Entradas

Civil responsibilities at time of buying a new property in Spain

Welex, lawyers and accountants in Marbella, has the pleasure to write a few lines on civil responsibilities at time of buying a new property in Spain.

 

 

Did you buy a new building property in Spain? Do you wish to purchase a newly build property in Spain? The Spanish law states periods of guarantee and gives the consumer the possibility to exercise with success legal actions in Spain. The below information is provided by our firm Welex, your multilingual property lawyer in Marbella, Málaga, Spain!

The Spanish law 28/1999 of November 5 establishes a series of periods of guarantee, to be able to exercise the corresponding legal actions in Spain, for the material damages that can arise after the construction of a building, or part of these, against the agents that took part in the construction:

a) A term of guarantee for a period of 10 years, for those material damages caused in the building as a consequence of the existence of defects or damages that affect the foundations, supports, beams, slabs, load-bearing walls or other structural elements, that may compromise the mechanical strength and stability of the building in Spain.

 

b) A term of guarantee for a period of 3 years, as a result of the existence or appearance of material damages due to defects or deficiencies of those constructive elements that suppose the breach of any of the habitability requirements, such as hygiene, health, noise, energy saving, environmental protection, rational use of energy in Spain.

 

c) A term of guarantee for a period of 1 year, to exercise the actions against the constructor for the material damages that affect elements of completion or finishing of the works in Spain.

If you wish to know more about the civil responsibilities at time of buying a new property in Spain, keep reading here.

 

If you have purchased a new home in Spain, or if you have made any alterations to it, if you notice any damage, visit to our litigation law firm in Marbella, where we will analyze your case and the measures that may be adopted.  Welex, your property law firm in Marbella that provides all round services throughout Spain.

 Other articles of interest:

/por
,

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………..

/por
,

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…………

/por
,

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

 

/por
,

Bye Bye to the Licence of first occupancy in Spain?

 

Spanish Decree-Law 2/2020 of March 9, on the improvement and simplification of regulations for the promotion of productive activity in Andalusia, has introduced a series of measures for Andalusia that aim to reduce administrative procedures in certain economic and productive sectors, in order to speed up access to productive activity for entrepreneurs and business people, simplifying procedures and reducing unjustified or disproportionate administrative requirements.

 

Read more………

By Welex, your multilingual conveyancing law firm in Spain.

 

Read here more about the 10 most relevant queries at the time of the purchase of a property in Spain

/por
,

What is a digital or electronic certificate in Spain?

The digital certificate in Spain confirms our identity on the Internet both as a natural person and a legal entity. Your data will be protected every time your digital signature is used and when you make an online transaction.

Do not hesitate to contact our firm of lawyers and accountants in Marbella to obtain your digital signature in Spain.

The Spanish digital certificate is valid for three years. After those three years it will be necessary to renew it.

 

What can we do with the digital certificate in Spain?

With the Spanish digital or electronic certificate we can file, request any documentation, information or sign digitally.

For example:

Tax Agency: you can access your tax data, file your declarations, request documentation, payment letters, certifications, etc.

City councils: obtain information, documentation, receipts, and fines, file documentation, etc.

Social Security: access your work history, register with social security, get an appointment with a doctor, etc.

 

How do you obtain a digital certificate in Spain?

Obtaining your digital certificate means increasing speed and simplifying bureaucratic procedures in Spain. Do not hesitate to contact WeLex now, your lawyer and accountant in Marbella who will be able to obtain your digital signature at a reasonable cost!

 

The procedure to obtain the digital certificate in Spain is relatively simple.

To obtain the Spanish digital certificate we first need to access the page of the Fábrica Nacional de Moneda y Timbre, FNMT (Royal Spanish Mint), where we will request the certificate as a natural person.

Once requested, we will receive a number in the email we have provided.

You will have to go in person to any public body that provides this service and bring your original passport or identity card along with the number that the Fábrica Nacional de Moneda y Timbre FNMT (Royal Spanish Mint) has given you. They will identify you with your passport or identity card and issue the certificate that you will receive in the e-mail you have provided. If you are not Spanish, you will need to show a copy of your NIE certificate (identification number for foreigners).

You can now download the certificate. Very important, it must be done always from the same computer from which you requested it.

At Welex we can help you to obtain your digital certificate in Spain.

We will be at your side in any public organisation to obtain it.

Also if you are in another city, at Welex we can manage it remotely and indicate the exact steps you have to follow to obtain it.

 

What are the advantages of the digital certificate in Spain?

  • Security:

The documentation cannot be altered or manipulated

  • Procedures:

You will be able to carry out formalities from your computer without having to travel and avoid long queues.

  • Savings:

You will save on paper, time, travel and work

If you need to obtain a digital certificate and would like Welex to advise you, do not hesitate to contact Welex, a firm of lawyers and economists in Marbella. Our office will manage your request before the National Mint for the issuance of the certificate and we will be at your side in any public body for this purpose, always with an exquisite treatment.

This blog has been written by Welex, your lawyer in Spain and accountant in Marbella.

For more information of a legal, fiscal, accounting or labour nature, do not hesitate to contact Welex, your lawyer, economist and tax advisor in Marbella.

To read more about the digital certificate in Spain click here 

 

/por
,

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.

/por
,

Compulsary extentions of rental contracts in Spain-homes only

By Welex, lawyers specialising in Real Estate Law in Spain As a result of the health crisis caused by the coronavirus Covid-19 in Spain, Royal Decree Law 11/2020 of March 31 was published, which established an extraordinary extension to the leases of habitual residence in Spain. The extension of rental contracts in Spain Regarding the…

Click here if you wish to learn more of this Spanish conveyancing web site.
/por
,

What documentation do I need to request to the seller to purchase an already existing property in Spain?

By Welex, your conveyancing lawyer in Marbella.

First, we would like to differentiate between properties that are acquired directly from the developer or under construction and the properties of second transmission, depending on whether it is one or the other properties referred, we will request to the vendor different documents.

In this blog we are going to focus on Spanish properties of second transmission.

The most important documentation that our office advises to request to the seller or his legal representative before acquiring a property is the following:

conveyancing lawyers in Marbella

Read more

Do not hesitate to approach the conveyancing lawyers in Marbella of our law firm in Spain now!

 

/por
,

Who has to pay the rates (ibi) in spain in the year that the Spanish property is being sold?

Do you wish to sell or purchase a property in Spain? Who needs to pay the Real Estate Tax, the Spanish IBI, that same year?

This matter is being regulated in the Law for Local Tax Offices, which establishes that the taxable event of this tax, the ownership is of the property right, amongst others, on rural and urban properties.

In case of selling a property, the IBI, or Spanish Real Estate Tax, must be paid by whoever is the owner on January 1st of that same year in which the conveyance is taking place. The purchaser will pay the year after that. Read here more on contracting of supplies for a new construction in Spain

For purposes of this tax in Spain, rural and urban properties shall be considered in accordance with the definition that is given in the regulations of the Property Cadastre or Land Registry.

In case one and the same property is located in different municipalities, it is understood that it belongs to each one of those municipalities for the surface it occupies in each one correspondingly.

Contact one of our conveyancing lawyers in Marbella for any legal question now!

rates in Spain

Who pays the rates in Spain

Read more

/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