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.

We comments for practical purposes the Instruction of 5^th 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 5^th July 2013 complements and completes the Instructions of 26^th July 2007 and 2^nd 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 5^th 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.

With effect from 28^th 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.

Conveyancing lawyers in Spain.

We often find situations in which clients arrives to our office who desire to buy a home in Spain, having paid and signed a “reservation”, “deposit” or “arras” document, a deposit for the purchase of the same, to be followed by document or private purchase contract, that in most cases does not contain the minimum legal requirements.

And sometimes we wonder, why going to the lawyer after paying a reservation of the property and not before?

In most cases, the not-resident purchasers, approach the corresponding Real Estate with their concern -otherwise normal- to lose the property of their dreams if the payment of the reservation is not done immediately, to “take the property out of the market”. However, as indicated, these documents lack in most cases, the minimum legal requirements to be met by any bilateral agreement between purchaser and vendor. Do not forget that the purchase is a contract between two parties and the reservation document should be the first step in that agreement.

It is true that in many cases, the “bargains” are short time in hands of Real Estate Agents, so the astute buyer should reserve them as soon as possible to prevent other potential acquirers. And we know that in those moments of it could be difficult to locate a property lawyer for advise. Do not hesitate to contact our firm as we are conveyancing lawyers and solicitors specialized in Spanish properties transactions.

Therefore, from this post, we would like to state 8 points to take into account at the time of signing a reservation document in Spain:

1. That the reservation contract contains full details of the vendors: full name, address and identity card (ID card, passport, NIE, Residence card ….)

2. It clearly identifies the object of purchase: house, villa, apartment, etc with the appropriate number and address as fully as possible. Also to identify elements attached to the property, such as storage or parking places.

3. Whether the property is transferred furnished, if any, attached to the reservation document an inventory of the furniture.

4. Total price of the sale.

5. Amount of the reservation and that the same will be deducted from the final price.

6. Clarify who assume the costs of the transmission. Generally all expenses and taxes will be paid by the purchaser with the exception of Plusvalia tax that will be paid by the vendor.

7. If the vendor is not present to sign the reservation document, indicate in the contract that the deposit paid shall be retained by the real estate agency until the signing of the Purchase Deed (or until the signing of a private contract with the vendor).

8. That reservation document is subject to study of the property by the purchase´r lawyer to ensure that the property is free of all liens and encumbrances and that complies with planning regulations in the area where the property is locate. Otherwise, the reservation must be returned to the buyers.

Once your reservation document is signed your lawyer in Spain should advise you properly during the process of buying property.

For additional information please click below:

1)      Purchase of a property in Spain guidelines

2)      Taxes and disbursements involved at the time of buying your home in Spain.

3)      Running costs of a Spanish property

4)      Procedure to take into account at the time of the sale.

5)      Taxes involved at the time of the sale.

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 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 July 2013

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.

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.

Social Security

Arcos & Lamers Asociados, Your registered accountant (economist) in Spain informs on part of royal decree 04/2013. This new Spanish law entitles a reduction on social security costs besides the already mentioned reduction on Spanish company tax and income Tax for individuals.

Do you wish to immigrate to Spain? Do you wish to start a company in Spain? Do you already carry out an activity in Spain? Are you self employed or do you have already a Spanish company?

Please kindly bare in mind the below mentioned positive news appearing on legislation regarding social security costs in Spain.

• Among the announced measurements mentioned at Spanish Tax law 04/2013 it is now confirmed a fix payment of 50 Euros for new self-employed who are minor 30 years old. Females should be under 35 years old. This fixed amount would be due for the first six month’s and additional discounts would be applicable for the following 18 month.
• The above mentioned point would be compatible in the case that they are enjoying unemployment benefits with a maximum of 9 month although it is also possible to obtain the full payment in one go for the total right of unemployment that has been built up. As new possibility the same could be invested in Capital of a company in Spain.
• Companies with over 250 employees inSpainwould be seen reduced the corresponding Spanish Social Security costs in a 75% for the first year. Rest of companies could be enjoying a reduction of 100% for hiring non full time, inexperienced employees linked to some type of formation. The mentioned reduction would also be applicable in the event that the employee did previously work in a sector were there is no offers at all or those who were unemployed for over 12  month.
• In addition, companies that have up-to 9 employees would be able to enjoy a reduction of 100% of the corresponding Social Security quotes when they employ an unemployed individual younger than 30 years old full time and with an indefinite contact.
• If a company in Spain would like to apply for one of the reductions previous mentioned they should maintain the number of pre-existing employees excluding those who suffered an appropriate dismissal.
• The measurements will be maintained until the unemployment levels of the Spanish youth falls down to 15%.

Arcos & Lamers Asociadosprovides you with all the necessary Spanish legal and fiscal advice that you may need. We offer an extensive range of overall services in a personalized and specialized manner in order to satisfy our private and institutional clients’ needs.

Law firm, Arcos & Lamers Asociados, is situated in Marbella from where we develop our services throughout Spain. Do not hesitate to contact as all companies need efficient registered accountants.

María Teresa Arcos, Lawyer in Spain.

Wim Lamers, Economist, Registered accountant in Spain.

Marbella April 2013.

Bad Debts

Is your company having cash flow problems due to the delay of payments of your client/s? Invoices have been raised and VAT have been paid to Spanish Inland Revenue although your company has not got paid yet by its client/s?

Sara Duarte, professional English speaking Spanish accountant in Marbella of Arcos & Lamers Asociados is informing you on the way forward!.

At the present time many companies are suffering with Debts from which they are having difficulty to recover.  If this is happening with your Company you will need to now the following:

A debt can be considered a total or partial “Bad Debt” when all the following conditions apply:

1. That a full year has elapsed since the accrual of the output tax without the payment of all or part of the debt having been received.

2. The fact that this has been recorded in the books of the Company.

3. The supplier or recipient of the operation acts as a entrepreneur or professional. If this is not the case, the tax base (amount before vat) should be higher than 300,00 €uros.

4. That the tax payer has claimed the debt through a lawsuit or through a notary requirement.

The amendment should be made within three months following the end of the one year period referred to in condition 1 above and contact should be made with the Tax Agency in the period specified by regulation.

On completion of the reduction in the tax base, this change will not be reversed even if the taxpayer should obtain the total or partial payment of the debt, unless the debtor is not acting in the capacity of an entrepreneur or professional.

Arcos & Lamers Asociados, Your accountant and tax adviser in Spain!. Accountants in Marbella, Málaga, Spain.

Marbella, April, 2013.

The Energy efficiency certificate is regulated by a project of Royal Decree of the Ministry of Industry, Energy and Tourism, and which obliges all the existing buildings, when sold or rented. María Teresa Arcos, tax  lawyer in Marbella, Málaga, Spain has the pleasure to provide you with some additional information with regards to this legal subject in Spain.

This regulation, which comes to Spain from Europe, establishes the obligation to make available to purchasers or users of buildings a certificate of energy efficiency, which should include information on the energy characteristics of the building, in order to promote energy saving and encourage the use of renewable energies.

Therefore, once approved, each property that will be sold or rented in Spain must have a certificate of energy efficiency. This certificate will have a validity of up to ten years, and will give information only on the energy efficiency of the construction, so it does not imply accreditation of the fulfilment of any other enforceable requirement to the same.

The obligation to obtain and keep the certificate corresponds to the owner of the property or the building.

Taking into account the above, after the entry into force of the new legislation, all Spanish property owners who wish to sell or rent their properties must have available for the purchaser or the tenant this certificate, and must be included the label of energy efficiency in any offer, promotion and advertising to sale or to lease the property.

In case of a sale, the energy efficiency certificate will be provided to the purchaser. In case of a lease, it will be sufficient to show the original and produce a simple copy of the mentioned certificate to the tenant.

Arcos & Lamers Asociados, your lawyer in Spain, will keep you informed about any news on this matter as well as on approval of the aforementioned Royal Decree stating this new requirement.

For any legal or fiscal question please do not hesitate to contact this efficient and leading multi-lingual law firm inSpain. In Arcos  & Lamers Asociados we have a professional team, with Lawyers and Tax advisers, with offices in Marbella, Málaga, prepared to answer your inquiries.

Marbella, March, 2013.