Entradas

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.

/por

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.

/por

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.

/por

Taxes on the purchase of a property in Andalusia, Spain

In this blog, Welex, leading law and accountant firm in La Costa del Sol, is going to explain real cases of expenses and taxes in the purchase of a property in Andalusia, Spain: Taxes, notary and registry.

If you have decided to buy a property in Andalusia, Spain, we would like to inform you in a very precise way, as these are real cases, about the costs and taxes paid by several buyers in the purchase of their properties in Spain.

 

Keeping in mind that the taxable base of the transfer tax and documented legal acts is the value of the property transferred, we are going to present several cases with different purchase prices in Spain.

 

 

It is necessary to understand that the Tax Agency in Spain has the power to check the price declared in the purchase and sale transaction by the parties, in accordance with the reference values assigned by the Tax Administration itself, which appear in the official tax registers.

If the value determined by the Spanish Tax Administration is different to that declared by the parties, the Administration will notify a regularization proposal for the payment of the tax in accordance with the reference value assigned, communicating the valuation proposal duly motivated, with an expression of the means and criteria used.

The reference value is determined by the General Directorate of the Cadastre, obtained by examining the prices of all property sales and purchases made before a notary public, based on the data of each property in the Real Estate Cadastre in Spain. The reference value is the minimum amount for the payment of transfer tax and documented legal acts.

 

You should also take into account whether the object of the sale is a single property or several properties, such as garages and storage rooms. When dealing with a larger number of properties, the notary and registry fees will increase.

 

It is also necessary to consider whether we are dealing with the purchase of a newly constructed property transferred by the Developer, in which case the buyer will have to pay 10% VAT and 1.2% in respect of Documented Legal Acts in Spain.  If, on the other hand, it is a second or subsequent transfer, the buyer will have to pay a 7% transfer tax.

 

Having said this, let us look at the following cases in Spain:

1) Purchase of a newly built home sold by the developer.

Purchase price: The amount of 297.500,00 €.

Expenses and taxes in Spain:

– VAT 10%: 29.750,00 €.

– Documented legal acts. 1.2%: 3.570,00 €.

– Notary’s office: 774,86 €.

– Land Registry: 302,45 €.

 

2) Purchase of a property of 340.000,00 €.

 

Expenses and taxes in Spain:

 

– Transfer Tax 7%: 23.800,00 €.

– Notary’s office: 846.45 €.

– Land Registry: 538.29 €.

 

3) Purchase of a property, two garages and a storage room for a purchase price of 435.000,00€.

 

Expenses and taxes in Spain:

– Transfer Tax 7%: 30.450,00 €.

– Notary’s office: 1.529,68 €.

– Land Registry: 1.280,72 €.

 

If you wish to see more examples, keep reading here: https://www.welex.es/taxes-on-the-purchase-of-a-property-in-andalusia-spain/

 

We hope the above information has been useful and of interest to you. If you have any questions regarding the payment of your taxes in Spain we invite you to contact our offices for any legal or fiscal advice you may need.

 

/por

Ana Sánchez: Lawyer specializing in conveyancing services in Spain.

In this blog, Welex, leading law and accountancy firm in La Costa del Sol, is going to introduce one of its professional lawyers specialized in the purchase and sale of properties in Spain.

My name is Ana Sánchez, and I am a lawyer specializing in property sales and purchases with years of experience in the city of Marbella. Throughout my career, I have had the privilege of assisting and guiding numerous clients through the complex legal world of real estate transactions in Spain. In this article, I would like to share with you a little about my background and how I can help you in your future Marbella real estate transactions.

Since I started my career as a lawyer in Spain, I have been involved in, among other fields, real estate sales and purchases. This specialization has allowed me to develop an in-depth knowledge and solid experience in all legal aspects related to the buying and selling of properties in Marbella and its surroundings.

My main objective is to provide my clients with a comprehensive and personalized legal service tailored to their individual needs in Spain. I understand that every real estate transaction is unique and requires meticulous attention to detail. Therefore, I place emphasis on actively listening to my clients, understanding their goals and concerns, and working closely with them to achieve the desired results in Spain.

By choosing Welex as your Spanish conveyancing lawyer, you can expect a professional and solution-oriented approach in Spain. I am perfectly familiar with the local legislation and administrative processes necessary to carry out successful real estate transactions in Spain. From reviewing and drafting contracts to conducting thorough due diligence, I ensure that all legal aspects are in order and that your rights are protected at every stage of the process.

But my commitment to clients does not end there. In addition to providing quality legal services in Spain, I pride myself on offering a client-centric approach. I understand that buying and selling can be an emotionally challenging and overwhelming process in Spain. That is why I strive to provide constant support and guidance to my clients, giving them peace of mind every step of the way. My aim is to make them feel safe and supported throughout the entire process, from the initial negotiation to the final signing.

If you are looking for a reliable and experienced lawyer in Marbella for your property sales in Spain, do not hesitate to contact me. With two years of experience in the field and a client-centered approach, I can provide you with the legal support you need to ensure successful real estate transactions in Spain. I am committed to providing a quality service, protecting your interests and providing peace of mind at all times.

 

I look forward to working with you and helping you achieve your Marbella real estate goals! Feel free to contact me to schedule a consultation to discuss how I can help you with your next sale or purchase in Spain. Together, we can make sure your experience is as smooth and successful as possible.

/por

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

 

/por
,

All documents the vendor needs to supply in the event of the purchase of a new property in Spain

Spanish legislation protects consumers who purchase real estate in Spain by requiring the developer to provide certain information. This matter is regulated by Royal Decree 515/1989 of April 21, which includes information and documentation that must be provided to the user in the acquisition of a home.

 

Do do wish to learn more about the relevant information for buyers interested in the acquisition of a new property in Spain or a property under construction? Than click here to read more!

 

 

Do not hesitate to contact leading conveyancing lawyers in Marbella of our law firm in Spain!

 

Get In Touch With Our property Experts Now. Low Costs on Spanish property transactions. Contact now with one of our friendly property lawyers now and you will get efficient and quick servics..

 

Low costs and fixes legal fees. Multilingual lawyers in Spain.

 

/por
Link to: Contact

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

LEGAL WARNING | PRIVACY POLICY

Este sitio web utiliza cookies para que usted tenga la mejor experiencia de usuario. Si continúa navegando está dando su consentimiento para la aceptación de las mencionadas cookies y la aceptación de nuestra política de cookies, pinche el enlace para mayor información.

ACEPTAR
Aviso de cookies