Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Do I need a lawyer to buy off-plan in Alcaidesa?
Yes — and before you pay any deposit. An independent lawyer checks the developer’s licence, your bank guarantee under Ley 20/2015, the delivery date and your cancellation rights. A contract review takes only a few days and is far cheaper than a problem found after completion.
Buying in Alcaidesa is exciting — a new build with sea views, a golf course at the door, and the lifestyle you have been planning for years. But between the reservation and the keys there is a legal process that can go wrong in ways you will not see coming, unless someone is looking out for you specifically.
That is what we do. Costaluz Lawyers, based in Algeciras — about 20 minutes from Alcaidesa — acting buyer-side only for international purchasers since 2006.
What actually protects you when you buy off-plan
Your deposit is not automatically safe
Under Spanish law (Ley 20/2015 Disposición Adicional Primera, the successor to the former Ley 57/1968), every euro you pay towards an off-plan home must be held under a bank guarantee or insurance policy that names you. Not every developer does this correctly. If the developer delays, changes the project or fails — and it happens — recovering your money means a legal claim. Costaluz has acted in more than 620 deposit-recovery cases since 2012. See our bank-guarantee claim guide and the Sotogrande & Alcaidesa off-plan page.
The contract decides everything — read it before you sign
The reservation and private purchase contracts bind you from signature. They should define an absolute delivery date, the payment schedule, penalties for delay, and your right to cancel and be repaid. We review every clause before you sign, while you still have leverage — not after.
And the things every owner in Spain needs
A Spanish will (so your home does not pass through a foreign succession), and clarity on non-resident tax. We handle both. See tax for expat owners.
Who reviews your purchase
María Luisa de Castro, registered with the Colegio de Abogados de Cádiz (nº 2745), advising international buyers since 2006 in fluent English and Spanish. She — not a junior associate — is the lawyer on your file. Flat fees, buyer-side only.
Buying off-plan in Alcaidesa in 2026
New developments around Alcaidesa and the San Roque Club — such as Serenity Alcaidesa, Altara, The Lights and the later phases of La Alcaidesa — keep drawing international buyers. Whichever you buy in, the protection is the same: your deposit must be covered by a bank guarantee (aval bancario) under Ley 20/2015 DA1ª from the day you pay it. We check the guarantee exists, names you, and covers the full amount — before you sign.
Planning to rent it out?
If you buy in Alcaidesa to let short-term, note the 2026 Supreme Court ruling (STS 620/2026) striking down the State’s national single rental registry — autonomous-community rules and the digital single-window still apply. We can tell you exactly what registration and tax obligations remain for a San Roque/Alcaidesa let before you commit.
Related: legal services for Sotogrande owners · our free webinar on 23 July.
Related Costaluz pages
Book a contract review call. Send us the development and your reservation, and in 30 minutes you will know whether your deposit is protected, what the contract commits you to, and what to do before you sign.
Prefer to write first? Use the form — María reads every message and replies within one business day. Send a message →
Need to speak now? +34 919 499 342 — answered in English and Spanish, 24 hours a day. Office: +34 919 499 342.
Frequently asked questions — legal services in La Alcaidesa
I have already paid a reservation — is it too late?
No. We can review the contract and the guarantee now, confirm your deposit is protected, and flag anything that needs correcting before the next payment.
How long does a contract review take?
Usually three to five days. We tell you on the first call exactly what we need and when you will have our advice.
Do I need to be in Spain for this?
No. We work by email, video and our 24/7 EN/ES line, and meet you in Alcaidesa when you are here.
Can you help with the community of owners later?
Yes — fee disputes, defective common areas and challengeable resolutions, common in newly-formed developments.
Last updated: June 2026. Reviewed by María Luisa de Castro, ICA Cádiz nº 2745. This page is general information, not definitive legal advice.
Property near the Gibraltar frontier? The EU–UK Treaty on Gibraltar takes effect on 15 July 2026. See our plain-English guide to what it does and doesn’t change for owners and residents: The 2026 Gibraltar Treaty & your Spanish property.
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