6 Tips to avoid risks when buying an off-plan property in the Costa del Sol

Updated for 2026. Buying an off-plan apartment in Marbella and the Costa del Sol today updated from 2021–2022.
Fewer new developments, higher construction costs, stricter urban planning controls and longer delivery times mean buyers must be more selective.

If you want a complete, updated and more detailed explanation of how to safely buy an off-plan property in the Costa del Sol — including current payment schedules, legal protections, licences, mortgages, and investment insights — you can also read our main guide:
Buying Off-Plan Property in Costa del Sol (2025–2026 Guide).

1) Read carefully all of the contract’s clauses

This is one of the most critical phases of the process. Before signing any reservation or private purchase contract, all clauses must be carefully reviewed.
Pay particular attention to delivery dates, specifications, payment stages, exit clauses and penalties.

If any point is unclear or seems unbalanced in favour of the developer, consult an independent property lawyer before signing.
We collaborate with experienced, internationally-trusted property lawyers who can review contracts, verify licences and follow the entire process on behalf of foreign buyers.

Off-plan contracts are binding and should never be treated as a formality.

2) Late delivery penalties and realistic timelines

The contract must clearly specify penalties in case of delayed delivery.
In the current market, delays of 6–12 months are not uncommon, even in licensed developments.

Avoid clauses that exempt the developer from responsibility due to vague reasons such as “circumstances beyond their control”.
Clear penalty clauses and defined exit options are essential to protect your position.

3) Make payments by bank transfer and verify individual bank guarantees

All stage payments should be made via bank transfer, clearly identifying the buyer and the development.
The developer must deposit buyers’ funds into a dedicated account used exclusively for construction-related expenses.

Each payment must be protected by an individual bank guarantee.
A general insurance policy or collective guarantee is not sufficient.
Always request and keep a copy of the bank guarantee document for every payment made.

Bank guarantees protect buyers if the developer fails to deliver the property on time or enters insolvency.

4) Investigate the developer’s track record

Before committing, research the developer’s background thoroughly.

Check previous projects, delivery timelines, build quality, financial stability and any unresolved legal disputes.
We actively help buyers shortlist and select the most reliable and trustworthy developers and promoters, based on verified track records, completed projects and delivery history, allowing clients to make informed and confident decisions.

Established developers with a proven track record are generally safer, especially in the current regulatory environment.

5) Verify licences — this is critical in Marbella

One of the most important checks is the project’s licensing status.
There is a major difference between:

• Building licence already granted
• Licence applied for but not yet approved
• Urban planning approval only

Buying before the building licence is granted significantly increases risk, including delays, financing issues and uncertainty around delivery dates.
Always verify the licence status before signing any binding agreement.

6) Final checks before signing the title deed

Once construction is completed, a final verification should be carried out before signing the title deed.
Confirm that all agreed specifications have been delivered, the habitation licence has been issued and all legal requirements are fulfilled.

Only after these checks can the purchase be completed safely.

7) Off-plan vs near-completion projects (2026 reality)

In today’s market, many buyers are opting for near-completion or key-ready developments rather than early-stage off-plan projects.
While discounts may be smaller, risks are significantly reduced and mortgage approval is generally easier.

The right choice depends on your objectives: lifestyle purchase, investment horizon and risk tolerance.