Property lawyer in Spain.
Spanish Law 4/2013 4th June, measures for flexibility and development of the rental property market.
In order to obtain a balance between the needs of lease of properties and the necessary guarantees for the landlord, in order to put properties at the rental market, the Law carries out a series of amendments on the following relevant matters
1º) Priority is given to the will of the parties.
2º) This Spanish Law reduces the duration of the mandatory extension from five to three years and from three to one year in the tacit extension. Although the term of the lease will be agreed by the parties, when the contract is for a period of less than three years, it will be extended by law for annual periods until it reaches a minimum duration of three years.
3º) The recovery of the property by the owner to be used as permanent home. In this case it would not be applicable the mentioned compulsory extension if, after the first year, the landlord informs the tenant about his need to use the property as permanent house.
4º) The withdrawal from the Spanish contract by the tenant. The tenant may withdraw after six months and by notification to the owner with a least thirty days in advance. The parties may agree in the contract a compensation for the landlord.
5º) Sale of a rented property in Spain. The purchaser of a property registered at the Land Registry will only be subrogated in the rights and obligations of the landlord when the rental agreement is registered at the Land Registry, not being damaged the buyer, by a lease not registered.
6º) Update of the rent income. Income will be updated each year of the contract under the terms agreed by the parties. In the absence of express agreement, the rent will be updated on the basis of the general index system of consumer price.
If you wish to obtain additional information about the lease of your property in Spain or to review your rent contract, please contact us. At Arcos & Lamers Asociados a professional will provide the necessary advice on the granting of your contract and will inform you in all your rights in Spain. Arcos & Lamers Asociados, your property lawyers in Spain, registered accountants (economists) in Marbella, Málaga, Spain.
Through the signing of a professional lease contract, your rights will be protected.
María Teresa Arcos, lawyer in Marbella
Wim Lamers, registered accountant (economist) in Marbella
Marbella, September 2013.
]]>
IMMIGRATION LAWYER IN MARBELLA
We comments for practical purposes the Instruction of 5th July 2013, of the Directorate General of Registries and Notaries, on certain aspects of the intensive plan for files of acquisition of Spanish nationality by residence.
This Instruction of 5th July 2013 complements and completes the Instructions of 26th July 2007 and 2nd October 2012 of the same organism, approved in order to improve and standardize the files of acquisition of Spanish nationality by residence, streamline the procedure, facilitate citizens and ensure the rights of children when they are interested in the procedure.
This Instruction of 5th July 2013, articulates the appearance before the Spanish Notary of those applicants and promoters of Spanish nationality proceeding, in order to grant in the corresponding Notarised document, the statements to take on oath o promise the loyalty to His Majesty the King of Spain, obedience to the Constitution and Spanish laws, renunciation to previous nationality, civil neighbourhood and determination of full names adapted to Spanish language.
The Spanish Notary authorises this notarised document for free, for which the notary can access to the data and documents required for granting the same.
The Notaries will grant the notarised document, forming an electronic document which includes both, the structured data and the electronic copy of the same, all authorized with the electronic signature certificate of the Notary.
In cases of minors applicants and over 14 years old, require the attendance of the promoter, accompanied by their parents or legal representatives, containing the same manifestations as in the case of adults.
Applicants minors of 14 years old, simply the appearance of the parents or legal representatives not being necessary to include the oath or promise of fidelity and obedience, or renounce to previous nationality, being sufficient the manifestation of to accept on behalf of the child the nationality granted and the registration in the Civil Registry.
These Notarised documents are incorporated to the electronic file and forwarded through a telematic system to the Directorate General of Registries and Notaries.
No doubt that this Notary intervention will suppose -or at least, this is the intention- streamlining procedures in granting the Spanish nationality.
If you are not a national but living in Spain, want to apply for Spanish nationality, please contact our law firm ARCOS Y LAMERS ASOCIADOS, your emigration lawyer in Marbella.
Féliz Ruiz, lawyer in Marbella,
Marbella, September, 2013.
]]>
POINTS TO KEEP IN MIND FOR YOUR OWN SAFETY
Lawyer in Spain
If you are the owner of a property in Spain, you should confirm whether the property is duly registered in your name at the corresponding Land Registry.
At the Spanish Land Registry you can find out the following fundamental aspects of your property:
1.- That the property is duly registered in your name.
2.- Description of the Spanish property, surface and quota in the community of owners. This quota will determine your contribution to the community and payment of your community fees.
3.- .Possible existing charges on the property, such as mortgage or embargo.
The Spanish property should also be registered at the Cadastral Office for rates purposes, which will regulate your payment of IBI. This will prevent the surprise of finding pending IBI bills due to the non knowledge.
The property must have the corresponding license of first occupation granted by the Council of the municipality in which the property is located. This license will indicate that the construction has been built according to the granted building licence to the promoter, the project submitted by the architect and urban planning regulations.
If you wish to obtain a report on the points mentioned, please do not hesitate to contact this leading law firm in Marbella.
Gain peace of mind knowing that your home is registered in your name and without any charges or IBI debts.
María Teresa Arcos, lawyer in Spain
Wim Lamers, registered accountant (economist) in Spain
Marbella, August, 2013.
]]>
By Félix Ruiz, property lawyer in Spain informing on new Spanish Law.
With effect from 28th June 2013, the “ Spanish Law 8/2013 June 26 concerning rehabilitation, regeneration and urban renewal” has been approved, which is primarily aimed at the improvement of the energy efficiency of the “Spanish building stock”.
One of the main elements to mark about the new law is the called “Building Evaluation Form” (Informe de Evaluación de Edificios, IEE), which would a supplement to the not so old “technical inspection of buildings” (Inspección técnica de edificios, ITE).
The IEE is regulated under Title I of the new Spanish law and the main point to take into account are the following ones:
1. The IEE will identify the Spanish property, with its cadastral reference and shall contain in detail:
a) The evaluation of the conservation status of the building.
b) The assessments of the essential conditions for the accessibility and non-discrimination of those people with disabilities to access and use of the building, establishing whether the building is capable or not of reasonable accommodation.
c) The certification of building energy efficiency, with the content and by the procedure ruled by the applicable regulations (see our blogs on Certification part one and part two).
Many times we will find that by the regional or municipal regulations, there is already a “technical inspection of buildings” (Inspección técnica de edificios, ITE), where is contemplated points a) and b) above, therefore in these cases, only the certification referred in letter c) should be obtained.
2. This Spanish new law provides certain deadlines to dispose of that IEE, being:
a) Buildings of collective housing residential typology older than 50 years, the maximum term of five years from the date on which they reach that age, unless they already have a technical inspection in force.
b) Buildings whose owners intend to benefit for public subventions in order to undertake conservation works, universal accessibility or energy efficiency, prior to the execution of the corresponding application for these subventions.
c) The rest of the buildings, when so determined by regional or municipal regulations, which may establish application specialties of the mentioned IEE, depending on their location, age, type or predominant use.
3. When the IEE is made on behalf of the community or group of communities that refer to an entire building or building complex, will extend its effectiveness to all existing buildings and dwellings.
4. The IEE will have a periodicity of ten years, although the regions and municipalities may set a lower frequency.
5. The breach of duty to complete on time and form the IEE, will be considered urban infraction.
6. Acopy of that IEE must be submitted to the Public Organism that determines each region, so that this information is part of a integrated and sole registry.
7. Finally, and in order to not extend longer and alter the purely informative nature of our blogs, to say that the IEE will be signed by qualified competent technician , ie those who are in possession of any of the academic and professional qualifications for drawing up building projects and execution management of building works.
Please do not hesitate to contact the English speaking Spanish lawyers and accountants in Marbella of Arcos & Lamers Asociados, lawyers in Spain and tax advisors inMarbella, we have an expert team ready to answer your questions and to provide legal and fiscal advice in Spain.
Approach the multilingual Spanish property lawyers of Arcos & Lamers Asociados for any legal, tax, labour and company advice you may need!.
Félix Ruiz, Lawyer in Spain
Marbella, August, 2013.
]]>
Lawyer in Marbella, Ms. María Teresa Arcos is providing you additional information on the new implemented Spanish energy certification.
As already mentioned in a previouse post , in the event that you wish to sell or to rent your property in Spain, please note that you need to obtain an energy label which states the efficiency on energy level of your property.
This obligation is imposed by the regulation Real Decreto 235/2013 of 5th April, which states that when a property is built, sold or rented, buildings or units on the same, the owner has to show to the purchaser or tenant, original or copy of the Certification on energy efficiency, for those sale contracts or rental agreements granted after the 1st of June 2013.
The certificate will have a maximum validity of ten years.
By obtaining the certificate, the owner will have the right to use the energy label. This energy label is to be included in every offer, promotion or publicity towards the sale or rental of your property.
As owner of your property in Spain, in case of sale or rental, you have the obligation to obtain the mentioned efficiency on energy certificate, and to show the energy label on any publicity or offer for the sale or rental of your property.
When the property is to be sold, the certificate will have to be handed over to the purchaser. In case of rental, a copy of the certificate will be sufficient for the tennant.
When is this certificate required?
a) For new constructed buildings.
b) Buildings or apartments in the buildings to be sold or rented, when the certificate is not in place.
c) Buildings with a useful built area over 250 m2., used by public authorities and open to the public.
In the event that you need to obtain the certificate on energy efficiency for your property do not hesitate to contact us. The specialized property lawyers ofArcos & Lamers Asociados will assist you in obtaining the certificate so you may proceed with the sale or renting of your property in Spain.
María Teresa Arcos, lawyer in Spain
Wim Lamers, economist in Spain.
]]>
Litigation law firm in Spain.
In a previous blog we talked about the first two chapters of the law 1/2013, of May 14, that entitles measures to strengthen the protection to mortgage debtors (see HERE). This Spanish law was published in the Official Gazette (Boletín official del Estado- B.O.E.) on 15.05.2013.
Arcos and Lamers Asociados, your leading litigation law firm in Spain would like to go deeper this time in two remaining chapters of the above mentioned law that is mentioned measures that affects the Spanish Civil Law (Ley de enjuiciamiento civil) providing additional protection to the borrowers of a mortgage facility in Spain and implementing instructions to the government of Spain to take steps for the creation of a social fund for properties.
Chapter 1 and 2: see HERE.
Chapter 3:
Amendments were made to the Civil Procedure Act (Ley de enjuiciamiento civil) in order to ensure that the execution of the mortgage facility, part of the foreclosure process, protects on a better way the interest of the borrower and with the intention to speed up the legal procedure in Spain.
In particular, as a measure of great relevance, establishing the possibility that the process to recover remaining debt may entitle a donation of the same, providing the compliance with certain payment obligation, if after an execution of a mortgage facility there are still outstanding amounts due.
It lowers the guarantee that one should settled at the court in order to be part of an action from 20 to 5% of the valuation of the property.
This law also doubles the time frame for the bidder of an auction to consign the price of the property among other improvements in the auction procedure.
Chapter 4:
Through this law, the Spanish Government is authorized to undertake the necessary measures to establish a social fund for properties to provide coverage to those who have been displaced from their primary residence for non-payment of a loan.
Feel free to contact with this litigation law firm in Marbella, Arcos & Lamers Asociados for any legal and tax advise you may need.
Are you a borrower of a loan in Spainand you have difficulties to fulfil your liabilities? Are you a lender of a mortgage in Spain and the borrower is not fulfilling his duties? Do you need Spanish legal and/or tax advise? Do not hesitate to contact the litigation lawyers of Arcos & Lamers Asociados for all your legal and tax advise you may need!
Maria Teresa Arcos, lawyer in Marbella
Wim Lamers, registered accountant (economist) in Marbella.
Marbella, July, 2013.
]]>
Inheritance in Spain
Besides our this general web site, our multi-lingual proactive law firm would like to invite you to visit the just launched micro web “Inheritace in Spain” by Arcos & Lamers Asociados.
At this new web we are providing deep going information on the following subjects:
1) Spanish Inheritance procedure.
Here you will find a guideline of the steps to take into account at the legal procedure of an Inheritance in Spain. In addition, information on the Spanish law is provided.
2) Inheritance tax in Spain, examples.
Information on Spanish Inheritance Tax is provided, The provided Inheritance tax scale would be applicable for non tax residents in Spain and may vary in the event that the heirs are fiscal resident in Spain.
3) whether the national or regional law is applicable.
The collection of the Spanish Inheritance tax and the right to produce additional legislation to the National Inheritance law in Spain have been transferred to the different Regional Inland Revenue’s as per law 21/2001 of 27th December. Here you will find the explanations on which law is applicable.
4) information on drafting a Will in Spain, among others.
How to insure your love ones are protected in the event of the death of a relative? Arcos y Lamers Asociados, Spanish law firm settled in Marbella specialized in Spanish Inheritance procedures, recommends in any case, the granting of your Will in Spain before a Spanish Notary relating to your assets located in Spain, since it will mean in the future, a smooth streamlining in the procedure for acceptance and receiving the inheritance in Spain by the appointed heirs.
The English speaking accountants and tax lawyers of this law firm in Spain are always searching to find the best solution for its clients, taking advantage of the newest state of the art technology
Do not hesitate to contact this Spanish law firm for all your Spanish legal and tax enquiries.
María Teresa Arcos, lawyer in Marbella
Wim Lamers, registered accountant (economist) in Spain.
Marbella, July, 2013.
]]>
Litigation lawyer in Marbella.
The multi-lingual Spanish law firm,Arcos & Lamers Asociados, your litigation lawyer in Spain, is pleased to provide additional information on the Spanish Law 1/2013, of May 14, on measures to strengthen the protection to debtors of a mortgage inSpain. This Spanish law was published in the Spanish Official Gazette (Boletín Oficial del Estato- B.O.E) on 05.5.2013.
This law is passed as a result of the exceptional circumstances that Spain is facing, motivated by the economic and financial crisis, creating difficulties to meet with the mortgage liabilities to many people who purchased their home in Spain.
Law 01/2013 consists of four chapters. Although this blog is providing deeper information on the first two.
Chapter 1:
It provides the possibility of immediate suspension and within two years of the evictions of families who are in a particular risk of exclusion.
This measure, exceptionally and temporarily affects all legal procedure of execution of Mortgage facilities or extrajudicial sale foreclosure in the event that the borrower is belonging to certain groups.
Two types of legal requirements should be met in order to apply to the conditions mentioned in this chapter:
A) On the one hand, this chapter will be applicable to large families, single-parent families with two dependent children, those with a child less than three years old where a disabled member or dependent lives.
B) In the borrower of the Spanish mortgage is unemployed and has exhausted the social benefits or, finally, are victims of domestic violence.
Chapter 2:
A limitation appears on default interest rates on mortgage facilities granted on residential homes. The interest on default will be limited to three times the legal interest mentioned and publicised at the law inSpain. Also explicitly prohibits capitalization of these interests, so that the outstanding interest is not generated additional interests.
This law introduces the possibility that the notary can suspend an extrajudicial sale when the parties can prove that it has requested to the corresponding court, as by Article 129 of the Spanish Mortgage Law, to issue resolution that unfair terms do exist in the conditions of the loan.
Feel free to contact this law firm in Marbella,Arcos & Lamers Asociados for consultation and legal tax matters in Spain.
Are you a borrower of a loan in Spain and you have difficulties to fulfil your liabilities? Are you a lender of a mortgage in Spain and the borrower is not fulfilling his duties? Do you need Spanish legal and/or tax advise? Do not hesitate to contact the litigation lawyers of Arcos & Lamers Asociados for all your legal and tax advise you may need!
Maria Teresa Arcos, lawyer in Marbella
Wim Lamers, registered accountant (economist) in Marbella.
Marbella, June, 2013.
]]>
Lawyer in Spain, Mr. Félix Ruiz, is informing you on potential complementary tax settlements.
If you are a purchaser of a property in Spain and agree to a certain price with the vendor, you may receive from the corresponding Spanish Tax Office a “Complementary settlement”, once signed the Purchase and Sale Title Deed. Regional and National Inland Revenue may claim the settlement of the tax according to criteria established by law inSpain. The tax authority is empowered to review the values set by the parties freely.
In Andalucía, the Order of February 13, 2013approves the coefficients applicable to the cadastral values (rateable value) to estimate the real value of properties in order to settle additional bill´s with regards to the transfer tax and stamp duty, inheritance and gift tax inSpainand or the well know Capital Gain Tax. This Spanish law establishes the rules for applying them and the methodology used to obtain valuations on properties in Spain.
Imagine, you as purchaser of an already existing not newly built property in Spain, agree with the vendor a certain purchase price. This price is freely agreed by both parties that for all purposes is a market price, however you need to keep in mind that if that price is lower than that established by the regional law – the so-called tax/fiscal value -, you, the purchaser, will receive in a relatively short time since the signing of the Purchase and Sale Title Deed a “complementary settlement” claiming the difference in transfer tax originally paid, plus legal interest (and remote fines).
Take a practical example that allows you to understand the above:
Purchaser and vendor agree on a price of 100.000,00 euros for an urban property in the Andalusian municipally of Cuevas de Almanzora.
The rateable value of the property in the municipality is 45.000 euros and the multiplier applicable to this town for the year 2013 is 3,60. We find that the fiscal value of this property is of 162.000,00 euros, (45,000 x 3,60).
At the time of the signing of the purchase Title Deed, the Purchaser has paid the transfer tax to 8% over 100,000 euros = transfer tax liability of € 8,000.
Well, please be ensured that the Tax Office of the municipality of Cuevas de Almanzora, will send a “complementary settlement” requiring payment of the transfer tax on a total value of 162,000.00 euros, with a tax to be paid of 12,960 euros, discounting the initially tax of 8,000 euros, plus interest applicable.
The above would also be applicable to Inheritance and Gift Tax inSpainas well as the well known Capital gain tax in Spain.
Before proceeding with the purchase of a property and agree a price with the vendor, keep in mind that there are a number of values that may affect the taxes of the transaction. Do not hesitate to contact the leading multi-lingual law firm,Arcos & Lamers Asociadosfor any tax or legal matter in Spain.
Please do not hesitate to contact the English speaking Spanish lawyers and accountants in Marbella of Arcos & Lamers Asociados, your property lawyers in Spain and tax advisors in Marbella, in the event that you need professional advice regarding the matter proposed in this blog or any other that you may have at the time of selling or purchasing your property in Spain, we have an expert team ready to answer your questions and to provide legal and fiscal advice in Spain.
Arcos & Lamers Asociados, property lawyers in Spain, property lawyers in Marbella, property law firm in Spain, conveyancing lawyers in Spain, Spanish legal advisers.
Approach the English speaking Spanish Lawyers of Arcos & Lamers Asociados for any legal, tax, labour and company advice you may need!.
Félix Ruiz, lawyer in Marbella.
Marbella, June, 2013.
]]>
Welcome to Marbella!
Summer is not far away and with the Grand Opening Parties of Marbella’s famous Beach Clubs the Season 2013 has started.
To plan your holiday perfectly – here are your events.
Golf-Events, Events in Marbella and Puerto Banús, Events at “Ocean Club” (Puerto Banus),Events at “Nikki Beach” (near Beach Club of Hotel “Don Carlos” in Elviria),Events at “Sala Beach Banus” (Puerto Banus),Events in “La Cantera de Nagüles” Marbella, Events in Malága!
Golf-Events
18.05. La Sala Group GolfClassics at Atalaya Old Course .
Events in Marbella and Puerto Banus
30.05. –
02.06. “Luxury Weekend” in Puerto Banus. Fashion shows (fashion, jewelry, cars, boats), special events, exclusive presentations.
10.06. –
16.06. “Feria de San Bernabé” in Marbella
23.06. NochedeSan Juan– Party in more or less every location near the beaches
21.08. Marb Art 2013 Festival
10.10. –
13.10. “Vierdaagse” Walkathon, Dutch walking competition, during 4 days you walk 20-30 km, fun and fitness aspects
Events at “Ocean Club” (Puerto Banus)
Open every day.
Every Saturday: // OC Saturdays! Tunes & Entertainment
Every Sunday: *We are Sundays*
02.06. Champagne Party
30.06. Champagne Party
21.07. La Rocca Fiesta Belga
28.07. Champagne Party
25.08. Champagne Party
28.09. Closing Party Season 2013
Events at “Nikki Beach” (near Beach Club of Hotel “Don Carlos” in Elviria)
Open every day.
Every day beginning with the 1st of July: Moonlight Dinner Experience 20 h
Every Thursday beginning with the 11th of July: Summer Sunset BBQ Nights 20 h
30.05. Grand Opening White Party 19 h
31.05. White Party Recovery Brunch 12 h
01.06. Made in London Part one (DJ´s fromLondon) 13 h
15.06. Cuban Mojito Party 14 h
22.06. Champagner Party Part one14 h
24.06. NochedeSan Juan22 h
28.06. Sintillate at Nikki Night Club 22 h
29.06. Made in London Part two (DJ´s fromLondon) 13 h
04.07. 4th of July Celebration 14 h
05.07. 10th Anniversary Nikki BeachMarbella 22 h
06.07. Champagne& Caviar Party 14 h
11.07. Summer Sunsets (Seafood Special) 20 h
13.07. BrazilParty 14 h
20.07. Yacht Party 14 h
22.07. Full Moon Party 22 h
26.07. Sintillate at Nikki Night Club 22 h
27.07. Ibiza meetsMarbella14 h
03.08. Welcome to St. Tropez 14 h
10.08. Moulin Rouge Dinner Party 21 h
17.08. Champagne Party Part two14 h
21.08. Full Moon Party 22 h
23.08. Sintillate at Nikki Night Club 22 h
31.08. What Woman Want 15 h
29.09. Red Closing Party 14 h
Events at “Sala Beach Banus” (Puerto Banus)
Open every day.
Every Thursday: Limelight Party
Every Friday: Funky Friday Pool Party
29.06. Love Juice Party
27.07. Love Juice Party
24.08. Love Juice Party
Events at “La Sala” (Puerto Banus)
12.06. West End Musicals in concert
19.06. Concert “The Four Tops”
26.06. Concert “ Encore! Tenors & il Divo”
28.06. Concert “The Gipsy Kings” Manolo y Lito
30.08. Concert “The Gipsy Kings” Manolo y Lito
Events in “La Cantera de Nagüles” Marbella
27.07. Concert “Jamie Cullum”
28.07. Concert “Noa”
02.08. Concert “Una noche Movida”
03.08. Concert “Julio Iglesias”
05.08. Concert “Buena VistaSocial Club”
09.08. Concert “Sara Baras”
10.08. 4th Edition of Starlite Gala with Antonio Banderas, Melanie Griffith, Marta Sanchez, Alejandro Sanz etc
11.08. Concert “Alejandro Sanz”
14.08. Concert “Malu”
15.08. Concert “Paco de Lucia”
16.08. Concert / Show “Forever Michael & Withney Tribute”
17.08. Concert “Enrique Iglesias”
21.08. Concert “UB40”
23.08. Musical-Show “Grease” in Concert
24.08. Concert “David Bisbal”
Events in Malága
27.07. “Mark Knopfler” (Dire Straits) in Concert, Bull Ring Málaga
The above mentioned information is provided by Services, Comfort & more who is offering all kind of bespoke services: Airport Pick-up, Event-Reservations, Holiday-Rentals and Apartment-Maintenance, Chauffeur-Services, Babysitter and cleaning services, Gourmet-Tapas -Catering and much more. Don´t hesitate to approach them directly.
Services, Comfort & More
Tel. +34 620 318 480
Fax +34 952 833 461
]]>