We understand your dream and your fears
Deciding to buy a villa in Marbella, an apartment in Estepona, or relocating your main residence to southern Spain is an exciting life milestone. However, we are aware that making this transition more than 2,000 kilometres away generates legitimate uncertainty. Lack of knowledge of local Andalusian regulations and the opacity of certain administrative processes are usually the main stumbling blocks for Belgian investors.
One of the most dangerous cultural shocks lies in the notarial system. In Belgium, you are accustomed to the notary carrying out exhaustive and proactive research into the property's situation. In Spain, the system is different: the notary public records the act of purchase and sale, but has no legal obligation to thoroughly investigate hidden urban planning encumbrances, sanctioning proceedings, or technical debts relating to the property. That responsibility falls exclusively on your lawyer.
En FA Lawyers we've designed the Belgian Client Advisory to eliminate that security gap. We are not a remote administration service; we are an office with a bilateral physical presence. We understand that you prefer to discuss the details of your inheritance, your tax structure, or your pre-nuptial agreement over a coffee in Brussels, with the peace of mind that our technical team is simultaneously operating on the ground in Marbella.
This direct bridge Brussels-Marbella This allows you to delegate all the bureaucratic complexities to professionals who speak your language and are familiar with both legal systems. Our mission is for your only concern to be choosing the orientation of your new terrace, while we safeguard every euro of your investment against the contingencies of the Spanish system.
The 3 risks more expensive to invest or move to Spain from Belgium
Hidden development charges and the «Afo» situation»
It's common to find luxury properties on the Costa del Sol that lack a First Occupation Licence (LPO) or have open urban planning disciplinary proceedings. Buying an asset in this situation prevents you from obtaining holiday rental licences and, in the worst-case scenario, could expose you to partial or total demolition orders. We carry out a complete technical audit to ensure that what you buy is legal and insurable.
Fiscal residence trap and double taxation
Many Belgian citizens are unaware of the «183-day rule». If you spend more than half the year in Spain, the Tax Agency will consider you a tax resident, obliging you to pay tax on your worldwide income in Spanish territory. Without prior planning, you could face double-taxation conflicts between the Belgian SPF Finances and the Spanish Tax Agency, even affecting your pensions or dividends from companies in Belgium.
Earnest money contracts with unfair clauses
The ‘contrato de arras’, the Spanish equivalent of the ‘compromis de vente’, is extremely binding. Signing a generic document provided by an estate agent without prior legal review could result in the automatic loss of 10% of the property’s value if problems arise with financing or if structural defects are discovered. We draft contracts that protect your deposit under any circumstances.
The advantage of having us in Brussels and Marbella:
| Concept | Standard Estate Agency | FA Lawyers (Belgian Desk) |
|---|---|---|
| Main Objective | Fast sale (transaction fee). | Legal security (customer protection). |
| Legal Audit | Superficial or non-existent. | In-depth technical, urban planning, and fiscal due diligence. |
| Location | Only in Spain (Costa del Sol). | Physical offices in Brussels and Marbella. |
| Tax Advice | Delegated to external third parties. | In-house specialists in international taxation. |
Cases of Story
The secure villa in Estepona
Problem. An investor from Antwerp was about to transfer the deposit for a luxury villa. Our team detected that an extension to the property (the guest area) had been built without a permit and had a suspended demolition order.
Strategy We put the signing on hold, negotiated a price reduction of 25% and processed the regularisation through an AFO (Assimilated to Unplanned Development) application.
Result: The client purchased with a significant saving and with the assurance that their asset was legalised with the Regional Government of Andalusia.
Optimised tax transfer
Problem. The CEO of a Belgian tech company decided to retire in Marbella. His concern was to maintain his corporate structure in Brussels without the Spanish Treasury absorbing a large portion of his profits.
Strategy We implemented international tax planning by leveraging the Double Taxation Treaty between Spain and Belgium.
Result: We achieved a smooth tax residency transition, protecting your Belgian assets and optimising your personal taxation in Andalusia.
Cross-border succession
Problem. Following the death of a Belgian citizen with property in Marbella, his heirs faced a freezing of accounts in Spain and a potential mass tax settlement.
Strategy We applied the European Succession Regulation so that Belgian law would apply in substantive matters, whilst making use of the 99% inheritance tax reliefs currently in force in Andalusia.
Result: The heirs received their inheritance in record time and with a tax burden of almost zero euros.
