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Holiday Homes in Andalusia, Spain

Welex, our leading firm of lawyers and accountants in Marbella, is pleased to detail in this blog information and tax advice on holiday homes in Andalucía, Spain.

Our geography in Spain offers one of the best destinations for sun-seeking travelers among others, so it is not surprising that many see the south of Spain as an opportunity to start their own tourist accommodation business.

In order to assist you in the process of setting up your holiday rental in Andalusia, Spain, we have put together this short guide explaining the differences between flats and holiday homes in Andalusia, Spain.

 

 

In Andalusia, Spain, according to the legislation, there are different types of tourist accommodation depending on their uses and characteristics. We are going to focus on tourist accommodation in Andalusia, Spain.

 

Tourist flat in Andalusia, Spain:

The Junta de Andalucía defines the concept of tourist flat in Decree 194/2010 as a “set of accommodation units […] intended to provide tourist accommodation services, which have adequate furniture and facilities for the conservation, preparation and consumption of food and beverages, and which are subject to exploitation in common by the same owner”.

Tourist flats in Andalusia, Spain, are considered as tourist accommodation establishments that can provide tourist services complementary to accommodation.

 

Homes for tourist purposes in Andalusia, Spain:

In Decree 28/2016 it is defined as “properties located on land for residential use, in which an accommodation service is offered for a price, on a regular basis and for tourist purposes.

The homes for tourist purposes in Andalusia, Spain, according to the regulation will be advertised in tourist offer channels: national rental platforms, tourist service companies, travel agencies, among others.

The number of places is limited to 15 places if rented as a whole, 6 places if rented in rooms, and in no case may there be more than 4 beds per room, with a maximum rental contract period of 60 days.

 

The regulations are made up of a wide range of laws and regulations, the main one being the Andalusian Tourism Law 13/2011, which regulates all tourist activities in Andalusia, Spain. And you will be able to see in detail the requirements that must be met in terms of equipment, accreditation of ownership, occupancy license, complaint forms, etc.

How is income taxed in Spain?

Non-resident taxpayer in Spain:

On a property for tourist purposes in Andalusia, Spain, the income is taxed as income from real estate capital as it is income derived from the letting of real estate. If the owner of the property is resident in another Member State of the European Union, in Iceland or Norway, he will be taxed at a rate of 24% on the income he obtains and will be able to deduct the expenses he incurs in connection with the rental. In addition, you will be taxed at a reduced rate of 19%.

If your accommodation is a tourist flat, the income obtained will have to be declared as income from economic activities.

As a taxpayer in Spain, you will be obliged to file a quarterly tax return (form 210) for the income you receive every quarter and an annual tax return.

 

What income must be declared and what expenses are deductible in Spain?

The total income obtained from the short-term rental of your tourist accommodation and the following expenses that are directly related to the rental of the accommodation, i.e. those that correspond to the time during which the accommodation has been rented, are not included in the long term rentals

 

Practical example:

If you rent a property for tourist purposes in Andalusia, Spain, during the summer months, you cannot deduct the expenses for the whole year, they must be prorated based on the months it has been rented.

To conclude, if you are interested in investing in holiday homes in Andalucía, Spain, you have come to the right place. At Welex, our leading firm of lawyers and accountants in Marbella, Andalucía, we are committed to providing you with the advice and support you need to make the most of this opportunity.

We have a team of highly qualified experts who are fully conversant with the laws and regulations in force in Spain. Whether you need assistance in obtaining the necessary permits and licenses, the fiscal and financial management of your property, or the resolution of any legal disputes in Spain, our firm is here to help you every step of the way. Don’t hesitate to contact us for a personalized consultation and find out how we can facilitate your plans in the exciting world of holiday homes in Andalucía.

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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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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 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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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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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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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.
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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

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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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