New-build apartment prices on the Costa del Sol currently run about 23% above resale, and there are good reasons for that premium. Better energy performance, warranties on structure and services, modern amenity provision, and specifications that meet the standards Spain will enforce through the rest of this decade. What that premium does not automatically buy you is a clean deal. The reservation contract you sign on a Saturday afternoon in a show flat commits real money on terms that vary considerably between developers, and the small print matters.
This guide walks through the questions worth asking before you reserve. It is written from the seat we sit in every week — as brokers representing buyers through Costa del Sol new-build acquisitions, from Estepona through to Fuengirola.
Start With the Reservation Contract, Not the Apartment
The first thing to understand is that the reservation contract you sign is a binding legal document, not a placeholder. Once signed, it typically commits you to progress the purchase within 30 to 45 days by signing a private purchase contract (the contrato privado de compraventa) and paying the first staged deposit, usually 30% to 40% of the price minus what you already paid at reservation.
If you walk away after reservation without a documented legal cause, the reservation deposit is generally forfeit. If the developer defaults, the terms of return vary — some contracts return your money at nominal value, others with interest, some only after a defined delay. Read the return clause before signing, not after.
Ask specifically:
- What is the reservation amount and how quickly must the private contract follow?
- If I don’t complete the private contract in the window, what happens to my deposit?
- What are the grounds for a full refund if the developer delays delivery?
- Who holds the reservation funds — the developer, an escrow account, or the developer’s lawyer?
The Drawdown Schedule Is How You Actually Pay
New-build apartments are usually paid in stages against construction progress. A typical Costa del Sol schedule looks like this:
- Reservation: €6,000 – €7,000
- Private contract: bringing total paid to 30 to 40% of price
- Some developers will request interim stages: further 10 to 30% across the build period, milestone-based
- Completion: balance at notary handover
The rhythm of those interim payments affects your cash planning, especially for buyers financing the acquisition. Every one of these interim payments needs to be secured by an aval bancario (bank guarantee) or an insurance policy under Ley 20/2015, so that if the developer fails, you can recover the money. This is not optional. Confirm in writing which bank or insurer is providing the guarantee and ask to see the policy or aval documentation before you pay anything beyond the initial reservation.
Energy Certification: NZEB Is the Question, Not a Feature
Spain’s 2020 Technical Building Code and the subsequent EU Energy Performance of Buildings Directive have raised the specification floor across new residential construction. Andalucían Ley 5/2025 codifies higher energy efficiency expectations from January 2026 onwards. The practical effect: NZEB-compliant new-build (Nearly Zero-Energy Building standard) is now the specification that holds its value through the rest of the decade. Anything below it faces both a running-cost penalty and a resale discount.
Ask the developer for:
- The full energy certification (typically A or B rating for NZEB-compliant product)
- The specific insulation, glazing, and mechanical ventilation specifications
- The projected annual energy cost for a two-bedroom unit under typical use
The Domus Venari EcoVillas programme was built around this specification standard, and it is the reason the resale market for that product is thinner than the market for comparable pre-NZEB stock: owners hold them.
Rental Licensability: Confirm Before You Sign
If any part of your rationale for the purchase is short-let rental income (VFT — Vivienda con Fines Turísticos), do not assume the unit can be licensed. The rules have tightened across Andalucía through 2025 and 2026, and a growing number of communities have voted to prohibit short-let across all units in the block.
Confirm three things before reservation:
- The community’s estatutos do not/will not prohibit short-let. Ask to see the current statutes and the minutes of any AGM in the last two years where the topic was discussed.
- The Junta de Andalucía municipal registry is currently accepting new VFT applications for that specific address. Some municipalities have moratoriums in place.
- The unit meets the physical requirements for VFT licensing (dedicated ventilation, minimum room sizes, first-aid provision, etc.).
Location Really Does Change the Answer
The right questions above are the same everywhere on the coast. The answers vary considerably by area. A frontline unit in Marbella with protected sightlines carries different pricing and different resale liquidity from a new-build in the elevated zones of Benalmádena or the corporate-relocation-driven blocks of Fuengirola. Inland options in Mijas trade at meaningfully lower prices per square metre with correspondingly higher gross yields.
Our area guide walks through the current pricing bands, buyer profiles, and rental characteristics of each Costa del Sol micro-market.
When to Bring a Broker In
A developer’s sales agent works for the developer. Their job is to close the sale on the developer’s terms. That is not a criticism — it is the structure of the transaction, and any experienced broker understands it. What it means for you as a buyer is that having independent representation between you and the developer, especially on the reservation contract and the private purchase contract, is worth considerably more than it typically costs.
If you are actively looking on the Costa del Sol, get in touch before you sign anything. We represent buyers into new-build across the entire coast and know which developers deliver on schedule, which communities have licensability issues brewing, and which specifications are genuinely priced against the standard the market will value in 2030.
Read the reservation contract before you fall in love with the terrace view. And ask the questions above out loud, in front of the sales agent, before you sign.
Domus Venari — Costa del Sol brokerage. Buy · Sell · Eco-Villas · Area Guide