I am fiscal tax Resident in Spain and I have sold my habitual residence here; with the monies from this sale I intend to acquire another property but outside of Spain. I understand that if I was to reinvest the monies on a property in Spain I would not have to pay Capital Gain Tax […]
CONVEYANCING: buying, selling, letting, planning permission, etc.
Real estate law in Spain. Buying and Selling a real estate property. Transmissions. Building licences. Large investors.
Purchase, sale, gift a property, drafting and negotiate a good letting contract, update the Land Registry and the Catastro description of a property, apply for the needed building permits, are all important actions that need to be carefully studied in order to guarantee the needs and interests of the client. In our Real estate law in Spain department, we can advise you on these sections.
Purchase of real estate in Spain
When you want to buy a property in Spain, you must be properly advised. It is essential to know the applicable regulations, before deciding to buy a property.
Among the services that we provide as lawyers in White Baos, is the realisation of a legal due diligence on properties.
After which, you will be able to know the legal situation of the property. From the situation in the Land registry, cadastre, planning, etc.
Likewise, legal advice is essential when negotiating the clauses of a sales contract.
Likewise, taking into account the circumstances of the case, it may be interesting to acquire the property personally, or through a company, etc.
There will also be times when the purchase could be subject to different taxes. Thus, we may be more interested in paying VAT or Patrimonial Transmissions, etc.
Due to the importance that the purchase of a property always has, legal advice is essential, to avoid unnecessary risks.
Sale of real estate in Spain
Likewise, when we are going to sell a property in Spain, it is advisable to have expert legal advice.
Thus, when our clients are sellers, their interests are different than when they are buyers. So the negotiation and drafting of the sales contracts, and the mediation contract with the real estate agency, are essential.
Our office can also do a prior due diligence of your property to know its legal situation. And so, put it up for sale in a proper way.
Property transfer in Spain
There are many occasions in which our clients ask us for help to transfer a property.
Sometimes, they want you to transfer the property to a family member, or a friend. In these cases, it is essential to study the circumstances of the specific case. And thus, to be able to determine the most effective way from the legal and tax point of view, to transfer it.
It can be through a donation, a sale, an inheritance, etc.
Our law firm can inform you, about the options and expenses. So you can decide, which is the right way in your case.
In Spain, the regulations that regulate lettings are constantly changed. Knowing the applicable law and its interpretation is essential when negotiating and drafting a letting contract. In order to have our rights protected.
Many clients are unaware that, for example, according to Spanish law, the tenant may have the right to extend the contract up to a minimum duration. All this, even if a different duration has been agreed in the contract. This occurs on letting for properties to be used as a main home.
Our law firm can advise you on your letting contract. Whether you are a landlord or a tenant.
Legal advice for large investors
When it comes to large investors, legal advice is different.
In these cases, a pre legal due diligence of the investment must be carried out.
The constitution and administration of the real estate company.
Optimisation and tax advice on the operation.
Project management, etc.
Our service of real estate law in Spain
As specialist lawyers we can advise you in relation to all these matters, also and especially at the judicial level, in the event of a legal dispute.
If you want expert legal advice on this matter, do not hesitate to contact us.
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Latest Articles and Real Cases Related
In this section we publish legal articles and real court cases of your law firm. Consult your doubts in our database
Dear Sirs, I own a 2.200 square meters urban plot in Benidorm that appears registered at the Land Registry with an area of 1.150 square meters. As in this area of Benidorm the minimum square meters required for a plot is 1000, I would like to update the details in the Land Registry in order […]
Dear White Baos lawyers, We own a property in Calpe, Alicante (Comunidad Valenciana) and do not use it, we mainly let it out short term to expats / British tourists via the internet for days or weeks. We have read somewhere that to let a property in Spain a special license is required, and that […]