs

  1. Property Maintenance and Repairs : Regular maintenance and any necessary repairs to keep the property in good condition are your responsibility as the landlord unless the rental contract specifies otherwise.
  2. Utility Bills : Depending on the rental agreement, utility bills (electricity, water, gas, etc.) may either be the responsibility of the tenant or the landlord. If the landlord is responsible, these costs need to be considered.
  3. Community Fees : If your property is part of a community of owners, you’ll need to pay community fees. These fees cover common area maintenance and services .
  4. Insurance : It’s advisable to have home insurance that covers rental properties. This insurance can be more expensive than standard home insurance.
  5. Property Management Fees : If you hire a property manager or management company to handle the rental, you will need to pay for their services. Este typically ranges from 8% to 12% of the monthly rent .
  6. Legal and Professional Fees : If you need legal advice or accounting services related to your rental activity, these will be additional costs.

Considerations for Non- Residents

Keep in Mind

Renting out property in Spain can be a good source of income, but it’s important to be fully informed about the financial and legal responsibilities involved

Málaga Tax on the rent Calculator

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    1. Taxes on property rent in Málaga
    2. How much tax to pay in pensions in Málaga?
    3. What are the costs when buying a house in Málaga
    4. What are the cost, taxes and expenses to pay when selling a house in Málaga?

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 How to get tourist license in Málaga

Obtaining a tourist rental license in Málaga, Spain, is an important step if you’re planning to rent out your property as short-term holiday accommodation. Here’s a general guide on how to proceed:

Ensure Your Property is Eligible

Important Considerations

The process of obtaining a tourist rental license in Málaga requires careful attention to local laws and standards. Ensuring full compliance not only avoids legal issues but also enhances the experience and safety of your guests.

Visit our specialized section about How to register for Tourist Rent License

For more information and assistance on How to obtain the tourist license in Málaga region, just visit our specialized section about

 Process and Registration of Tourist rent in Andalucia

Squatters and “Okupas” or Squatters in Málaga. Is this a real problem? 

The presence of “okupas” in Malaga city has been a growing concern in recent years. Okupas are individuals or groups who illegally occupy properties without the owner’s consent. While the exact number of okupas in Malaga is unknown, it is estimated to be in the hundreds.

The okupa phenomenon has a number of negative consequences for both property owners and the wider community. For property owners, it can mean financial hardship, as they may have to pay for repairs to the property and lost rent. It can also be emotionally distressing to have your home occupied by strangers.

For the wider community, okupas can create a sense of insecurity and fear. They can also lead to an increase in crime and a decrease in property values.

The city of Malaga has taken a number of steps to address the okupa problem, including:

However, the okupa problem remains a challenge, and there is no easy solution.

Here are some tips for property owners in Malaga to help prevent okupation:

If your property has been occupied by okupas, it is important to seek legal advice as soon as possible. You should not try to evict the okupas yourself, as this could lead to violence.

 How to avoid squatters or squatters in my house in Málaga?

Preventing squatters, known as ” squatters ” in Spain, from occupying your property, especially if it’s a second home or if you’re frequently away, requires taking proactive measures. Here are some effective strategies:

  1. Regular Visits and Inspection
  1. Security Measures
  1. No Signs of Vacancy
  1. Property Maintainance 
  1. Neighborhood watch

** Insurance

Ensure your property insurance covers squatting-related incidents, providing added protection and peace of mind.

  1. Legal Consultation
  1. Hire a Property Management Company
  1. Use the Property

Prompt  action if Squatting Occurs

If you discover squatters, act quickly. The longer they stay, the more difficult it can be to legally remove them.

Key Considerations

Implementing these preventative measures can significantly reduce the risk of squatters occupying your property in Spain. It’s about making your property a less attractive or easy target while ensuring that any potential issues are addressed swiftly and legally.

Lawyers practice in Málaga

1.- How to be registered as a lawyer in Málaga

 – Málaga – “Bar Association”

In Málaga, as in all the Spanish territory, lawyers must be registered at the “ College of Lawyers ” to be able to practice their profession. Bar associations are professional institutions that represent lawyers and regulate the practice of law.

In Spain there are 83 Bar Associations , one for each province and one for the Autonomous City of Ceuta and one for the Autonomous City of Melilla. The bar associations are grouped together in the General Council of Spanish Lawyers (“Consejo General de la Abogacía ”), which is the representative body of the Spanish legal profession.

In Málaga province, there are 2  “College of Lawyers”

The college of Lawyers from Málaga has different delegations as:

To be able to register in a bar association, the lawyer must meet the following requirements:

Once a lawyer enrolls in a bar association, he or she acquires the status of “ registered lawyer .” The registered lawyer has the right to practice law throughout Spanish territory.

Bar associations have the following functions:

Bar Association are a fundamental piece of the Spanish judicial system. Bar associations ensure that lawyers meet training and professional ethics requirements , and that citizens have access to quality legal defense.

What are the costs of a Lawyer in Spain for buying/selling a house or Villa?

The average of fees of reputed and qualified lawyers in Málaga is 1%-2 % + VAT with a “minimum”. This “minimum” depends on the expertise and the service to be offered by the lawyer. This minimum may vary from 2,000 – 3,000 EUR + VAT minimum.

How chose the Best Lawyer for Property/real estate lawyers for buying or selling a house/villa in Málaga

Not to hire a lawyer service in Spain for a price lower than that, because it could result in a poor quality service, or a fault of legal guarantees of the process. A reduction of a few hundred Euros in lawyer’s fees could not be nothing in comparison with the investment of property acquisition.

So, it is essential to hire a reputed, experienced, and skilled lawyer. Confirm that the lawyer is expert, not only in real estate law, but also in Construction.

Searches: Buying a property in Málaga requires a very complex process where a lot of information is needed to complete the proper legal study of the case and of the property.

In many occasions lawyers offer is:

– Legal searches about property: ownership, charges (if any), updated in taxes payments and supplies, etc.


The above services are correct. The majority of the lawyers in Real Estate Law offer these “formal” services, which are essential to proceed in the purchase process.

Legal study of the property: Legal searches

In the majority of the cases from lawyers in Málaga, we find the following service:

Services mentioned above are also correct, and they must be processed in the right way in the acquisition process.

Both services: Formalities + Legal Checking of the property, is what you may expect in the majority of the lawyers’ service in Málaga when buying a property.

But, unfortunately, this is NOT ENOUGH. In order to have a safe and guaranteed transaction, the “Legal Study” or “Legal Searches” must be more completed.

What kind of Legal Study or Legal Searches a qualified lawyer must do when buying a house in Spain?

Unfortunately, it is not easy to find reputable companies in this sector which make “complete searches”.

Why the majority of the legal professionals in Spain do not make “complete searches”?.

 The reasons may be:

And this is the reason why, in the past, international buyers they have found so many problems with their properties after their acquisitions . They bought their properties being assisted by non-professional intermediaries (like agents), or by lawyers who maybe made the searches, BUT NOT ALL OF THEM.

And, this is now the reason why international or foreign buyers they make comparisons of legal service just considering the “amount of fees”. If the system was certain, as in their countries, then, the process, even conducted by a non-skilled professional, may have high guarantees of success. So, getting the cheapest offer of service may be important.

Civil and professional insurance

Your lawyer must be covered by the proper civil insurance to protect you in case or fault of service, bad practice, or negligence. So, ask your lawyer to show you his Civil liability insurance

Lawyers’ services in Málaga

Málaga has a full covered legal service of lawyers, which offer all the aspects and matters of the legal service.

Property lawyers and solicitors in Málaga & Qualified lawyers experts in Property law and Construction law

Lawyers for Property and Construction disputes in Málaga

Civil lawyers in Málaga

Inheritance lawyers for Spanish laws

These lawyers specialize in helping people resolve inheritance disputes. They may help clients draft wills, codicils, and other estate planning documents, or represent them in court in the event of an inheritance dispute from a Spanish point of view.

International Inheritance and succession lawyers

International inheritance lawyers are lawyers who specialize in inheritance law as it applies to cases involving people from different countries. Inheritance law is a branch of law that deals with the distribution of a deceased person’s assets.

International inheritance lawyers can help people navigate the complex inheritance laws of different countries.

Services offered by international inheritance lawyers:

However, in general, international inheritance lawyers typically perform the following tasks :

Here are some specific examples of what international inheritance lawyers can do :

Criminal lawyers in Málaga 

You may also find Criminal lawyers in Málaga. A criminal lawyer, also known as a criminal defense attorney, is a legal professional who represents individuals or organizations accused of crimes. They work to protect the legal rights of their clients and ensure that they receive a fair trial. Criminal lawyers can work for either the defense or the prosecution.

Duties and Responsibilities of a Criminal Lawyer:

Types of Criminal Lawyers

Labor lawyers in Málaga

A labor lawyer, also known as an employment lawyer , is a legal professional who specializes in the law governing labor relations and employment practices. They represent individuals and organizations on a wide range of labor-related issues, including:

Duties and Responsibilities of a Labor Lawyer:

Tax or Fiscal Lawyers in Málaga

fiscal lawyer , also known as tax lawyer , is a legal professional who specializes in tax law. They advise individuals and businesses on a variety of tax-related matters, including tax planning, tax compliance, and tax disputes.

Duties and Responsibilities of a Tax Lawyer:

Corporate Lawyers in Málaga 

A corporate law lawyer is a legal professional who specializes in the law governing businesses and corporations. They advise businesses on a wide range of legal matters, including:

Immigration lawyers in Málaga

An immigration lawyer is a legal professional who specializes in immigration law. They advise individuals on a wide range of immigration matters, including:

International lawyers orientation in Málaga

·       English speaking lawyers and solicitors in Málaga

In addition to Spanish, some lawyers and solicitors in Spain may also be proficient in English. This is particularly common among lawyers who practice in international law or who have clients who are from English-speaking countries. English proficiency can also be helpful for lawyers who need to research foreign law or who need to attend international conferences or meetings.

·       French speaking lawyers in Málaga

As difference of English, there are less French speaking lawyers in Málaga city, but there are some lawyers bureau (as TLA Lawyers) who provide legal service from the staff in French, including the lawyers.

·       Dutch/ Netherlandse speaking Lawyers in Málaga

There are only a few of lawyers in Málaga offering Dutch/ Netherlanse / Flemish service. TLA lawyers is one of them. So, TLA lawyers team provides perfect Dutch/ Netherlands legal service in Málaga.

·       German speaking Lawyers in Málaga

There are not so many offices of lawyers with good level of German. TLA is one of them. So, TLA Lawyers team provides legal service in perfect German in Málaga office.

Tribunals and Courts of Justice in Málaga

In Málaga, Spain, there are several courts of law that handle different types of legal matters. Here we provide you with a list of some of the most important courts:

1. Superior Court of Justice of the Málagan Community

It is the highest court in the Málagan Community and deals with civil, criminal, administrative, labor and contentious-administrative matters.

2. Provincial Court of Málaga

It is in charge of appeals against court sentences and more serious criminal matters.

3. Courts of First Instance

They handle civil cases such as lawsuits, divorces, and family matters.

4. Criminal Investigative Courts (“de Instrucción”)

They are in charge of the investigation phase in criminal proceedings.

5. Criminal Courts

They deal with criminal offenses that do not require the intervention of the Provincial Court.

6. Labor Courts (” de lo Social”)

These courts deal with cases related to labor law, such as dismissals or conflicts between workers and companies.

7. Contentious-Administrative Courts

In charge of litigation between citizens and the Public Administration.

8. Violence against Women Courts

Specifically dedicated to cases of gender violence.

9. Civil Registry

For procedures related to the marital status of people, such as births, marriages and deaths. It is located in the City of Justice.

10. Juvenil-Minors  Courts

They deal with cases involving minors, both in criminal matters and in protection measures.

City of Justice of Malaga

Most of the courts are concentrated in the City of Justice of Málaga, a complex that centralizes the judicial activity of the city.

List of notaries in Malaga and surrounding


Notary Name Telephone Address
Notaría de Málaga nº 1 Miguel Ángel García López 952 216 000 Calle Alcazabilla, 10, 29015 Málaga
Notaría de Málaga nº 2 José Manuel Marín Ruiz 952 218 000 Calle Granada, 17, 29015 Málaga
Notaría de Málaga nº 3 José Antonio Fernández-Crehuet García 952 219 000 Calle Granada, 21, 29015 Málaga
Notaría de Málaga nº 4 Juan Francisco García Márquez 952 220 000 Calle Granada, 23, 29015 Málaga
Notaría de Málaga nº 5 Antonio Jesús Guerrero González 952 222 000 Calle Granada, 25, 29015 Málaga
Notaría de Málaga nº 6 María Teresa García Muñoz 952 224 000 Calle Granada, 27, 29015 Málaga
Notaría de Málaga nº 7 Ángela María García Torres 952 226 000 Calle Granada, 29, 29015 Málaga
Notaría de Málaga nº 8 José Miguel López-Fuster López 952 228 000 Calle Granada, 31, 29015 Málaga
Notaría de Málaga nº 9 María Teresa Ortiz Díaz 952 230 000 Calle Granada, 33, 29015 Málaga
Notary Name Telephone Address
Notaría de Benalmádena Manuel Jesús Rodríguez García 952 477 000 Avenida Antonio Machado, 3, 29660 Benalmádena
Notary Name Telephone Address
Notaría de Fuengirola Javier López-López Guerrero 952 580 100 Calle San Francisco, 23, 29640 Fuengirola
Notary Name Telephone Address
Notaría de Vélez-Málaga


Jesús Javier Fernández López 952 540 800 Calle San Francisco, 1, 29700 Vélez-Málaga



Notaría de Dña. Milagros Mantilla de los Ríos Vergara: Address: C. la Cruz, 17, 29780 Nerja, Málaga, Spain Phone number: +34 952 52 46 31
Notaría de D. José-Alberto Núñez González: Address: C. Diputación Provincial, n° 6, Bajo, 29780 Nerja, Málaga, Spain Phone number: +34 952 52 01 92
Notary Name Telephone Address
Notaría de Ronda José María Guerrero Pérez 952 185 000 Plaza de España, 1, 29400 Ronda
Notary Name Telephone Address
Notaría de Mijas María del Carmen García-Gallardo Pérez-Moreno 952 588 800 Calle Andalucía, 16, 29650 Mijas
Notary Name Telephone Address
Notaría de Torremolinos José Antonio López Martínez 952 370 100 Avenida Isabel la Católica, 1, 29620 Torremolinos

Do I need a lawyer or a notary to buy a house in Málaga city?

In Spain, including Valencia, the process of buying a house typically involves both a notary and a lawyer, although their roles are distinct:

  1. Notary: A notary in Spain is a public official who is essential for the property buying process. They are responsible for preparing the deed of sale (escritura pública), verifying the identity of the parties involved, ensuring the legality of the transaction, and registering the property in the Land Registry. The involvement of a notary is a legal requirement for the sale to be formally recognized.
  2. Lawyer: While not legally mandatory, hiring a lawyer is highly recommended when purchasing property in Spain. A lawyer can provide crucial services such as conducting due diligence on the property, ensuring there are no outstanding debts or legal issues, assisting with negotiations, and guiding you through the complexities of the Spanish legal system. They can also represent your interests and ensure that all legal requirements are met.

Why a lawyer is needed in a purchase/sale of a house or Villa in Málaga?

Because the Notary will not do the following:

Inheritance process in Málaga

What to do in an inheritance process in Málaga

When dealing with an inheritance process in Málaga, Spain, there are several key steps and considerations to keep in mind. The process can be complex, especially if you are not familiar with Spanish law. Here’s a general guide on que all :

Obtain the Death Certificate (Death Certificate) :

This is the first step in the inheritance process. You can obtain the death certificate from the Civil Registry where the death occurred.

In case of Málaga city, the Civil registry contact details is the following one:

 Civil Registry of Málaga


 Get the Last Will 

Notarial Testament or Declaration of Heirs 

If there is a will, the heirs are designated in it. If there isn’t a will, a Declaration of Heirs must be processed before a notary.

Inventory of the Estate 

Make an inventory of all the assets and debts of the deceased. This includes properties, bank accounts, investments, debts, etc.

Pay Inheritance Tax (Inheritance Tax in Málaga) 

Download our Complete Guide on Inheritance process and Inheritance tax in Spain

More than 20 years practice

Málaga inheritance tax calculator 

Visit our specialized section where you can find plenty of information about inheritance in Málaga, Málaga inheritance tax and how to execute a Will or Testament in Málaga region