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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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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.

 

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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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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:

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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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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

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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 

 

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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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