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New mortgage law in Spain

The Spanish Congress of Deputies has approved the new mortgage law. After having been ratified by the Senate, the new mortgage law has been published in the Official State Gazette (BOE) in March and will come into force on 16/06/2019. The most important changes are...

Making a Will in Spain is essential

If you, as a foreigner, own a property or any assets in Spain, it is not only advisable to make a testament also in Spain – it is essential! 1. You decide who to leave your assets and property and their amounts, not the Spanish law. 2. It can run concurrent with...

Labelling on food products

As a standard, a label of a food product, by law, must give the following information: The name of the company and its address (producer, packer or seller of the product) List of ingredients including allergens, quantity of certain ingredients Minimum duration or...

Guarantee of products purchased

  The Rights of Consumers in Spain are included in the Constitution, specifically in Article 51, which guarantees the rights of consumers to protect their safety, health and economic interests. It also establishes the obligation of public authorities to provide...

New reductions on Inheritance and Donations Tax

On the 09/04/2019 the Junta de Andalucía approved the reduction of tax on inheritances over the amounts of one million Euros to 1 %. The previous regulation from 1st January 2018, approved to increase the minimum exempt of succession tax from 250,000 € to 1,000,000 €....

Buying a property in Spain

The Spanish property conveyancing system is different to many other countries, so you should seek advice from an independent lawyer who is specialised in real estate and land law and can speak your own language. In Spain, a property purchase is a process that can be...

Reform of Rental Properties Law approved

Property rental agreements are ruled by the Law 29/1994, of November 24, on Urban Leases (“Ley de Arrendamientos Urbanos” (LAU)). Vacation rental contracts have specific regulations and those for use other than housing (commercial premises, garages …) are...

Reform of the Spanish Trademark Law 2019

With the BOE (the Official State Gazette) of December 27, 2018, Royal Decree Law 23/2018 the reform of the current Trademark Law took effect on January 14, 2019, except in some sections that have a specific term of application. In order to allow a correct functioning...

News and changes in holiday rentals

With approval of the Royal Decree 1070/2017, which took effect on January 1, 2019, all persons or entities that have intermediate properties for temporary tourism purposes, will be required to submit an informative statement quarterly. This includes also collaborative...

Maintenance claims in Spain

In Spanish law, maintenance comprises everything that is necessary by way of sustenance, clothing, living accommodation, health and education, which means the basic essentials of a person receiving maintenance. Those obliged to pay maintenance are:          Parents...

Travel Insurance Policies – Do’s and Don’ts

  It is always a good idea, whenever we travel for leisure or for business, to be covered by travel insurance. Travel insurance is designed to cover possible eventualities happening during the trip, like illness, loss of luggage and vehicle breakdown. Travel...

Ban on geo-blocking within the EU

Regulation (EU) 2018/302 addresses unjustified online sales discrimination based on customers’ nationality, place of residence or place of establishment within the internal market. The Regulation entered into force on 22 March 2018 in all EU Member States and...

Non-resident tax and rental income tax in Spain

If you are not a resident in Spain (non-resident) and own urban property, you are subject to Personal Income Tax, Property Tax and local Real Estate Tax. Fiscal representative As a non-resident, you need to appoint a fiscal representative in Spain. Your fiscal...

Consumer Rights in the Travel and Tourism Industry in Spain

The travel and tourism industry is very diverse and offers many different types of services that would be too long to list, however, four main categories can be identified which could give rise to disputes:   Those relating to transport e.g. overbooking, loss of...

Starting a business in Spain

The report “Doing Business 2016” published by The World Bank leaves Spain at rank 86. “Emprende en 3” was an initiative created in January 2014 for shorten the time to start a business to 3 days. The list of town halls enrolled in the program can be found at...

Building or Renovating a Property in Spain – Licencia de Obras

There are strict planning regulations in Spain. Nowadays local administrations enforce these regulations rigorously, certainly a big change from just few years ago. Failure to follow the planning regulations can result in fines. If the modernisation or repair of the...

Tax Considerations 2018

  Tax on Personal Income or “Impuesto sobre la Renta de las Personas Físicas (IRPF)” is a personal, progressive and direct tax on income during a calendar year for individuals residing in Spain, taking into consideration their personal family circumstances. The...

Health Care Spain – Entitlement

Since the law 16/2012 dated 20 April came into force in Spain (Law of urgent measures to ensure the sustainability of the national health system) many things have changed regarding the requirements for accessing the Spanish public health care system.

Pensions in the EU

  In the European Union, there are common rules to manage pension contributions to different countries, making that contributions (even for a short period of time) will not be lost and will contribute to the calculation of your retirement pension.   These...

Bitcoin and cryptocurrencies regulations in Spain (part 2)

It took a few years for fiscal authorities all over the world to realise the existence of cryptocurrencies which led to individual EU governments adopting different national legislation to regulate the trading, exchange and mining of cryptocurrencies. This resulted in...

Acquiring Spanish Nationality

There are different ways to acquire Spanish Nationality and these include: Spain is your country of origin if: One of your parents is Spanish If you were born in Spain and although your parents are foreigners at least one of them was born in Spain (except for...

Municipal plusvalia claims

On the 16th February 2017, The Spanish Constitutional Court (TC) declared unconstitutional, null and void, several articles of the statutory rule in the Province of Guipúzcoa, regarding the Tax on the Increase of the Value of Urban Land (known as ‘municipal...

Squatters

In Spain, there are nearly 4 million empty properties. 70% of them are second residences, while the remaining are properties for sale, semi-finished properties that were not completed (missing first occupation license or the promoter went out of business), in many...

Getting married in Spain

Foreigners can be married in Spain, in a civil or religious ceremony, provided that one of them is either a resident or registered in the municipality (empadronado) where they wish to be married. It is sometimes permitted for a couple to be married even though neither...

Changes in the regulations Inheritance tax in Andalusia 2016-2017

The amount of inheritance tax paid in Andalucía differs from other autonomous regions, such as Madrid, Catalonia, Valencia or the Balearics. The Decree-Law 4/2016, of July 26th, on urgent measures relating to the Inheritance and Donation Tax in Andalusia brings...

Catastro, cadastral value and the implication of the revision 2016

The cadastre office is an administrative register belonging to the tax office department (Ministerio de Economia y Hacienda) which is used as an inventory of real estate in Spain and contains information regarding the tax value of the properties inscribed.It also...

What is a First Occupation licence?

A first occupation licence is a very important document and purchasing brand new properties without it might have serious consequences. When a builder completes a construction for residential use, the Spanish legislation forces the owner to ask the town hall a First...

Social-Security Aid for Pregnancy in Spain

Pregnant women, resident in Spain and registered in the Spanish social security, are entitled to a series of benefits depending on their particular situation. There are also additional benefits depending on the autonomous community in which you are resident.

Purchasing Property in Spain

The first step is to request a Nota Simple from the Land Registry (Registro de la Propiedad in Spanish). A Nota Simple is a standardised report describing the property in all its aspects, including:

Building or Renovating Property

There are strict planning regulations in Spain. Nowadays, local administrations enforce these regulations rigorously; certainly a big change from just few years ago. Failure to follow the planning regulations can result in fines. If the modernisation or repair of the building requires making external alterations, such as erecting external walls, installing larger windows or new doorways, you need planning permission and a building license from the local town hall. This is called in Spain “Licencia de Obra” (works license).

New Law on Citizen Security

This is one of the most controversial laws of the last 10 years. It came into force on the 1st July 2015 under the general condemnation of the opposition parties.

Capital-Gain Tax for Non-Residents in 2015 & 2016

The introduction of law 26/2014 of the 27 of November changed dramatically the way Capital-Gain Tax from the sale of an unmovable asset (a property) is calculated. This law entered in application from the 1st January 2015 end will set a roadmap for the next few years.

Disputes between Neighbours

Interactions with neighbours are sometimes difficult. Statistics show that at least 2 in 3 Spanish households have had past conflicts with a neighbour. Sources of conflict can be comprised of unpaid, community-owners’ fees, noise & disturbances created by pets, occupation of parking spaces, foul odours and water leaking from balconies. In rural land, the most common disputes come from right of ways and settlements over plot boundaries.

Crowd funding legislation in Spain

Crowdfunding is a financing model that is rapidly gaining momentum all over the world. It works by collecting monetary contributions from a large number of people through an internet platform, with the objective to finance a project or a venture.

Ownership of Firearms in Spain

The Legislation on the use and ownership of firearms in Spain is probably one of the most restrictive in Europe. This is included in the Spanish constitution under article 149.26 where it is said that the Spanish government has exclusive competence control over production, sale, possession and use of firearms and explosives.