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Swimming Pool Construction in Spain: Crucial Steps and Legalization

Building a swimming pool in Spain is an exciting project that adds value and enjoyment to any property on the Costa del Sol. However, it is crucial to follow a proper process to avoid long-term legal problems. In this blog, Welex, a firm of lawyers and accountants in Marbella, will explore the steps necessary to obtain the required licenses and permits, as well as the importance of legalization in the case of unauthorized construction.

 

The first step is to hire a competent technician to assist you in applying for the required licenses for the construction of a swimming pool in Spain. He or she will have to apply to the competent Town Hall for a Building Permit, presenting a technical and execution project which must include the following:

 

– Descriptive report.

– Construction report.

– Compliance with the technical building code.

– Calculation of structure and installations.

– Geotechnical information on the land.

– Health and safety study.

– Quality control plan.

– Construction waste management.

– Geotechnical information on the land.

 

If, from the documentation received, the Town Hall verifies that the project complies with the local regulations in force, you will be granted a Major Works License for the construction of the swimming pool in Spain.

 

With the license granted, you can proceed with the construction of the swimming pool following the approved technical project. Once the work has been completed, it is crucial to sign the declaration of new construction before a notary in Spain. In addition, it is recommended to register the swimming pool in the land registry to validate the construction against third parties and ensure its legality in Spain.

 

If for some reason the pool was built without the required licenses in Spain, it is possible to legalize it. To do this, it is essential to have a competent technician draw up a technical legalization project, complying with current regulations. The process will include the payment of municipal fees and taxes.

 

Once approved by, for example, the Marbella Town Hall, the declaration of new construction must be signed before a notary and we recommend registering it in the Land Registry in order to make it valid in the eyes of third parties.

 

The Declaration of New Construction, as we have mentioned, whether the swimming pool has been built with a Building License in Spain, or whether it has been legalized afterwards, the Deed of New Construction must be signed in the presence of a notary in Spain. This declaration of construction by means of a public deed is subject to Stamp Duty (Actos Jurídicos Documentados).

 

At Welex law and accountancy firm in Marbella, Spain, we can assist you with the signing of the declaration of new construction, the registration of the swimming pool in the land registry, land registry and the filing of the above-mentioned taxes.

 

Trust our expert property lawyers on the Costa del Sol for a professional and smooth legal process for the construction of your swimming pool in Spain, or for other legal matters.

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The private document of Acceptance of Inheritance in Spain

Welex, law and accountant firm in Spain, will explain in detail information about the private document of acceptance of inheritance in Spain.

An inheritance in Spain can be accepted tacitly, through the performance of acts that imply an unequivocal will to become an heir.

It can also be accepted expressly, through the signing of a public document (Spanish Deed of Distribution and Acceptance of Inheritance) before a notary, or the signing of a private document.

The private document of Acceptance of Inheritance in Spain

Below, one of our professionals at Welex, leading law firm in Spain explains how to accept an inheritance by means of a private document, also known as a private request.

This is a document drafted by a manager, advisor or lawyer, whose content is similar to the deed that would be signed before a notary, without the need for a notary to intervene.

The private document of acceptance of Inheritance in Spain must contain at least:

  1. Details of the deceased and date of death
  2. Details of the will or declaration of heirs.
  3. Details of those interested in the inheritance, as well as their relationship with the deceased.
  4. An inventory must be drawn up of all the assets that the deceased had at the time of death, as well as a valuation of these.
  5. The distribution of the assets among the heirs must be made, following the instructions set out in the will.
  6. It must be signed by all the heirs, thus showing their agreement.

For this document to be valid, effective and legal in Spain, it must be accompanied by the following documents:

– Death certificate.

– Certificate of last will and testament.

– Will or, if applicable, Declaration of heirs.

– To accredit the family relationship, family record book.

– Bank certificates, to accredit the accounts and the amounts held at the time of death.

– To accredit the real estate, deeds of sale or simple notes of the same.

In short, documentation must be provided for all the assets included in the inventory in Spain.

However, if what is desired is the registration in the Land Registry of the assets in the name of the Heir in Spain, the only documents that the Registry accepts are public notarial deeds, so that, for this, the inheritance must be accepted before a notary, not being valid the private request, with only one exception, when it is a single heir.

In the latter case, when there is only one heir, the law allows the private document where the inheritance is accepted to have access to the Land Registry, and the ownership of the assets can be changed, without the need for a deed signed before a notary in Spain.

In order to do this, it will be necessary for a notary to legitimize the signature of the heir, thus attesting that the signature contained in the private document belongs to the heir.

 

If you have any queries about the private document of acceptance of inheritance in Spain, or about any accounting or tax issues, please do not hesitate to contact our offices, we will be happy to advise you.

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The Purchase Sale Title Deed of a property in Spain

If you have decided to buy a property in Spain and the time has come to sign your deed of purchase, Welex, a law and accountant firm in Marbella, is pleased to explain the details relating to your deed of purchase in Spain: The Purchase Sale Title Deed of a property in Spain.

 

Buying a property in Spain is an exciting event in anyone’s life. However, behind the excitement of finding the home of your dreams and taking the step towards ownership, lies a fundamental legal process: The Purchase Sale Title Deed. At Welex, Marbella’s leading law and accountant firm, we understand that this process can be both exciting and overwhelming.

 

The Purchase Sale Title Deed of a property in Spain is a document that will be executed by the selling party and the buying party before a Spanish notary public.

 

The notary is an independent public official and as the buyer, you can choose the notary before whom you wish to sign your deed in Spain. With reference to notary fees, these are set out in a Tariff of 17 November 1989, which are applied by all notaries, who will provide an invoice for their services and costs.

 

The deed of sale is a public document different from the private purchase contract, which is executed by the parties to conclude the purchase transaction, at which time the remaining purchase price is usually paid and possession of the property is handed over to the buyer in Spain.

 

The authorized copy of the deed will be presented to the Land Registry in Spain to register the property in the name of the owner after payment of the taxes applicable to the transaction. It is advisable to distinguish this authorized copy, signed by the Notary and with the corresponding stamps that guarantee its authenticity, from the simple copy, which is a copy that does not incorporate the signature of the Notary, but does incorporate the full content of the signed deed.

 

In this way the Notary will identify the parties by means of their valid identity documents or passports and will check the document by virtue of which the seller is the owner of the property he is selling in Spain.

 

In addition, information from the corresponding Land Registry in Spain will be incorporated into your deed of sale, in order to verify the ownership of the seller and possible encumbrances registered on the property in Spain.

 

The deed of sale in Spain will also include other documents, such as the cadastral reference of the property and verification of IBI debt, certificate issued by the Community of Owners to verify the payment of the Community fees and Energy Efficiency Certificate. It is the responsibility of the seller to deliver these last two documents, the certificate of the Community of Owners and the Energy Efficiency Certificate.

 

In relation to the payment of the purchase price in Spain, the means of payment of all the payments of the price made, including those made prior to the signing of the deed, by cheque or transfer, will be stated in the deed, and both the debit account and the credit account of said payments will be identified.

 

Finally, the notary will advise you of the obligations to pay the taxes that arise on the occasion of the sale in Spain, these being the payment of the Capital Gains Tax (Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana) which must be paid by the seller and the Transfer Tax (Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados) which must be paid by the buyer.

 

If you wish to know more about the signing of your deed of sale, please do not hesitate to contact our offices.  We will prepare your document, obtain a draft of the same for your review and we will assist you at the Notary’s office for the signing of the deed in Spain.

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Fraud detection when buying and selling a property in Spain

In this article, Welex, a renowned firm of lawyers and accountants located in La Costa del Sol, sheds light on the crucial topic of fraud detection during property transactions in Spain. Our aim is to provide valuable insights and guidance to individuals involved in buying and selling properties, ensuring they are equipped with the necessary knowledge to identify and prevent potential fraudulent activities. So, in this blog, we will talk about fraud detection when buying and selling a property in Spain.

 

How to detect and avoid possible fraud when buying and selling a property in Spain?

The purchase and sale of a property in Spain is an important transaction, which normally involves large taxes and disbursements, and that is why it is necessary to take many precautions when signing a purchase or a sale contract in order to avoid possible frauds in Spain.

Following this article, Welex lawyers, experts in the process of buying and selling properties in Spain, will give some advice in order to be able to detect and avoid these possible frauds when buying a property in Spain:

  1. It is relevant to verify correctly the identity of the sellers, make sure that they are real people and that they are properly identified with the ID or passport, verifying that, indeed, it is the same person. This is one of the most common frauds in Spain.
  2.  Check the registration status of the property. It is important to check that the property has no outstanding charges or debts in Spain, that there are no preventive annotations, etc. To do this, it is very important to always request a certification of the land registry, where you can study all these situations.
  3. Request and review all the documentation of the property, among which we can find, IBI, energy efficiency certificates, licenses of first occupation in Spain, etc.
  4. Hire a lawyer specialized in the purchase and sale of properties, who will carry out the aforementioned study of the documentation and advise the interested parties at all times.
  5. Check that there are no outstanding debts (IBI, water, electricity, etc.).
  6. Avoid making payments in advance. With the exception of the amount paid as a reservation or after the signing of the private contract, you cannot pay the rest of the price before the signing of the bank deed, and it must be paid simultaneously with the signing. To avoid this, the safest method is by bank check, for which payment is immediate, or in the absence of this, urgent national OMF transfers.
  7. It is also possible to make urgent international transfers, but these can take a day to arrive.
  8. In the case of the purchase of an off-plan property in Spain, where payments must be made on account, make sure that the developer provides a guarantee or bank guarantee for these amounts.
  9. Do not pay in cash, always use secure means such as transfers and bank check.
  10. Check the reference value, because if the price is lower than the price offered, the reference value will be taken into account when paying taxes and not the real price for which the property has been purchased in Spain.

 

Concluding our blog on the detection and prevention of potential frauds in the sale and purchase of property in Spain, it is crucial to remember the importance of being well informed and taking precautions before entering into any real estate transaction. By following these tips and having the support of specialised professionals, such as lawyers, you can significantly reduce the risk of falling into fraud.

 

Always remember to verify the identity of the parties involved, check the registration and documentary status of the property, avoid prepayments or cash payments, and be on the lookout for suspiciously attractive offers. In the event of detecting any irregularity or suspicion of fraud, it is essential to seek legal advice in Spain and take the necessary measures to protect your interests.

 

Buying and selling a home is an important decision and represents a significant investment. Therefore, dedicating time and effort to researching, informing yourself and relying on competent professionals will help you avoid problems and enjoy a safe and successful transaction.

 

We hope this blog has been helpful and has provided you with valuable information to protect yourself against potential home buying and selling frauds in Spain. If you have any further questions or need additional legal assistance, please do not hesitate to contact our law firm in Marbella, we will be happy to help you. Thank you for reading us!

 

Services of interest:

Purchase and sale of property in Spain

Income tax and wealth tax in Spain. Tax liabilities for non-tax residents

 

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Property conveyancing in Spain: Tips

The first step in property conveyancing in Spain is finding a Property.

It is imperative to get to know the area before you choose a property. You should visit a number of different locations in order to make an educated decision. Additional research into similar properties in various areas will give you different perspectives of what you can

anticipate in terms of price.

The secondary step in property conveyancing in Spain is choosing a expert property lawyer in Spain.

A lawyer in Spain can impart extremely useful advice from the initial beginning of the purchasing process. Your property expert lawyer in Spain will make enquiries to ensure that all the parties involved, including the seller or developer, are acting legitimately. A lawyer will take the necessary measures to safeguard that all the Spanish legal requirements are met. Additionally, a legal firm will ensure that the property is free of any encumbrances that could affect your use of the land.

 

You will also need to ensure that there are no outstanding debts for local taxes orservice charges attached to the property.

 

Read more………..

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Conveyancing fees in Spain: principal areas to consider

Conveyancing in Spain is considered as a transfer of the legal title of a property in Spain from one person to another.

A typical conveyancing transaction in Spain includes two vital indicators: the transfer of contracts and the completion, whereby the legal title passes.

The system of conveyancing in Spain is constructed to safeguard that of the buyer.

 

Conveyancing fees in Spain, outlines the total payment made to a professional property lawyer in Spain exchange for advice or services.

 

 Conveyancing fees in Spain are dependent on whether you employ a foreign or Spanish lawyer and on the sale price of the property. Supplementary examples of conveyancing fees in Spain are associated with the taxes and legal fees relating to the sale and purchase of the property.  The taxes and disbursements on selling a property in Spain be in the range of 10-13% of the sale price, in total.

 

Read more…………

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Conveyancing in Spain: 7 tips

Conveyancing in Spain

A typical conveyancing transaction includes two vital landmarks: the exchange of contracts and the completion, whereby the legal Title Deed passes.  In addition, the system of conveyancing is generally constructed to ensure that the buyer secures title to the land together with all the rights that govern the land and is advised of any limitations in advance of the purchase.  Moreover, the cost of conveyancing is dependent on whether you employ a foreign or Spanish lawyer.

Legal firms in Spain should further offer all relevant and additional legal information on real estate transactions and acquisitions of properties for residential or business use, payment of  taxes for the registration and transaction of the Land Registry and numerous other services related to real estate such as:

  1. Declaration of new building title deeds
  2. Rentals
  3. Establishment and cancellation of mortgages
  4. Securities
  5. Exchange

All conveyancing matters ascertain that clients are informed and advised on corresponding taxes and costs in the purchase or sale of a property.

 

Conveyancing matters should include:

Obtaining and aiding in all necessary documentation on the property.

Carrying out corresponding searches on the property at the Land Registry, in order to confirm ownership.

Ensuring that all properties are up to date in all its payments.

Liaising with corresponding experts to ensure that the property meets with all therequirements of the Local Zoning Regulations.

Studying and advising on company tax or capital gain tax arising on the sale of the property.

Compiling and issuing a comprehensive report on the property to inform the client on various issues related to the property.

Drawing up contractual agreements between the parties for the sale or acquisition of the property.

Drawing up the Purchase Sale Title Deed to be granted at the notary’s office as well as preparing the completion of the transaction.

 

Collection of the Purchase Sale Title Deed and presenting the deed at the tax office as well as the Land Registry.

Producing a comprehensive and final statement of the account funds received and payments made.

Sending the Purchase Sale Title Deed; duly registered with the corresponding originals of all the tax bills and our certificate on title, to the client.

 

Tips for the sale of your property

  1. A multilingual conveyance lawyer in Spain is recommended in order to obtain the certificate from the Land Registry in Spain, to verify that the property is duly registered in your name.
  1. Review that the payments of IBI (RATES) are up to date and whether there is any debt related to the Spanish property.
  1. Our Spanish conveyance law firm, also recommend to check whether you are holding a copy of the License of first occupation and whether the property has been built in accordance with the planning regulations in the area.
  1. Additionally, we also recommend that you obtain an estimate of the payment of the Plusvalis Tax in order to account for all future costs arising in the sale.
  1. Additionally it is advised that our clients obtain and indicate the capital gains tax arisen.
  2. Clients, need also to obtain the Energy
  3. Finally, if your are a non-resident in Spain, we advise you to present the corresponding non-resident income tax declarations.

 

ADDITIONAL INFORMATION

 

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Conveyancing in Spain: what to check

Conveyancing in Spain holds some differences when compared to conveyancing all

over the world.

These differences include that the drawing up of the initial deed and the

witnessing of the signatures can only be accomplished by a public notary.

A notary represents the government by fortifying that state taxes are paid on the completion of a sale.

The use of a notary in conveyancing in Spain ensures the following checks are executed.

 

  1. Verifying that a property belongs to the vendor or that he or she has the legal authority to sell it.
  1. Ensuring there are no tenants in the aforementioned property.
  2. Checking that there are no preemptive rights over the property and that any of construction will not adversely affect the value of the environment.
  3. Making sure that the boundaries and measurements of the deed are accurate.
  4. Ensuring that the planning or building permits are in legal order.
  5. If a building is located on a beach-front, you should check that it was approved by the coastal authorities.
  6. A newly completed building must also have a certificate to which certifying the completion of work in accordance with the building plans and a license for the first occupation.
  7. Obtaining the registration number of the property and an extract of the property number.
  8. Obtaining a certificate of no debts from the town hall.

 

Read more…….

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5 Stages of the Conveyancing Process in Spain

Conveyancing services in Spain involves legally transferring home ownership from the seller to the buyer.

The conveyancing process in Spain begins when your offer on a house is accepted and  finishes when you receive the keys. Moreover, the conveyancing process in

Spain comprises of all the legal stages and processes when buying property in Spain.

Stage 1

Stage 1 of the conveyancing process in Spain comprises of searching for a Spanish home to which you will need a copy of the Nota Simple. The Nota Simple describes what you are buying, the charges and encumbrances for which the property is accountable. An annual IBI (Council tax costs) and level of community charges where applicable should be made to recognize ongoing expenses. Thereafter, it is recommended to appoint a Spanish lawyer who can ensure that fundamental legal procedures have been met.

Stage 2

Stage 2 of the conveyancing process in Spain includes signing a reservation contract and paying a reservation fee. A reservation contract will assure the Spanish property is removed from active marketing. However, prior to signing a reservation contract and paying over monies it is advised to have taken counsel from a legal representative.

Stage 3

Stage 3 of the conveyancing process in Spain describes the Private Purchase Contracts. It is standard procedure at this point for a 10% deposit to be transferred to the seller. The point the contract is signed the buyer becomes legally accountable to fulfill the payment of the property. The seller is now legally obligated to sell the property at the consensual price.

The conveyancing process in Spain undertakes the possibility to write into a purchase contract certain “get out” clauses. However if one of the clauses finally needs to be acted upon, the buyer may have to take legal action. In addition, the purchase contract also describes what expenses and what fixtures form part of the sale of the property. Prior to signing the Private Purchase Contract, the purchaser should have concluded who exactly will be buying the property.

Stage 4

Stage 4 of the conveyancing process in Spain comprises of the completion of a property purchase in Spain and  is undertaken in the offices of Notaria Publica. All parties connected to the completion in Spain must be in attendance. The aforementioned parties may include any bank personnel for redemption of a current loan or new mortgage, the seller and the buyer and their corresponding legal representatives.

Stage 5

Stage 5 of the conveyancing process in Spain entails that a copy of the deeds is given to the buyer or their legal representative. The originals are delivered to the Land Registry to be examined and recorded. The registration process can take up to three months. After the registration process has been completed, the original deeds and all invoices relating to the transaction will become obtainable.

 

Do not hesitate to contact our conveyancing law firm in Marbella, for all your legal enquires in Spain.

 

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Solution for irregular buildings in Andalucía, Spain

Welex, your expert property lawyer in Marbella, has the pleasure to write some lines with regards to the Spanish law of urgent measurements for the environmental and territorial adequacy of irregular buildings in Andalucía, Spain.

 

We find a new Decree that will revoke, among other regulations, the Spanish Decree 2/2012, of January 10, which regulated the regime of existing buildings and settlements on undeveloped land of the Autonomous Community of Andalusia, because according to the background of the new Decree «the current regulation in the Andalusian legal system on this matter is extraordinarily messy and complex, which creates a scenario of uncertainty and legal insecurity.»

 

Indeed, Decree 2/2012 turned out to be of difficult practical application, since the municipalities were not able to determine whether irregular properties located in their territory could be considered «assimilated to out of planning.»

 

The new Spanish Decree, according to its own statement of reasons or background, will have an absolutely provisional character «until the new law on urban planning and land in Andalusia is approved». Do not hesitate to contact one of our multilingual property lawyers in Marbella now for any legal question!

 

The Decree will regulate the procedure of declaration of the situation of assimilated to out of planning of the irregular, isolated or grouped buildings, in urban, urbanizable and non-developable land in Spain in respect of which measures to restore the legality can no longer be adopted for having elapsed the deadlines established by law (6 years after the completion of the works).

 

These irregular but completed buildings in Andalucía, Spain, will not be able to access the basic services nor will any work be carried out until the administrative resolution of recognition of “assimilated to out of planning” is obtained.

 

The new Spanish Decree introduces the possibility of approving special plans to adapt environmentally and territorially the groups of irregular buildings, without the need for the approval of future general plans and their subsequent development.

 

The approval of these special plans does not imply a modification of the land classification in Spain, but will allow Spanish irregular buildings to have access to basic services for conservation and renovation works.

 

The Special Plan may establish the construction of small auxiliary elements as long as it does not affect the landscape and the environment.

 

These irregular buildings in Spain may be incorporated into urban planning, on the occasion of the drafting of the General Planning Plans, their revision or modification.

 

Finally, it is necessary to grant a municipal license for access to the Land Registry of any segregation that is carried out on non-developable land, so that the declaration of unnecessariness is dispensed with.

 

Welex, expert property lawyers in Marbella, have not wanted to enter the articles of the Decree-Law to avoid tedious reading to our readers.

 

If you have a property in undeveloped land in Spain and have doubts about your legal situation, contact the expert property lawyers in Marbella of Welex, where you will find answers to your questions.

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Do you have any legal question?

At Welex we guarantee you a professional and individual treatment. All our professionals have years of experience in their field, which they put at your service with the aim of attending your affairs quickly and efficiently. Please contact us and we will be happy to advise you. (+34) 952 77 55 21 | info@welex.es

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