Spanish Property Law

Legal Guide to Conveyancing In Spain

04/03/2018

Move mouse over guide to reveal page navigation controls and to scroll down. [pdf-embedder url=”https://advocateabroad.com/wp-content/uploads/2017/05/buyingguideweb.pdf”] ————— Client Testimonials Recent Advocate Abroad lawyer reviews as added by clients directly to the Wufoo client survey platform: Why Choose Advocate Abroad? The independent lawyers and law firms who are members of the Advocate Abroad® network in Spain represent […]

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Spanish Property Law Updates

15/11/2016

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Legal Guide to Selling Property

16/10/2016

Click anywhere on the guide to reveal page navigation controls. [pdf-embedder url=”https://advocateabroad.com/wp-content/uploads/2017/05/sellersguideweb.pdf”] ————— Client Testimonials Recent Advocate Abroad lawyer reviews as added by clients directly to the Wufoo client survey platform: Why Choose Advocate Abroad? The independent lawyers and law firms who are members of the Advocate Abroad® network in Spain represent the perfect mix of […]

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Legal Guide to Buying Property In Spain

26/09/2016

Move mouse over guide to reveal page navigation controls and to scroll down. [pdf-embedder url=”https://advocateabroad.com/wp-content/uploads/2017/05/buyingguideweb.pdf”] ————— Client Testimonials Recent Advocate Abroad lawyer reviews as added by clients directly to the Wufoo client survey platform: Why Choose Advocate Abroad? The independent lawyers and law firms who are members of the Advocate Abroad® network in Spain represent […]

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Selling a Property in Spain: Taxes and Other Costs

29/11/2015 0 Comments
Selling a Property in Spain: Taxes and Other Costs

It is worth noting that nowadays this tax is somewhat questionable …for this reason… some Courts have expressed opposition to the interpretation of the law by the Town Halls, considering that in order for the Plus Valia tax to be payable, it is necessary for there to exist a real increase in the value of […]

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Property Conveyancing Lawyers in Spain

26/09/2014

  How can you tell if you are getting all of the help you need to safely make one of the most important purchases you are ever likely to make? Well, the purchase process in Spain is similar to other countries and, as elsewhere, the most important thing to ensure is that the seller has […]

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Costs of Buying Property in Spain

26/09/2014
Costs of Buying Property in Spain

  Introduction Whether you are buying or selling a property in Spain there are a number of costs associated with the process. A number of these you will expect if you have been through the process in another country, but some you will not. In this article the main charges will be covered and the […]

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Cost of Arranging a Mortgage in Spain

26/09/2014

There are a number of costs involved in arranging a mortgage in Spain and include commissions charged by the financial institution involved as well as taxes to the government. The commissions charged by the bank can be divided into two types: Finance Check and Opening Charge. Finance Check The amount charged for checking into the […]

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Taxes Payable on the Purchase of a Property

26/09/2014

The transfer of a property attracts a number of taxes, primarily depending on whether the property is new or second-hand.   IVA Equivalent to VAT in the UK and Ireland this tax is payable on the sale of new properties (as opposed to second-hand) and is set by the central government. In a move to […]

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Property Owners’ Rights & Obligations in Spain

26/09/2014

  Introduction When a villa is being purchased in Spain then the legal responsibilities of the owners may often end at the boundaries of their residence. However, it is more usually the case, especially in Spain, that the property is an apartment or a detached residence within an urbanization. The owners of property within residential […]

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Property Taxes Payable in Spain

26/09/2014

  What Property Taxes are there in Spain? In general the principal taxes or charges in Spain can be grouped as follows: IVA (VAT) ITP (Impuesto Transmision Patrimonial) IBI (Impuesto de Bienes Inmuebles) Capital Gains tax Plusvalía tax La Comunidad Other Charges   IVA (Impuesto de Valor Añadido – VAT) The purchase of a new […]

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State Level Property Tax Deductions

26/09/2014

  Client Testimonials Recent Advocate Abroad property lawyer reviews as added by clients directly to the Wufoo client survey platform:  

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Property Law in Spain

10/09/2014

Spanish Property Law InfoPoint  Advocate Abroad is unique in providing access to English-speaking lawyers across Spain with local expert knowledge. Please click on the map to locate an English-speaking lawyer where you plan to purchase your new home in Spain. The number one cause of financial catastrophe in Spain is, without doubt, failing to secure […]

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Constitutional inviolability of the home not infringed by demolition order

04/12/2013
Constitutional inviolability of the home not infringed by demolition order

The Constitutional Court has refused to support an application by a homeowner facing an order for demolition of the property issued by the Madrid Town Hall. This was in fact the second to be built on the same spot after a similar dwelling had been demolished on foot of a previous order from the Town […]

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Seller of property not appearing on registry caused ‘fundamental breach of contract’

28/11/2013
Seller of property not appearing on registry caused ‘fundamental breach of contract’

The Supreme Court has rejected an appeal by the seller of a property in Almeria ordered to pay damages for selling a property despite not being named on the property register. The property was sold originally in 1978 but it was many years later that the new owners of the property were served notice to […]

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Tenant’s failure to appear at oral hearing precluded later claim of verbal contract to create lease

21/11/2013
Tenant’s failure to appear at oral hearing precluded later claim of verbal contract to create lease

The High Court in Mallorca has ruled against a tenant’s claims to have a right to stay in the defendant landlord’s property for a period of five years as per the then pertaining legislation which gave tenants a right to continue living in a property for a period of five years. The Court heard that […]

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Developer fails to overturn court order to repay home buyers purchase money as no license of first occupation

20/11/2013
Developer fails to overturn court order to repay home buyers purchase money as no license of first occupation

The Supreme Court in Madrid has refused an appeal by the developer of  La Reserva de Marbella, and confirmed the decision of the Regional High Court in Malaga that the company must return to the purchasers the money that they had handed over in 2003 for the purchase of a property to be built on […]

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Parents of disabled child win legal battle to install lift in their community swimming-pool

19/11/2013
Parents of disabled child win legal battle to install lift in their  community  swimming-pool

 The parents of a disabled child have won their appeal from the decision of the High Court in Valencia to install a lift that would permit their child to use the community swimming pool. Their proposal to install the device at their own expense had been turned down by the community of owners at the […]

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Changing use of property from commercial to residential

18/11/2013
Changing use of property from commercial to residential

In a recent decision the Supreme Court has confirmed that for owners of properties in urbanisations, in certain circumstances the law of horizontal property does permit the change of use from that of a commercial property or ‘local’ to a residential property. The case came before the Supreme Court in October, having been appealed from […]

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Madrid Region to reduce Sales Tax on Resale Home Purchases

30/10/2013
Madrid Region to reduce Sales Tax on Resale Home Purchases

The President of the regional government in Madrid, Ignacio González, has announced that from next year, sales tax on the purchase of a resale home in the Madrid area will be reduced from 7% to 6%. This will make Madrid the region with the lowest sales tax on resale properties in Spain. In addition, IAJD […]

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Contract to purchase off-plan property could not be rescinded as developer unaware works license had been revoked

08/10/2013
Contract to purchase off-plan property could not be rescinded as developer unaware works license had been revoked

A couple in the La Rioja region of northern Spain who attempted to have a contract for the purchase of an off-plan apartment declared null and void due to delays in completing the apartment have had their appeal to the Supreme Court turned down. The court heard that the couple had agreed to purchase the […]

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Regional Laws increase Regulation on Holiday Lettings

22/08/2013
Regional Laws increase Regulation on Holiday Lettings

One important aspect of Law 4/2013 (Measures to Increase Flexibility and Develop the Rental Market) introduced earlier this year and commented upon in this article,  has been the exclusion of its application on the holiday rental market. Introduced as an amendment by the Partido Popular, the objective of the amendment is to curtail the level […]

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Adding mortgage default to the cost of splitting-up in Spain

11/08/2013
Adding mortgage default to the cost of splitting-up in Spain

  An all too common problem faced by many separating couples in Spain today is: how to deal with a property should the relationship ends? It is a cruel twist of fate that the emotional turmoil that many suffer at this time is exacerbated by the fact that the resale value of the property is […]

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Bank ordered to pay back customer €17,000 due to illegal mortgage clause

29/07/2013
Bank ordered to pay back customer €17,000 due to illegal mortgage clause

The High Court in Álava province (Basque Country) has declared a so-called ‘clausulo suelo’ null and void and ordered the bank in question, Liderbank (formerly Caja Extremadura), to return €17,000 that it received from the customer as a result of the clause that was contained in the mortgage agreement. The subject of ‘clausulos suelo’ was […]

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Will you benefit from new mortgage debt repayment rules?

15/07/2013
Will you benefit from new mortgage debt repayment rules?

In May of 2013 the Spanish government introduced a new law affecting how mortgage debt is to be dealt with by the nation’s banks in an effort to assuage the effects of a growing number of households in negative equity and the seemingly ceaseless rise in home repossessions. In particular the new law introduces new […]

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Court orders return of property deposit as mortgage not obtained

03/07/2013
Court orders return of property deposit as mortgage not obtained

The Supreme Court has ruled that ‘an obscure’ clause in a pre-purchase contract for the purchase of property from a construction company was sufficient to render the entire contract invalid and force the return of the deposit monies previously handed over by the prospective purchasers. The Court was at pains to distinguish the clause that […]

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Tenancy Laws in Spain Overhauled to Boost Rental Market

25/06/2013
Tenancy Laws in Spain Overhauled to Boost Rental Market

As a result of the property bust, Spain has an estimated three-and-a-half million properties lying empty and the government has finally put actions into words by approving a new law aimed at promoting the rental market. At the moment only 17% of all properties in Spain are dedicated to tenants and the idea behind the […]

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Does Your Spanish Mortgage Agreement contain a Cláusula Suelo? If so, is it valid?

19/06/2013
Does Your Spanish Mortgage Agreement contain a Cláusula Suelo? If so, is it valid?

The Spanish Supreme Court has set-out rules that the banks must comply with in order that they may rely on the so-called ‘Cláusulas Suelo’ , which are clauses in the mortgage agreement which allow the banks to limit the extent to which their borrowers can benefit from the extremely low interest rate environment currently prevailing […]

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New Law Should Make Eviction Process Quicker

10/07/2012
New Law Should Make Eviction Process Quicker

Check out the most complete guide available in English on Spanish Property Law. The Spanish government has introduced a new law that will overhaul certain aspects of the so-called ‘Express Eviction’ laws introduced in 2009 to speed-up the existing eviction process that saw non-paying tenants able to delay having to leave the property for well […]

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Notaries to Ensure Similar Guarantees on Foreclosed Properties as Judges

28/02/2012
Notaries to Ensure Similar Guarantees on Foreclosed Properties as Judges

The National Council of Public Notaries in Spain has issued a circular to all practicing notaries to the effect that the new laws relating to foreclosures approved judicially should be extended to ‘extra-judicial’ foreclosures. The new rules have a number of effects, the most important perhaps being that the minimum value that may be attributed […]

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