Spanish Property Law Updates

Negotiating the Purchase Price When you are buying a property in Spain you must bear in mind that you will be asked for two deposits: An initial deposit of between 1,000 and 3,000 euros as a “…[read more]

One of the major attractions of rural life in France is its rich culture and heritage, as well as its farming tradition. The countryside has always been a magnet for people living in Paris and other u…[read more]

Having assisted clients for more than 15 years in Lanzarote, there are a few things you should know because purchasing a property here. Please find below some advice that will help you to avoid any pr…[read more]

If you have a property in Turkey that you wish to sell, there a number of important considerations to take into account. For example, at which stages do you have to be present? Or, can you sell your p…[read more]

For adverse possession to be successful under French Law, there must be unequivocal possession. The below legal matters were considered by the Court of Cassation (High Court) in a recent decision (Cas…[read more]

Portugal has an unusually high number of homeowners, standing at about 75% of the population. This is about 10% higher than the US and the UK. A large number of foreigners already live in Portugal.  …[read more]

For the purposes of Turkish law – and similar to other jurisdictions – there are two main categories of land: Agricultural land Zoned land What are the required documents to purchase la…[read more]

If you are interested in buying a property in Portugal, you should be aware of a few potential issues, which we detail below. First, you must find out if the owners of the property are the real own…[read more]

Before acquiring property in Greece, it is crucial to check the permitted uses; that is to say, the limited purposes for which the property may legally be used. Permitted Usage It is not uncommon fo…[read more]

Unlike the buyer, the seller is burdened with collecting the majority of the documents and certificates required for the transfer. The process for selling Property in Greece is exactly the same for a…[read more]

Foreign individuals or companies who own real estate in Turkey may rent, sell or establish charges on the relevant property. It is possible to make a transaction regarding the sale with two basic con…[read more]

Take into account Property Tax in Portugal if you are thinking about buying a House or a Land there, it is important to understand the costs involved – including government taxes. The first step b…[read more]

Greece is a country where traditionally the majority of its people own their homes. The Constitution, the Civil Code and other special laws come to protect property rights, which makes Greece a rather…[read more]

The hotel sector is particularly important for the Greek economy, being an economy which relies heavily on tourism revenues. The legal process for buying a hotel in Greece was once rather complex and…[read more]

First off, buying Property in Portugal after Brexit is absolutely possible. Despite we are deep in Brexit; more than 3 years after the referendum that decided Brexit, the United Kingdom left the Europ…[read more]

In this and subsequent articles we will be detailing various aspects of the Community of Property Owners – as regulated by the Horizontal Property Law – a fundamental institution in Spain that exists …[read more]

The Ukrainian real estate market is developing fast and is generating growing interest from international investors. The key factors which make the market so attractive are: – Low real estate carr…[read more]

Greece is an attractive choice for foreigners who are interested in buying land abroad. However in Greece there are some restrictions for foreigners who intend to buy property – such as in areas cla…[read more]

The decisions you make during the property selling process can save you money and avoid delays and there are a number of important questions in this regard that you need to ask yourself before proceed…[read more]

The process of purchasing a property in France can be either fast or slow. Pre-contracts (option agreements) can be concluded at a very early stage. It is therefore advisable to be cautious before sig…[read more]

You have spent your holidays there, you love the weather, people are nice and the food is great… so you decide you would like to have a holiday home in Croatia, either for yourself or as an investme…[read more]

Several regions in Greece are still in the process of completing their transition from ‘old system title’ to the modern Land Registry System. What does this mean for purchasers of real estate? In…[read more]

Turkey, due to its natural beauty and warm Mediterranean climate has become a preferred location for the purchase of real estate by foreign investors. In accordance with the Land Registry Law, foreign…[read more]

It is easy to get carried-away with enthusiasm when embarking on a mission to acquire a property in Cyprus. The balmy Mediterranean climate, open-air dining, historic old towns and holiday atmosphere …[read more]

If you are moving to Italy, whether for work or studying reasons, the first issue you have to face is finding an accommodation. Renting an apartment in Italy is perhaps different to other countries li…[read more]

Whether you are an investor looking for a good deal or a non-resident individual looking to buy a house in Portugal, there are many good reasons to do so, however, there are also many pitfalls that yo…[read more]

As the real estate market develops in Turkey, the Condominium Law is becoming the center of attention. For those who would like to purchase real estate in Turkey, one of the frequent questions we rece…[read more]

Paris is a city where there is a huge demand for real estate and where there are many choices and competition. Before buying a property in Paris, as elsewhere, many questions need to be asked: what t…[read more]

Aggregate costs can ruin a good plan; Buying property in Portugal costs need to be well covered from the purchaser side; read from the experts about these costs behind the corner. Before putting in…[read more]

It is quite normal to be both excited and worried about the possibility of buying a house in Greece, as acquiring a piece of sunny Mediterranean land is a wonderful project, but in an unknown jurisdic…[read more]

Anyone who owns a property (apartment, house, villa or land) in Turkey is liable to taxation according to the Turkish Tax law. Property tax is calculated yearly and it can be paid in two equal ins…[read more]

Buying Property in Luxembourg benefits from a favorable tax regime regarding real estate, as well as a very healthy property market with steadily increasing property prices and accordingly has attra…[read more]

Many buyers and sellers are unaware of their obligations with regard to the costs of the process of buying and selling property in Portugal. This can lead to stress and tension between the parties and…[read more]

The conveyancing process in Portugal can be quite straightforward – as long as you receive appropriate independent professional guidance. If you have searched online for the ideal property then you…[read more]

  Galicia is well-known in Spain for its gastronomy, astonishing landscapes, beautiful beaches and its valued architecture. Because of these features, lots of clients contact us showing…[read more]

Selling a property in France may seem a simple operation at first glance, since it is carried out in accordance with a very strict formality under the responsibility of a notary with the possible assi…[read more]

If you considering buying residential property in Israel, whether as an investment, as a vacation apartment or as permanent residence, there are a number of peculiarities – specific to Israeli law – t…[read more]

I would like to share with you some brief tips and advice in case you plan to buy a property in Hungary. There are some legal and non-legal risks as well, which can of course be mitigated by an exp…[read more]

  Purchasing a property has many compelling reasons considering the massive portfolio in the real estate market which offers a wide range of choice to foreign buyers from the basic and bud…[read more]

The Conveyancing Process in England & Wales Initial Agreement Exchange of Contracts Completion Key Advice for Non-resident Investors Summary UK property Tax Rates Seven tips …[read more]

In general, buying a farm in Spain is a process more complex than purchasing a rural property here since, in addition to the usual due diligence required to buy a rural property, other legal matters h…[read more]

According to the WEF (World Economic Forum), Spain has continued to be the most competitive country in the tourism sector, with it’s wonderful coasts, excellent gastronomy, culture and sun. It is t…[read more]

Buying a house in Spain is as popular today as ever among British people. Statistically, Brits make up for 14% of all foreign property investors in the country. It seems that not even the Brexit refer…[read more]

Recently we have advised a non-resident client based in Belgium regarding a buy-to-let operation he was wished to develop in Spain. His investment plans were to purchase an apartment in a town of Can…[read more]

TABLE OF CONTENTS About this Guide Information you’ll need when buying a second-hand property in Cyprus What if it is a new property rather than second-hand? Vendors’ legal and finan…[read more]

TABLE OF CONTENTS About this Guide Information you’ll need when buying a second-hand property in Turkey What if it is a new property rather than second-hand? Vendors’ legal and finan…[read more]

Upon purchasing a property in Spain, you will, unfortunately, become subject to a number of taxes. Tax resident in Spain Individuals are deemed to reside regularly in Spain when they remain in the c…[read more]

TABLE OF CONTENTS About this Guide Information you’ll need when buying a second-hand property in Italy What if it is a new property rather than second-hand? Vendors’ legal and financ…[read more]

TABLE OF CONTENTS About this Guide Information you’ll need when buying a second-hand property in Portugal What if it is a new property rather than second-hand? Vendors’ legal and fin…[read more]

TABLE OF CONTENTS About this Guide Information you’ll need when buying a second-hand property in France What if it is a new property rather than second-hand? Vendors’ legal and finan…[read more]

Thinking about buying property in Spain? These are the 8 steps to follow: buying a property in Spain for dummies will help you for starters. Expert English-speaking lawyers with ample experien…[read more]

Once someone is selling house in Spain, this decision will probably come from the urge to go back to one’s home country for whatever important reason. Or perhaps it is a market triggered decision due …[read more]

We recently assisted a client who was buying property in Spain – specifically he wanted to buy land in Spain – but was concerned about the impact of Spanish law as the land was situation in the green-…[read more]

Once you have decided to make an offer on a Spanish property that you are interested in, it is usual to have some doubts about the amount that you should initially offer to the seller. How much to off…[read more]

Typical reasons given for buying a property in Spain include the fact that the average price of the properties are lower than most of northern Europe, the good weather and the lifestyle. However, befo…[read more]

When someone buys to let, not only in Spain, but anywhere in the world, they must take into account several factors: Profitability Firstly, the profitability that can be expected in Spain for rentin…[read more]

  When you are buying a property in Spain you must bear in mind that you will be asked for two deposits: An initial deposit of between 1,000 and 3,000 euros as a “reservation fee”. …[read more]

Buying land in Spain could be the key to having a golden retirement, with a nice house, the possibility to generate some useful additional income from tourist rentals…unfortunately problems may aris…[read more]

Feel free to browse and/or download this presentation about Property Taxes in Galicia, from our Tax expert- English speaking lawyers in Galicia, Spain. You might be interested as well in this r…[read more]

TABLE OF CONTENTS This Legal Guide to Buying property in Spain splits into 14 sections / © 2020 Advocate Abroad About this Guide for buying property in Spain Information you will need for …[read more]

If you are buying a property in Spain, for a more complete guide, please see: Buying Property in Spain: the Ultimate Guide Due Diligence Principally an independent solicitor in Spain will ensure…[read more]

While there are many similarities in the property acquisition processes of most countries, it is the small, apparently innocuous differences that can trip-up the unsuspecting investor and cause ca…[read more]

Feel free to browse and/or download this presentation about Property Taxes in Aragón, from our Tax expert- English speaking lawyers in Aragón, Spain. You might be interested as well in this r…[read more]

Introduction – ITP & AJD Tax Rates by Region The Spanish central government devolved legislating powers for the setting of property tax rates to the seventeen autonomous regions of Spain (Real De…[read more]

Introduction As per Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302 which entered into force on 18th May 2012, persons with foreign nationality buying property in Turkey (of any…[read more]

Each property owner, by virtue of being an owner, and from the moment that, upon acquiring a home or commercial property in the relevant building or urbanisation the owner becomes part of the horizont…[read more]

Introduction It is not uncommon for property purchasers in Spain to come across the situation where the property that they are interested in purchasing does not appear to be registered in the Land Re…[read more]

Minimum Fiscal Value Since way back in the economic crisis of 2007, Spain’s banks have been forced to take back a huge number of properties on to their books. Of course the banks typically have no …[read more]

Banks’ Legal Obligations Those who bought an ‘off-plan’ Spanish property but never in fact received the completed property may have a legal remedy to obtain the return of any deposit paid as a de…[read more]

General Considerations when Moving to Spain Perhaps a result of the proximity of Brexit, the numbers choosing a relocation to Spain seem to be climbing. Another factor could be the tendency for more …[read more]

Don’t waste profits! Whether you are selling a property in Spain yourself or leave it in the hands of an estate agent, for those selling property in Spain tax implications must be considered to avoid…[read more]

A common enquiry received from our English-speaking clients who have decided to end their joint ownership of property in Spain is: what legal options do we have to terminate the co-ownership and what …[read more]

If you are in the process of a buying property in Spain, please note that purchasing property in Spain can entail significant costs – not least government taxes – not only in the purchase but also in …[read more]

All may not be what it first appears: read about the pitfalls to avoid when buying property in Spain. These pitfalls may hide some critical problems that will change your plans completely. Keep readi…[read more]

Over the past month we have had various clients ask for advice on ending their contract with their landlord. We have therefore put together the following guidelines to prevent any issues that may occu…[read more]

Legislation In February 2016  legislation was approved by the Andalucian Government making mandatory the issuing of tourist rental licenses in this part of Spain. The objective was supposedly to re…[read more]

If you are thinking of renting-out a property in Spain , then normally this type of activity would be considered to be exempt from VAT. However, that will not be the case if your tenant decides t…[read more]

Foreign investors are increasingly interested in buying a rural property in Spain, with land upon which the new owners will be able to not only farm, but also enjoy the peace and tranquillity that…[read more]

Recent rulings by European and Spanish courts mean that, if you’ve taken out a Spanish mortgage, you could be entitled to reclaim considerable amounts of money as a result of the abusive floor clau…[read more]

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Any landlord who lets out a residential or commercial property must deal with minor issues, however, at times they must face more serious problems. Within the latter category lies the situation wher…[read more]

If you are planning to buy a property in Spain, we recommend that you take the following steps in order to ensure that your purchase is safe and secure, conferring good title that you may sell aga…[read more]

Inheritance Taxes There certainly are advantages to buying a Property in Spain through a Limited Company. You can either create a Spanish Limited Company and own the property indirectly by owning sha…[read more]

Firstly it is necessary to consult a lawyer who can review the lease and determine the exact situation and the legal options available. In Spain the legislation that regulates leases is the Law of Urb…[read more]

Not to be considered a sideshow, this kind of notification sits on top of the eviction process in Spain. Spanish eviction notice requirements must be perfectly met in order to arrange an unordered  …[read more]

A client contacted us recently for assistance with obtaining an NIE number. They had bought a property in Fuerteventura back in 2002 when it was not an obligation to possess an NIE when carrying-out t…[read more]

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…[read more]

What is Eviction? Evictions in Spain are the judicial processes by which a landlord may have a tenant removed from their property for breach of the rental contract, usually failure to pay the agree…[read more]

1. The Property Valuation The amount charged by the notary is controlled by law and varies according to the price of the property. The minimum amount chargeable for the carrying out of a valuation…[read more]

Introduction Known in Spanish as the Ley de Arrendamiento Urbano (LAU 29/1994)* this law forms the basis of the rules that regulate landlord and tenants rights in Spain. In Spain the leasing of a …[read more]

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, especiall…[read more]

Spanish property tax entails the payment of a rather significant amount – much much than you may have expected or experienced previously, when buying property in another country. Below you will find d…[read more]

Practical issues When Selling Property If you are planning on selling your property in Spain during 2019, this guide will cover the main points that you need to consider – from estate agents to Pro…[read more]

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 o…[read more]

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…[read more]

Spanish Property Buyer’s Deposit Refunded 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 …[read more]

No Express Prohibition 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 cha…[read more]

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 t…[read more]

One important aspect of the new law on Renting Out Property in Spain:  Law 4/2013 (Measures to Increase Flexibility and Develop the Rental Market) introduced earlier this year, and commented upon in …[read more]

Civil Code While much time has been spent here and in other publications discussing the legal aspects of renting a property in Spain, we often overlook an ever-more common situation whereby a propert…[read more]

The High Court in Álava province (Basque Country) has declared a so-called ‘clausula suelo’ – or mortgage floor clause – null and void and ordered the bank in question, Liderbank (formerly Caja Extre…[read more]

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 i…[read more]

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 …[read more]

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…[read more]

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 th…[read more]

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 ‘no…[read more]

Many people choose to rent in Spain when they arrive rather than buying as they want to get an idea of the area before making a long term commitment. So it is a good idea to understand how the rental …[read more]

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 sa…[read more]

Spanish Regional Tax System The recent changes made by the Spanish government to the property sales tax make it a good time to review the taxes in Spain that relate to property transfers. While quite…[read more]

In a decision that may have important implications for those who have been buying property in Spain, a contract for the purchase of an apartment in Malaga has been declared void by the Supreme Court a…[read more]

As part of an initiative to improve transparency and security for those interested in investing in Spanish real estate, the Spanish land registry, with over a thousand offices , will provide the infor…[read more]

  For a not inconsiderable number of people the Spanish dream has turned into a nightmare as a result of the property implosion. Setting aside those semi-professional property investors who borr…[read more]

Dación en Pago Following the financial crisis in 2007 and against a backdrop of mounting property foreclosures in Spain the courts saw  an increase in disputes where the owners of property were see…[read more]

For the second time the Spanish courts have ruled that so-called ‘cláusulas suelo’ or clauses used in variable rate mortgages that set a minimum below which mortgage rates may not fall are unfair…[read more]