Why Spain’s Costa del Sol is Hiring More Lawyers — and What Buyers Should Do

EJASO’s Málaga move: what it means for the real estate Spain market

EJASO's expansion in Málaga matters to anyone watching the real estate Spain market: the national firm has appointed Agustín Cruz as Managing Partner and head of its Real Estate and Construction Department, a hire that sharpens legal capacity on the Costa del Sol at a moment of heavy investor interest. The appointment on 20 February 2026 arrives as Málaga sees larger-scale transactions, more international capital and rising technical and regulatory complexity — trends that change how property is bought, developed and defended.

In our analysis, this is a sensible, defensive business development that reflects a wider market shift: legal advice is moving from paperwork to strategic risk management. For investors, developers and private buyers the headline is clear — legal preparation is now a core part of any real estate investment strategy in Spain.

Why a law firm move in Málaga is news for buyers and investors

EJASO is not a local boutique. The firm is described in its announcement as one of Spain’s leading legal practices with more than 300 professionals. Bringing in a specialist with more than 25 years of practice and over 2,000 matters handled is a signal that the firm expects demand for high-technical legal work to grow on the Costa del Sol.

What changes for the market:

• Larger and more complex transactions require integrated advice across real estate, corporate, tax and regulatory law.
• Foreign buyers and institutional investors need counsel capable of cross-border work and language flexibility; Agustín Cruz practices in English and French and has European institutional roles.
• The shift from small owner-occupied sales to bigger development and investment deals raises exposure to urban planning, permitting and construction risk.

This is not just legal marketing. The region now combines tourism, tech sector growth and global capital flows in ways that increase the chances of disputes over titles, compliance and building defects. Our view is that investors who skip comprehensive legal checks will pay more later in delays, hidden liabilities or litigation costs.

Agustín Cruz: a profile built for today’s market

Agustín Cruz brings a mixed practice that combines preventive advisory work with a strong litigation record. The original announcement highlights his involvement in matters such as construction defect liability, breaches of contract during execution phases and litigation linked to industrial and real estate sectors in Málaga, the Costa del Sol and Barcelona.

Key credentials from the source:

• Over 25 years of professional practice
• More than 2,000 matters handled across his career
• Honorary President of the European Lawyers' Union (UAE) and chair of its Real Estate Commission
• Leader of Málaga Hub Real Estate, the local forum connecting major sector operators
• Organiser and moderator of the biennial International Real Estate and Construction Law Forum in Málaga

Those institutional roles matter. They give Cruz networks that reach developers, funds and regulatory bodies across Europe. For clients that means access to counsel who knows how disputes are argued, how regulatory changes are likely to be interpreted and who can coordinate multi-jurisdictional issues.

The legal services buyers and developers will actually need

EJASO’s statement lists the types of support they provide and why they matter. We translate that into specific actions that buyers and developers should prioritise.

Services EJASO highlights, and why they matter:

• Comprehensive due diligence (urban planning, title verification, regulatory compliance, construction risk): prevents surprises in closing and identifies encumbrances or unlawful developments.
• Contract drafting and negotiation: allocates risk in sale agreements, development contracts and construction contracts to reduce future disputes.
• Litigation and dispute defence: when problems arise, experienced litigators limit economic exposure and preserve project timelines.
• Multidisciplinary coordination with tax, corporate, labour and tech teams: essential for institutional investors and large developments.

Practical checklist for buyers and investors on the Costa del Sol:

• Commission a full title search and encumbrance report, including easements and lien searches.
• Verify zoning and permits with local town halls; confirm no pending urban planning sanctions.
• Order technical surveys for structural defects and compliance with building codes.
• Require construction completion guarantees and clear retention mechanisms in developer contracts.
• Review tourist rental regulations and local municipal rules that affect income streams.

Neglecting any of these areas increases transaction risk. We recommend building legal checks into the transaction timeline rather than treating them as last-minute hurdles.

Regulatory pressure points: where legal expertise will be in demand

The announcement identifies several regulatory areas that are changing in Spain and affecting Málaga in particular. Each creates a layer of legal complexity for transactions and projects.

Primary regulatory pressure points:

• Housing and tenancy law reforms that alter landlord-tenant relationships and rental yields
• Local regulation of tourist short-term rentals which impacts investment models
• Technical building requirements and sustainability rules that affect permitting and retrofit costs
• Compliance and corporate governance rules for institutional investors

For developers and funds, the combination of stricter building codes and sustainability requirements means higher upfront costs and longer approval timelines. For private buyers and overseas investors, new tourist rental rules can change the projected yield of a purchase, sometimes substantially.

From our perspective, the fastest way these pressures become business risk is through poor contract allocation of compliance obligations and unrealistic assumptions about permit timing.

Litigation trends and preventive lawyering

EJASO’s statement emphasises Agustín Cruz’s litigation background and his application of that courtroom understanding to preventive legal work. This is more than a talking point: in markets with high construction volume, litigation over defects, contractual breaches and delays is common.

Common dispute drivers in Málaga:

• Construction defects and warranty claims
• Disputes over contractor performance and delays
• Conflicts arising from changes in municipal planning approvals
• Title disputes and contested land use

Preventive lawyering means designing contracts and project structures that reduce these exposures. That includes clear completion criteria, robust performance bonds, step-in rights, and detailed specifications on materials and tolerances.