Would you hire a buyer's agent from another country to buy a home in your own region? Probably not.
Yet something similar happens with property transactions in Spain. International buyers regularly hire a lawyer, gestor or adviser from another comunidad autónoma, assuming legal advice in Spain is more or less the same everywhere.
That's a persistent misconception.
Spain is not one-size-fits-all. Of course there's national legislation, but in property law especially, practice is strongly shaped by regional and local rules. So if you're buying a home on the Costa Tropical, it pays to work with professionals who know the area. Not just Spain, not just Andalusia, but ideally also the province of Granada and the specific municipality where the home is located.
Spain is one country, but not one property market
To many international buyers, Spain feels like one property market with one legal system. In reality it works differently.
Think of the United States rather than many Northern European countries: one country, but different legal practices.
Alongside national legislation, the autonomous regions have far-reaching powers over planning, taxes, housing and licences. You notice it with something as basic as the transfer tax.
In Andalusia, the transfer tax (Impuesto sobre Transmisiones Patrimoniales, or ITP) on existing homes is currently 7%, while Madrid applies 6%. In the Valencia region it can go up to 10%.
But the most important differences run deeper. Which documents are legally relevant, which licences are required and how certain rules are applied in practice differs not only by autonomous region, but sometimes even by municipality.
A common misconception: the Licencia de Primera Ocupación
A classic example is the Licencia de Primera Ocupación.
Buyers who first searched in other parts of Spain and then moved on to Andalusia in particular often run into this. They've heard so often that this licence is essential that it almost becomes a mantra: no licence means a problem.
But that's not how it works in Andalusia.
For older existing homes, a Licencia de Primera Ocupación is usually not required for a sale in practice. The notary won't normally ask for it either, and for existing homes its absence is usually no obstacle to getting a mortgage.
That doesn't mean the licence is never relevant, of course. With new builds or recently completed homes, the situation can be different. Context is key.
And that's exactly where things often go wrong when advisers apply rules or practices from other regions to property in Andalusia.
Regional differences go beyond legislation
It's not just the rules that differ, it's the practice too.
Which documents a town hall accepts, how quickly procedures run and how strictly certain rules are applied can vary widely. Granada is not Málaga. Almuñécar is not Salobreña. And Salobreña isn't Motril either.
This applies, for example, to procedures around obra nueva antigua, holiday rental licences, AFO declarations, urban planning and enforcement policy.
An adviser who doesn't know local practice can underestimate risks, but also exaggerate them unnecessarily. Both can lead to delays, extra costs and needless uncertainty.
Choosing your adviser is part of managing your risk
There's also a cultural difference at play.
In many countries we're used to a professional saying when a question falls outside their expertise. In Spain that happens noticeably less often. Saying “no” as a service provider isn't a popular sport here.
That's exactly why the buyer has a responsibility too. You can't say afterwards: “But I had a lawyer, they should have known.”
Choosing an adviser may well be the first and most important decision in the buying process. Not every lawyer specialises in property, and not every property specialist knows the regional and local practice of the Costa Tropical.
So always ask where someone works, in which region they have experience and how often they handle transactions in the municipality where you want to buy.
Why we believe in local advice
With property on the Costa Tropical, it's not just about the home itself, but also about the surroundings, the regulations and local practice.
That's why we believe in advice that goes beyond a standard legal check. We look not only at national legislation, but also at regional regulations in Andalusia, procedures in the province of Granada and the specific points of attention in the municipality where you're buying.
Because the more local the knowledge, the smaller the chance of surprises.
