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Our Real Estate Legal Audit Protocol thoroughly examines the following aspects:
Pre-emptive rights and purchase options

During our statutory audit procedure we examine any pre-emptive rights and purchase options that may have been granted by the seller to third parties in relation to the property. We also verify the existence of legal rights of first refusal.
Essentially:
– those arising from leases in force on the property at the time of the transaction, and which have not been waived by the tenants;
– the retraction of co-owners;
– the withdrawal of neighbors; and
– the appraisal and urban planning permission for the property.

Horizontal Property

If you are going to purchase a property in an urbanization or in a building, we will check the Public Deed constituting the horizontal property (in particular, the Statutes of the Community of Owners registered in the Land Registry), the Internal Regulations, the Minutes approved by the Community of Owners, and the income and expenditure budget for the current and previous year, so that, basically, we can confirm, for your full knowledge when making the purchase decision :
– the way to adopt the agreements;
– what the participation fees are in terms of ownership and expenses; and
– if the seller is up to date with the payment of your community fees.

Leases and Tenants

If the property is leased, we examine the lease agreements signed by the seller in relation to the property that is the subject of the transaction and any amendments thereto. It is particularly important to study the clauses of the contract relating to:
– Object. We verify that the property is correctly and completely defined and that the property has the characteristics that are stated in the corresponding Registry Sheet (especially its surface area).
– Duration. We treat with special attention the obligatory duration and to the extensions, verifying also if rights of anticipated resolution in favor of the renter exist. The duration indicates the period of time in which the investment in the property is guaranteed to be profitable.
– Monthly or annual rent. The determination of the net rent is basic when deciding whether or not to purchase a property. For this purpose, we examine, among other aspects, the gross income, the periodicity of payment and the cases of bonus or exemption from payment of rent or its updating.
– Deposit. It is compulsory for the tenant to provide a deposit and for the landlord to deposit it with the corresponding regional administration or public body.
– Expenses and taxes. We verify if the expenses and taxes that affect the property are chargeable to the tenant and what is the distribution between the lessor and the tenant.
– Additional guarantees. There may be additional guarantees for the payment of rent and expenses, such as guarantees, bank deposits, etc.

liens and encumbrances

Through the analysis of the registry information and other documents we check the existence of charges and liens that may constitute a limitation of the domain (mortgages, easements, administrative restrictions, prohibitions on disposal, etc.).
Tax condition. The rules of the transfer tax establish a real guarantee, consisting of the affection of the goods and rights transferred to the payment of the debt that corresponds to the transfer. The tax effect will consist of :
– by means of a warning from the notaries in the documents they authorise;
– by means of an entry in the Land Registry. The Registry records the effect of the tax self-assessments made by the taxpayer, as a guarantee of the additional assessments that, in the event of administrative verification of the self-assessment, he may have to make in the future.

Tax condition. For the purchaser of a property, the Tax Condition implies that the property remains as a guarantee, both of the debt caused by its own purchase, and of the debts produced by previous transfers, when they are expressly registered and have not expired. Its purpose is not to register a right in favour of the tax authorities, but to make a right of the tax authorities to claim a debt on the property effective against third party purchasers, even if the owner is not the person liable for the unpaid tax, as a result of subsidiary liability for liability.
The term of the condition is 4 years, although the registration of the tax condition expires after 5 years.

Lease of Business Premises

– Licenses. It is interesting for the buyer of a property intended for business purposes that the lessee has the required business license. This is a guarantee that he will be able to carry out the business activity without administrative obstacles, and thus meet his economic obligations in accordance with the lease contract.
– Environmental responsibility and waste management. The lease contract should clearly state the full responsibility of the lessee for any polluting acts that he may carry out in the property, as this way, the deposit and possible additional guarantee can be used to cover the costs of decontamination in the event of the lessee’s insolvency.
– Protection of personal data. We check whether the provisions regarding the protection of personal data have been included in the rental contracts.
– Tenant’s insurance. We check whether the rental contract contains the obligation of the tenant to have an insurance policy that insures, in any case, the damage caused to the property by fire, flood, and any other risks (normally, a multi-risk insurance) and a civil liability insurance for material and personal damages caused in the exercise of the tenant’s activity.
– Building works. During the legal audit process, we analyse the clause relating to the reform works, which is usually restrictive of the lessee’s powers so that the premises are not subject to deterioration that might diminish their value or commercial interest. It is important to analyse whether the lessor reserves the right to carry out works on the property and, if so, what powers are granted to the lessee (resolution, rent rebate, etc.).
– Conservation of the property. We check whether there is a specific clause regulating the conservation of the rented property, to verify whether the cost of said conservation is assigned to the lessee.
– Preferential acquisition rights. The fact that the tenant has a preferential right of acquisition in relation to the rented property is an obstacle to the free sale of the property by the buyer. Therefore, the tenant is most often deprived of such a right by the lease contract.
– Assignment and sublease. Since the lease is of a very personal nature, it is in the buyer’s interest that the tenant of the property is a specific one and cannot be changed without his knowledge and approval. The buyer (as the future landlord) thus ensures that the economic solvency of the tenant is not altered by replacing the tenant by subletting or assigning the contract. Therefore, the lease contract will normally contain a stipulation that the rights of assignment or sublease are severely limited or prohibited for the lessee. Where assignment or sublease is permitted, it is usually provided that it must be in favour of members of the lessee’s group and that the original lessee remains the guarantor of the subtenantor’s or assignee’s obligations.
– Termination. Particularly important are the stipulations on the termination of the contract in terms of the extinction of the contract and the consequent cessation of the property’s profitability, in the event that the termination occurs.

Full Verification on the specific Town-Planning situation

As a general rule, purchasers of real estate acquire the obligations or limitations of an urban planning nature that apply to such real estate, regardless of whether or not they are reflected in the Land Registry. In other words, the transfer of property does not change the situation of its owner in relation to urban planning obligations. The new owner replaces the previous owner in his urban planning rights and duties, as well as in the commitments previously agreed with the Town Hall (and which have been the subject of registration, provided that such commitments refer to a possible effect of legal-actual modification).

If the property to be acquired is a plot of land or unbuilt plot of land, it must be examined:
– The urban planning, and the applicable municipal by-laws regulating building;
– the validly approved and published town planning agreements;
-The land reparcelization project,
– the documents for the reception by the municipality of the development works (if such reception has already taken place), and
– authorisations from public authorities other than the municipal authorities (e.g. regional authorities in relation to the environment, road authorisations, coastal service authorisations, etc.).

If it is a question of purchasing a building that is currently constructed, as the land management is completed, control is more limited. In particular, it focuses on checking building permits, extensions to the building site, refurbishments, activity permits, first occupation licences, building installations, etc.).

Insurances

During our legal audit, we check if the property (built or under construction) is properly insured, by analysing
– the general and particular conditions of the insurance policies and their modifications,
– verification of payment of insurance premiums by the seller,
– the damages covered by the insurance,
– the franchises,
– risk exclusions,
– ongoing legal proceedings or claims against the insurance company, etc.

In addition, the developer of a building under construction normally takes out two types of insurance: a ten-year liability insurance policy and a civil liability insurance policy for construction. The purchase of ten-year liability insurance is compulsory in the construction of buildings whose main purpose is housing.

SPANISH CIVIL CODE

CHAPTER I
Sources of the Law

Article 1
1. The sources of the Spanish legal system are written laws, custom and general legal principles.
2. Any provision which contradicts another of higher rank shall be invalid.
3. Custom shall only apply in the absence of applicable written laws, provided that they are not contrary to morality or the public order, and that it is duly proven.
Legal uses which are not merely for the construction of a declaration of will shall be deemed customs.
4. General legal principles shall apply in the absence of applicable written law or custom, without prejudice to the fact that they contribute to shape the legal system.
5. Legal provisions contained in international treaties shall have no direct application in Spain until they have become part of the domestic legal system by full publication thereof in the Official State Gazette.
6. Case Law shall complement the legal system by means of the opinion repeatedly handed down by the Supreme Court in its construction and application of written laws, customs and the general legal principles.
7. The Judges and Courts of Law shall have the inexcusable duty of resolving in any event on the issues brought before them, abiding by system of sources established.
Article 2
1. Written laws shall enter into force twenty days after their full publication in the Official State Gazette, unless otherwise provided therein.
2. Written laws may only be repealed by subsequent written laws. Such repeal shall have the scope explicitly provided therein, and shall always extend to any provision of the new written law on the same matter which is incompatible with the prior written law. Mere repeal of a written law shall not entail re-entry into force of any provision repealed thereby.
3. Laws shall not have retroactive effect, unless otherwise provided therein.

 

CHAPTER II
Application of legal provisions

Article 3
1. Legal provisions shall be construed according to the very meaning of their words and in connection with the context, with their historical and legislative precedents and with the social reality of the time in which they are to be applied, basically in view of the spirit and purpose thereof.
2. Equity shall be taken into account in applying legal provisions, but resolutions of the Courts of Law may only be rest exclusively on equity if the law explicitly allows this.

Article 4
1. If a provision fails to contemplate a specific case, but does regulate another similar one in which identical reason is perceived, such provision shall be applied by analogy.
2. Criminal laws, exceptional laws and laws of a temporary nature shall not be applied in cases or times other than as explicitly provided therein.
3. The provisions of this Code shall be of subsidiary application in matters governed by other laws.

Article 5
1. Unless otherwise provided, for periods stated in number of days, counting from a particular day, the latter shall be excluded from the calculation, which shall begin on the following day; and periods set in number of months or years shall be calculated from day to day. If on the month of the expiration date there is no day equivalent to the initial date of the period, the period shall be deemed to expire on the last day of the month.
2. Calculation of periods according to the Civil Law shall not exclude non-business days.

 

CHAPTER III
General effectiveness of legal provisions

Article 6
1. Ignorance of the law does not excuse from compliance therewith. Error in the law shall only have the effects provided in the laws.
2. The voluntary exclusion of applicable law and the renunciation of any rights recognised therein shall only be valid if they do not contradict the public interest or order or cause a detriment to third parties.

3. Acts contrary to mandatory and prohibitive legal provisions shall be null and void by operation of law, save if such legal provisions provide for a different effect in the event of a breach.
4. Acts carried out pursuant to the text of a legal provision, which pursue a result forbidden by the legal system or contrary thereto shall be deemed to be in fraud of the law and shall not prevent due application of the provision which they purported to elude.

Article 7
1. Rights must be exercised pursuant to the requirements of bona fide.
2. The law does not cover abuse of rights or antisocial exercise thereof. Any act or omission which, as a result of the perpetrator’s intention, its purpose or the circumstances in which it is carried out manifestly exceeds the normal limits of exercise thereof, with damage to a third party, shall give rise to the corresponding compensation and the adoption of judicial or administrative measures required to prevent persistence in such an abuse.

 

CHAPTER IV
Provisions of Private International Law

Article 8
1. Criminal, police and public security laws shall be binding on all persons within Spanish territory.

Article 9
1. The personal law applicable to an individual shall be determined by his citizenship. Such law shall govern capacity and civil status, family rights and duties and mortis causa succession.
A change in personal law shall not impinge the coming of age acquired pursuant to the former personal law.
2. The effects of marriage shall be governed by the personal law common to the spouses at the time of the matrimony; in the absence thereof, by the personal law or the law of the place of residence of any of them, chosen by both in an authentic instrument executed prior to the solemnisation of the matrimony; in the absence of such choice, by the law of the place of habitual residence common to both immediately after the solemnisation of the matrimony and, in the absence of such residence, by that of the place of the solemnisation of the matrimony.
Nullity, separation and divorce shall be governed by the law provided in Article 107.
3. Nuptial agreements or covenants stipulating, amending or replacing the property system of the marriage shall be valid if they are pursuant to either the law governing the effects of the wedlock, or the law of the citizenship or habitual abode of either party at the time of execution thereof.
4. The nature and content of natural filiation shall be governed by the law of the habitual abode of the child at the time when the filiation is established. In the absence of the habitual abode of the child, or if the filiation is not permitted under law, the national law at that time of the child shall apply If this law does not permit the filiation or if the child does not have a habitual abode or citizenship, Spanish substantive Law shall apply. As regards filiation by adoption, the provisions of Section 5 shall apply.
The nature and content of filiation, including filiation by adoption, and parental responsibility shall be governed by the Hague Convention of 19th October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.
5. International adoption shall be governed by the provisions of the International Adoptions Act. Likewise, adoptions decreed by foreign authorities shall be effective in Spain pursuant to the provisions of the aforesaid International Adoptions Act.
6. The law applicable to the protection of children shall be determined pursuant to the Hague Convention of 19th October 1996, as referred to in Section 4 of this Article.
The law applicable to the protection of elderly persons shall be determined by the law of their habitual abode. If their abode changes to another State, the law of the new habitual abode shall apply, without prejudice to the recognition in Spain of the protection measures granted in other States. The aforesaid notwithstanding, Spanish Law shall apply for the adoption of provisional or urgent protection measures.
7. The law applicable to maintenance obligations between relatives shall be determined pursuant to the Hague Protocol of 23rd November 2007 on the Law Applicable to Maintenance Obligations or any legal text by which it is replaced.
8. Succession mortis causa shall be governed by the national law of the decedent at the time of his death, whatever the nature of the goods and the country where they are located. The aforesaid notwithstanding, testamentary provisions and covenants relating to future succession executed pursuant to the national law of the testator or bequeather at the time of execution thereof shall remain valid even if another law is to govern the succession. Rights attributed ipso iure to the surviving spouse shall be governed by the same law which governs the effects of marriage, respecting at all times the reserved share allocated to the descendants.
9. For the purposes of the present Chapter, the provisions of international treaties shall apply to situations of dual citizenship provided under Spanish Law, and, in the absence of such provisions, the citizenship of the last place of habitual abode and, in the absence thereof, the last citizenship acquired shall be preferred.
In any event, Spanish citizenship shall prevail for persons who also hold another citizenship that is not provided for in Spanish Laws or international treaties. If such individual were to hold two or more nationalities, and none be Spanish, the provisions of the following Section shall apply.
10. The law of the place of habitual abode shall be deemed to be the personal law of persons without a citizenship or with indeterminate citizenship.
11. The personal law pertaining to legal persons shall be determined by their nationality, and shall apply in all matters relating to their capacity, incorporation, representation, operation, transformation, dissolution and extinction.
In mergers between companies of different nationalities their respective personal laws shall be taken into account.

Article 10
1. Possession, ownership and other rights over immovable goods and publicity thereof shall be governed by the law of the place where such goods are located.
The same law shall apply to movable goods.
For the purposes of creating or assigning rights over goods in transit, the latter shall be deemed to be located at their place of dispatch, unless the sender and the recipient were to have explicitly or implicitly covenanted to deem them to be deemed located at their place of destination.
2. Vessels, aircraft and railway transport vehicles, and all rights created thereon, shall be subject to the law of their flag, matriculation or registration. Automobiles and other road transport vehicles shall be subject to the law of the place where they are located.
3. The issuance of securities shall be subject to the law of the place where it takes place.
4. Intellectual and industrial property rights shall be protected within Spanish territory pursuant to Spanish Law, without prejudice to the provisions of international treaties and conventions to which Spain is a party.
5. The law to which the parties have explicitly submitted shall apply to contractual obligations, provided that it has some connection with the transaction in question; in the absence thereof, the national law common to the parties shall apply; in the absence thereof, that of their common habitual abode and, lastly, the law of the place where the contract has been entered into.
Notwithstanding the provisions of the preceding Paragraph, in the absence of explicit submission, contracts relating to immovable goods shall be governed by the law of the place of their location, and sale and purchases of material movable goods in commercial establishments by the law of the location of such establishments.
6. In the absence of explicit submission by the parties and without prejudice to the provisions of Section 1 of Article 8, obligations resulting from a labour contract shall be governed by the law of the place where the services are provided.
7. Donations shall in any event be governed by the national law of the donor.
8. Contracts for valuable consideration entered into in Spain by an alien without sufficient capacity pursuant to his national law shall be valid for the purposes of Spanish Law if the cause of his lack of capacity were not recognised under Spanish Law. This provision shall not apply to contracts relating to immovable goods located abroad.
9. Non-contractual obligations shall be governed by the law of the place where the event from which they result took place.
The management of another’s business shall be governed by the law of the place of the manager’s main activity.
Unjust enrichment shall be governed by the law pursuant to which the conveyance of goods in favour of the enriched person took place.
10. The law applicable to an obligation shall also govern the requirements for its performance and the consequences of its breach, and the extinction thereof. Notwithstanding the foregoing, the law of the place of performance shall apply to modes of enforcement which require judicial or administrative intervention.
11. Legal representation shall be governed by the law regulating the legal relationship from which the attorney’s powers derive, voluntary representation, in the absence of explicit submission, by the law of the country where the powers conferred are to be exercised.

Article 11
1. Forms and solemnities of contracts, last wills and testaments and other legal acts shall be governed by the law of the country in which they are executed. Notwithstanding the foregoing, those entered into pursuant to the forms and solemnities required by the law applicable to their content, and those entered into pursuant to the personal law of the grantor or the law common to the parties shall also be valid. Likewise, acts and contracts relating to immovable goods executed in accordance with the forms and solemnities of the place where the goods are located shall also be valid.
If such acts were to be executed on board vessels or aircraft during navigation or flight, they shall be deemed entered into in the country of their flag, matriculation or registration. Military vessels and aircraft shall be deemed a part of the territory of the State to which they pertain.
2. If the law regulating the content of acts and contracts were to require a particular form or solemnity for the validity thereof, this shall always apply, even if they are executed abroad.
3. Spanish Law shall apply to contracts, last wills and testaments and other legal acts witnessed by Spanish diplomatic or consular officials abroad.

Article 12
1. Classification to determine the applicable conflict of laws provision shall always be made pursuant to Spanish Law.
2. Referral to an alien law shall be deemed made to the substantive law thereof, without taking into account any renvoi made by its conflict of laws provisions to another law other than Spanish Law
3. Under no circumstances whatsoever shall an alien law apply if it is contrary to public order.
4. The use of a conflict of laws provisions to elude a mandatory Spanish Law shall be deemed to constitute fraud of the law.
5. If a conflict of laws provision were to refer to the legislation of a State in which different legislative systems coexist, the establishment of which one is applicable shall be made pursuant to the legislation of such State.
6. The Courts of Law and authorities shall apply Spanish conflict of laws provisions on their own motion.

CHAPTER V
Scope of application of the different Civil Laws coexisting within Spain

Article 13
1. The provisions of this preliminary Title, to the extent that they determine the effects of laws and the general provisions governing their application, and those of Title IV of Book I, with the exception of the provisions in the latter relating to the marriage property system, shall be generally and direct applicable throughout Spain.
2. For the rest, fully respecting any Special or Regional Law of any provinces or territories in which such Laws apply, the provisions of the Civil Code shall apply on a subsidiary basis, in the absence of a subsidiary law in each of them, pursuant to the specific provisions thereof.

Article 14
1. Submission to Common Civil Law or to Special or Regional Law shall be determined by civil citizenship.
2. Persons born from parents from the Common Civil Law territory or from a Special or Regional Law territory shall have the same civil citizenship as their parents.
The non-emancipated adoptee shall acquire the adoptive parents’ civil citizenship pursuant to the adoption.
3. If the parents were to have different civil citizenships upon the birth or adoption of their child, the child shall have the civil citizenship pertaining to the parent in respect of whom the child’s filiation were to have been determined first; in the absence thereof, that of his place of birth and, lastly, the Common Civil Law citizenship.
Notwithstanding the foregoing, the parents, or the parent who exercises or has been attributed parental authority, may attribute to a child the civil citizenship of either within six months following the birth or adoption.
Deprivation or suspension in the exercise of parental authority, or a change of civil citizenship of the parents shall not impinge the civil citizenship of their children.
In any event, a child, from his fourteenth birthday and within one year from his emancipation, may either opt for the civil citizenship of his place of birth or the last civil citizenship of either parent. If he has not been emancipated, he shall be assisted in his choice by his legal representative.
4. Marriage does not alter civil citizenship. Notwithstanding the foregoing, either of the spouses who is not legally or de facto separated may at any time opt for the civil citizenship of the other.
5. Civil citizenship is acquired:
1. By two years’ continued residence, provided that the interested party declares that such is his intention;
2. By ten years’ continued residence, without declaration to the contrary during such period.
Both declarations shall be noted at the Civil Registry and need shall not be repeated.
6. In case of doubt, the civil citizenship pertaining to the place of birth shall prevail. Article 15
1. An alien who acquires Spanish citizenship shall, upon registration of the acquisition of such citizenship, opt for any of the following civil citizenships:
a) The one pertaining to the place of residence;
b) The one pertaining to the place of birth;
c) The last civil citizenship of any of his parents or adoptive parents;
d) The spouse’s.
Depending on the capacity of the interested party to acquire Spanish citizenship, such election shall be made by the relevant person himself or assisted by his legal representative, or by the representative. If Spanish citizenship were to be acquired as a result of a declaration or request by the legal representative, the necessary authorisation shall determine which civil citizenship is to be chosen.
2. The alien who acquires Spanish citizenship by decree of naturalisation shall have the civil citizenship determined in the Royal Decree granting such naturalisation, taking into account his choice, pursuant to the provisions of the preceding Section or other circumstances concurring in the applicant.
3. Recovery of Spanish citizenship shall entail recovery of the civil citizenship held by the interested party at the time of the loss of the former.
4. Personal dependence in respect of an area or locality having its own or distinct Civil Law, within a Special or Regional Civil Law territory, shall be governed by the provisions of the present and of the preceding Article.

Article 16
1. Conflicts of laws which may arise as a result of the coexistence of different Civil Legislations within Spain shall be resolved pursuant to the provisions provided in Chapter IV, with the following particularities:
1. The personal law shall be that determined by civil citizenship;
2. The provisions of Section s 1, 2 and 3 Article 12 on classification, referral and public order shall not apply;

2. The widowhood rights provided in the Compilation of Aragon shall correspond to spouses subject to the marriage property system provided in such Compilation, even if they were to later change their civil citizenship, excluding, in this case, the reserved share set forth in the applicable succession law.
Expectant widowhood rights shall not be effective against a bona fide acquirer for valuable consideration of any properties not located within the territory where such right is recognised, if the contract has been entered into outside such territory without noting the conveyor’s marriage property system.
The widow’s usufruct shall also correspond to the surviving spouse if the predeceased spouse has the civil citizenship of Aragon at the time of his death.
3. The effects of marriage between Spaniards shall be governed by the applicable Spanish Law pursuant to the criteria provided in Article 9 and, in the absence thereof, by the Civil Code.
In this last case the separation of property marriage system provided in the Civil Code shall apply if such kind of system would be applicable pursuant to the personal law of both of the spouses.

 

Basic services and supplies

The control of the services and supplies contracted by the seller for the property (electricity, water, etc.) serves to confirm:
– whether these contracts are in force;
– whether the sale of the property may result in the termination of the contracts; and
– the procedures for the change of ownership in favour of the new owner and therefore the recipient of the services and supplies.

Exhaustive control of the current tax situation of the property

We check the compliance of the real estate tax obligations. The most relevant taxes to verify are :
– real estate tax;
– the tax on constructions, installations and works;
– taxes on waste collection and the use of solid waste treatment centres, on the provision of urban services, on the entry of vehicles; and
– Taxation.

Legal Disputes

It is sometimes necessary to ask the seller for information on civil or administrative litigation that may affect the property. Such information is usually:
– a list of past and current judicial, administrative or civil claims.
– information on any legalisation proceedings initiated by the Town Hall in relation to the property, and its current status or final outcome (for example, in the case of works initiated or completed without a building permit).

WE HAVE THE BEST REAL ESTATE BUYING PROTOCOL

Do you want to buy a property in Spain?
In this case, you will surely want the ideal home for you, your family, appropriate to your economic capacity and lifestyle. That task, and having the necessary money to execute it, corresponds only to you.

However, lack of knowledge of the customs, language and the Spanish legal system can occasionally make it very difficult to make the best and most appropriate choice. And that is where we come in. Guided by our methodical and transparent investigation and confirmation protocol, we guarantee that you will have the right information to make the right decision at every step you take to move forward in the process.

 

I. PRELIMINARY STEPS IN PREPARING YOUR PURCHASE

 

1 GRANTING OF POWER OF ATTORNEY BEFORE A NOTARY, IN THE UNITED KINGDOM OR IN SPAIN
Granting a power of attorney, special or general, is a matter of great importance. Obviously, it implies granting and depositing total trust in the person to whom it is granted. We will explain the practical advantages for you of granting us a power of attorney, in order to provide you with a better service both in the current specific purchase operation and in future real estate operations. Essentially, with the general power of attorney we will be able to take care of all the paperwork on your behalf, saving you repeated travel expenses.
If you are in Spain when you entrust us with the matter professionally, we will be able to prepare it in a Spanish notary’s office. If you are in the UK, we will prepare the Power of Attorney in both Spanish and English and arrange for a Notary in your city near you to make an appointment for you to sign, and for him to arrange for the Apostille.

2 FOREIGNER’S IDENTITY NUMBER
The NIE is a tax identification number that is required before any transaction can be made in Spain. You can apply for it in the United Kingdom, through the Spanish consulate, or in Spain, at the police station. If we have a power of attorney, we can do everything on your behalf.

3 OPENING A BANK ACCOUNT IN A SPANISH FINANCIAL INSTITUTION.
You will need a Spanish bank account to purchase a property. It is not essential at the outset, but in practice you will need a Spanish bank account to pay taxes and supplies on the property in the future.
The only procedure that we will not be able to do for you is the opening, since the banking legislation requires the banks to “know your client”, and this implies that they know you personally. From that moment on, we will be able to manage the account for you.

 

4 EXAMINATION OF ALL DOCUMENTATION RELATED TO THE PROPERTY
We will carry out a comprehensive and exhaustive examination of all the property documents, checking every detail, verifying the legality of all the existing constructions on the plot, by obtaining a town planning certificate issued by the town hall, and the absence of embargoes, mortgages, charges, limitations and easements, to ensure that you have no complications either in the execution of the purchase or in the future, thus guaranteeing the protection of your economic interests and your peace of mind.

5 PRIVATE CONTRACT OF SALE
Once the property has been chosen, and the price agreed with the seller, we will contact him or his legal advisor to prepare the private contract, which must reflect the essential conditions of the operation. When you are ready, we will explain the conditions and agreements reached with the seller. You will review it for comments and suggestions for changes or improvements, and if it is to your satisfaction. If everything is satisfactory, the private contract will be signed, a document of fundamental importance for the development of the next phase.

II. OBTAINING THE TITLE AND DOCUMENT MANAGEMENT

1  COMPLETION OF PURCHASE
With the good development of the private contract, we arrive at the date scheduled for the signing of the Public Deed of Sale before the Notary. We take care of preparing the draft document and delivering it, together with all the complementary documentation and official certificates, to the Notary. The services of the Notary will prepare the final document, which will be ready for signature on the day and at the time scheduled by both parties.
You may wish to appear at the signing in person, due to the importance of the moment, or you may wish to entrust us with the execution, under our responsibility, of this final phase. In this case, we will take care of preparing the bank cheques or money transfers necessary to fulfil the payment of the price, notary fees, registry fees and taxes for the acquisition of the property. We will retain the amounts we have ascertained as outstanding from the seller. And we will take the economic guarantees to fulfill any previous conditions that are pending compliance.
We will check the deeds at the notary and sign on your behalf. The Notary will check the identities of the parties appearing at the signing, buyer and seller, and proxies if applicable, the description of the property, method of payment and other applicable legal conditions. It is not necessary for you to be present but, of course, we can arrange for you to accompany us if you wish.
From this moment on, you are the owner. Congratulations!
2. PAYMENT OF TRANSFER AND WITHHOLDING TAX TO THE NON-RESIDENT SELLER
However, there are still steps to be taken. You have to pay taxes for the purchase, pay the seller’s taxes in case he is not a resident (and that we will have discounted from the price). We will prepare the official forms, take care of the payment of the taxes directly into your bank account and present them to the tax office, for verification and checking.
With the power of attorney, copy of the title deed and certificate of your bank account, we will communicate the change of ownership to the tax collection services of the Town Hall, so that in the future they will charge the Real Estate Tax and the Garbage Collection Service to you.
We have one month to do this, but usually complete it in 5 days.

3 REGISTRATION DEEDS WITH THE LAND REGISTRY
Once the property has been purchased, we will record the deeds in your name to prove that you are the new legal owner of the property.

III. LEGAL FORMALITIES AFTER YOUR PURCHASE

1 BASIC SUPPLIES
Again, using the power of attorney, we will ensure that water, electricity, gas and telephone supplies are passed into your name and that receipts from your purchase are debited from your bank account.
We will also notify the community of owners of your development, if it is operational,
Do you need us to help you in more details, such as locating an electrician, plumber, painter, TV technician, internet, gardener or cleaning staff? You only have to say, we know the ones who work well.

2 ANNUAL TAXES
Being the owner of a property in Spain, you should inform yourself about the tax obligations you have to fulfil in Spain.
If you are going to use the property personally and exclusively, it has some simple tax consequences. If you are going to use it for tourist rental, you must be careful to comply with a strict tax control.

3 SPANISH WILL
It is always advisable to make a Spanish will, for the properties and rights that you have in Spain in case you die unexpectedly, because it will simplify the procedures a lot and save costs to your relatives. The moment when all the purchase procedures have been satisfactorily fulfilled is a very appropriate moment to think about who or who is going to inherit you, and in what conditions. If you decide to do so, you can count on our advice and service.

WE ALSO HAVE THE BEST PROTOCOL FOR THE SALE OF PROPERTIES. USE IT .

When the time has come to sell, you have to prepare yourself to do it well. It is convenient to verify all the documentation, to be in optimal position to negotiate. Before signing a contract of sale of your house, you must confirm that you will be able to fulfill it, because the opposite can suppose serious economic consequences. This requires careful, detailed and expert examination. If you have purchased from another lawyer, it is compulsory to undertake a full verification of your title and documentation.

I. PRELIMINARY STEPS IN PREPARING YOUR SALE. PREPARATION OF THE DOCUMENTATION PACKAGE

1 GRANTING OF POWER OF ATTORNEY BEFORE A NOTARY, IN THE UNITED KINGDOM OR IN SPAIN
Granting a power of attorney, special or general, is a matter of great importance. Obviously, it implies granting and depositing total trust in the person to whom it is granted. We will explain to you the practical advantages of having a power of attorney for you, in order to be able to provide you with a better service both in the current concrete sales transaction -special powers of attorney- and in the future. Essentially, with the general power of attorney we will be able to handle all the formalities of the sale on your behalf, saving you repeated travel expenses.
If you are resident in Spain at the time of the sale, this step is not strictly necessary, but it is convenient. If you are a new customer, we recommend that you grant us this power of attorney, although with limited functions, such as requesting a tax refund
If you are in Spain when we take care of the matter professionally, we will be able to prepare it in a Spanish Notary. If you are in the UK, we will prepare the Power of Attorney in Spanish and English and arrange for a Notary in your city to arrange a meeting with you to sign the Power of Attorney and for him to obtain the Apostille.
2 LICENSES AND CERTIFICATES
We will request on your behalf the certificate of no debt to the Community of Owners, the Certificate of Energy Efficiency.
3 TAXATION, CHARGES AND SUPPLIES.
We will check that all local taxes are up to date. Better to have it up to date than to have to suffer a higher withholding by the buyer.
If you have a mortgage on the property that you are preparing to sell, we will ask your bank to determine the exact amount pending as of the date of the notarial deed, and we will coordinate with the local bank office to send a proxy to sign the cancellation of the mortgage simultaneously with the sale, as generally the buyer will want to acquire the property free of liens and encumbrances.
We will also check the contracts and last receipts of the supplies of the house, and we will take note of the pending consumptions, so that the buyer does not need to retain more than the fair amount for this concept.
4. PRIVATE CONTRACT OF SALE
Once the property has been chosen, and the price agreed with the seller, we will contact him or his legal advisor to prepare the private contract, which must reflect the essential conditions of the operation. When you are ready, we will explain the conditions and agreements reached with the seller. You will review it for comments and suggestions for changes or improvements, and if it is to your satisfaction. If everything is satisfactory, the private contract will be signed, a document of fundamental importance for the development of the next phase.

II. GRANTING OF TITLE TO THE BUYER AND DOCUMENT MANAGEMENT

With the good development of the private contract, we arrive at the date scheduled for the signing of the Public Deed of Sale before the Notary. We take care of preparing the draft document and delivering it, together with all the complementary documentation and official certificates, to the Notary. The services of the Notary will prepare the final document, which will be ready for signature on the day and at the time scheduled by both parties.
You may wish to appear at the signing in person, due to the importance of the moment, or you may wish to entrust us with the execution, under our responsibility, of this final phase. In this case, we will take care of checking the bank cheques or transfers for the payment of the price, notary fees, registry fees and taxes for the acquisition of the property. We will retain the amounts we have ascertained as outstanding from the seller. And we will take the financial guarantees to fulfil any outstanding conditions.
We will check the deeds at the notary and sign on your behalf. The Notary will verify the identities of the parties appearing at the signing, buyer and seller, and proxies if applicable, the description of the property, method of payment and other applicable legal conditions. It is not necessary for you to be present but, of course, we can arrange for you to accompany us if you wish.
If you are present, you will take possession of the bank cheques, and will personally take care of your destination. However, if for any reason you are not able to be present, having a power of attorney, we will arrange for the money to be paid into your account and then transfer the money to your bank account in the UK or any other destination of your choice.

III. LEGAL ARRANGEMENTS AFTER SALE

1 BASIC SUPPLIES
Again, using the power of attorney, we will ensure that water, electricity, gas and telephone supplies are passed into your name and that receipts from your purchase are debited from your bank account.
We will also notify the community of owners of your development, if it is operational,
Do you need us to help you in more details, like locating an electrician, plumber, painter, TV technician, internet, gardener or cleaning staff? You only have to say, we know the ones who work well.
2 PAYMENT OF LOCAL CAPITAL GAINS TAX
In the case of real estate sales, only the so-called “municipal capital gains” tax, actually called the municipal tax on the increase in value of land of an urban nature, is payable. If you sell with the fiscal condition of non-resident in Spain, the buyer will have retained the exact amount, discounting it from the price, and will take care of the payment, because if you do not do so, the property you have acquired will be responsible for its payment.
If you have not experienced any profit between the purchase and sale, you are entitled to a full refund. In this case, we will ask the buyer to provide us with proof of payment of the tax, and we will initiate the claim file.

3 CLAIMING THE 3% WITHHOLDING TAX FOR TAX REASONS
We will claim the 3% withheld within one week of the buyer giving us a copy of the proof of payment, for which he has one month, and we have 3 months from that moment.
4 CANCELLATIONS OF DIRECT DEBITS AND CLOSURE OF THE BANK ACCOUNT
We close your bank accounts if you are no longer going to be of use.
We cancel all direct debits for payment of household supplies.

Phone

609477889

Email

abogados@bertomeu.eu

Office

 Dr Calatayud 39  Moraira

Hours

Monday-Friday:
09:30am – 15:00pm

 

You don’t always have the time or desire to go down to the village to deal with your lawyer. Or you, perhaps, are not feeling well. Or you simply do not have a car, or someone who can accompany you. In these cases, and similar ones, you can count on our home assistance. Just give us a call. Or, better still, send an email, providing your personal contact details and briefly stating your case; we will contact you within 24 hours to arrange an appointment at your home.

You don’t have to  break the Bank

Our goal is to combine the use of technology with traditional standards of service and personal attention. We will always assign you an appointment in the shortest possible time, normally within 24 hours, and we can attend to you, at your choice, either personally or by video conference.

We provide a tailor-made service at a reasonable price. We will inform you at the outset of any matter of what our legal fees will be.Our fees will only change in certain limited circumstances and only after consultation with you. There will be no surprises.

Call or email for a Fee Estimate

 We provide a tailor-made service at a reasonable price. We will inform you at the outset of any matter of what our legal fees will be.Our fees will only change in certain limited circumstances and only after consultation with you. There will be no surprises.

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