What documentation are needed to sell a house or an apartment?

Nowadays the sale of a property is covered with a great documentary and technical complexity. Indeed, when dealing with operations of high economic and vital relevance, there are many constraints that should be considered. Therefore, if you plan to sell a property you should have prepared the following documentation.   PROPERTY REGISTER EXTRACT Firstly, it [...]

By |September 20th, 2018|Property law, Tax law|0 Comments

Purchase and sale of real estates in the Balearic Islands

Spouse’s express approval necessary when selling the family residence.   The Balearic Civil Code Depending on the region, Spain has different civil rights systems (Navarra, Basque, Galicia, Catalonia and the Balearic Islands). This means that the Balearic Islands have their own civil law regulating the relations between the citizens living here.   What is the [...]

By |September 13th, 2017|Civil, Front, Property law|0 Comments

Buying a property in Spain. Legal and tax problems

1.- CONTRACT A LAWYER SPECIALIZED IN REAL ESTATE LAW It’s obvious, nevertheless it's the most important advice you can be given before starting the complex process of buying a house abroad.   2.- LAND REGISTRY Before you complete your property purchase you should make sure that you have seen the Land Registry Certificate, available from [...]

By |September 6th, 2017|Civil, Featured, Property law, Tax law|0 Comments

Tourist rentals – what does the preliminary draft law say?

Primary and brief practical approach to the civil law aspects (Preliminary draft law amending the 8/2012 Law, of July 19, relating to tourism in the Balearic Islands, concerning the marketing of tourist accommodation)   0.- IS IT APPLICABLE NOW? No. It is only a preliminary draft that must be approved by the Governing Council and [...]

By |December 16th, 2016|Civil law, Commercial law, Property law|0 Comments

WARNING: BRITISH EXPATS (IN SPAIN) MUST MAKE A NEW WILL TO AVOID SPANISH INHERITANCE LAWS

(DESPITE THE UK OPTED-OUT OF THE NEW EUROPEAN INHERITANCE REGULATION) It’s absolutely advisable for UK nationals residing in Spain to determine by a last will that the Nationality Law has to be applied in their inheritances in order to avoid that those will be ruled by Spanish regulation.   1.- THE NEW AND REVOLUTIONARY EUROPEAN [...]

By |December 14th, 2015|Civil law, Featured, Property law, Tax law|0 Comments

ARE THE REAL ESTATE AGENCIES OBLIGED TO ADVERTISE THE ENERGY PERFORMANCE CERTIFICATE?

Can a real estate agency offer or advertise a property for sale or rent (for longer than 4 months) without having the energy performance certificate? Article 12.2. makes it clear that the energy label “will be included in all offers, promotions and advertising, aimed at selling or renting a building or a unit of buildings". Therefore, the display [...]

By |February 24th, 2015|Featured, Property law|0 Comments

WE NOW KNOW HOW THE GOVERNMENT PLANS TO AVOID DISCRIMINATION ON NON-RESIDENT INHERITANCE TAX, IN COMPLIANCE WITH ECJ JUDGMENT DATED 03/09/2014

The judgment of the Tribunal of Justice of the European Union on the 3rd September declared that the Spanish regulation on Inheritance and Gift Tax is contrary to community Law, since it allows that on inheritance and gifts with non-residents, the tax payable be very much higher than that paid by residents, which is in [...]

By |October 9th, 2014|Featured, Property law, Tax law|0 Comments

MAIN NEWS OF THE REFORM OF URBAN RENTALS

DURATION OF THE RENTALS The minimum duration of the rentals changes from 5 to 3 years, although an inferior term is agreed. Once the 3 years have elapsed, the unspoken extension will be of 1 year and not 3 as up to date. TERMINATION OF THE RENTAL CONTRACT DUE TO A NEED OF THE OWNER [...]

By |July 2nd, 2013|Civil law, Featured, Property law|0 Comments

Judgment from the Supreme Court against mortgage loans with minimum interest rates

    A new judgment from the Supreme Court on May the 9th opens the door for proceedings against those banks which have granted mortgage loans with minimum interest rates (so called “clausula suelo”) imposed. Nevertheless before starting the corresponding court case, expensive in time and costs, we consider that it would be advisable to [...]

URGENT: Obligation for real estate agencies regarding energy efficiency labels

On June the 1st the law RD 235/2013 from the 5th of April becomes effective which approves the basic procedure regarding the certification of the energy efficiency of buildings. This law forces to deliver a certificate of energy efficiency in all purchases or rentals. What are the real estate agency’s obligations regarding this certificate? Article [...]

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