Right of purchase from the neigbourhg of the land of the neigoburgt after the sold of it for properties on rural land in the Balearic Islands. (Balearic Islands’ Supreme Court Ruling // Agricultural Law 3/2019 of January, 31st) The Balearic Agriculture Law 3/2019 from 31 January provides for a right of repurchase that is likely [...]
Dangers of aligning information about a property in the Cadastral and Land Registers In a recent case, my client learned from a friend that his small garden shed was for sale on a real estate agency’s page on the internet. His neighbour had made the graphic coordination of the plot in the cadastral register and [...]
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 [...]
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 [...]
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 [...]
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 [...]
(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 [...]
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 [...]
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 [...]
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 [...]
