Squatters
During the confinement due to the Covid-19 pandemic, cases of illegal occupations in homes owned by individuals and companies have increased significantly. The squatters, in many cases, are mafias that extort money from the owners, who pay high sums...“Ley de Costas” – The Coastal Law
Back in the early eighties, the need to protect the Spanish coastline from an overly aggressive building industry pushed the Spanish government to launch a series of measures intended to regulate constructions on the seafront. The result was an amendment of law...Rental properties in communities of owners
Renting a property in a community as a holiday apartment can cause a lot of inconvenience to the neighbours. Especially in buildings in which most apartments are used as residential housing, short-term rentals can be disturbing for the neighbourhood, due to the...Holiday rental regulations in Andalusia
The decree on Holiday rental regulations in Andalusia defines in article 3, the context of its application. If a dwelling is located in Andalusia and is in urban land for residential use, and accommodation is offered for a price, on a “regular base”, (by channels...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...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...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...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...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...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...Properties outside the management plan “viviendas fuera de ordenación”
When you buy a property you have to be aware of a situation that affects hundreds of thousands of houses in Spain. These are properties that are considered “outside the property management plan” (in Spanish “viviendas fuera de ordenación”). Properties are in this...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).
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.
Holiday Rentals in Andalusia
Many UK newspapers incorrectly reported that there was a ban on holiday rentals for property owned by private individuals. This is absolutely not true as the objective of these changes is not to protect the interests of the Hostelry Sector, but simply to set minimum quality standards that will make the whole tourism industry more competitive.
The 2013 update of the “ley de costas” Coastal law
This law affects the prime locations for the tourist and building industry, with obvious impact on economic interests. On one hand the new law is accused of legalizing illegal properties that eventually would have been demolished and on the other hand it clarifies the fate of entire areas that were in a judicial limbo
Defects in a newly purchased property
It’s not uncommon that after purchasing a property, a new buyer finds concealed defects that seriously affect the value or the usage of the property. For example this could be a leaking swimming pool or more serious, a structural problem which compromises the stability of the building.
Do You Have a Spanish Tracker Mortgage?
In the UK the principle of a tracker mortgage is that it tracks the Bank of England base rate. Now, with an historical low Euribor of 0.15% anyone with such a mortgage should feel lucky, but perhaps due to the inclusion of a clause in the terms and conditions, you are not achieving the maximum savings.
Luxembourg EU justice court and Spanish mortgage law
On March 14th 2013, the Luxembourg Court of Justice of the European Union ruled against the present Spanish mortgage laws and will force Spain to adapt the present legislation governing evictions and foreclosures to EU directives. The slowly recovering Spanish economic situation and unemployment (now at 22.2%) continues to make it difficult for homeowners to meet mortgage payments and consequently the number of property foreclosures increased sharply from 2008 when the real estate bubble busted.
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