Real Estate Investment

15 Jan My house in Spain was built about ten years ago and has serious construction defects, can I claim the builder? When and in what cases?

1) The responsibility of ten years obliges the builder, or any of the agents that intervened in the work (builder, architect, surveyor, contractor, etc.) and requires the necessary concurrence of two requirements, in such a way that the absence of one of them would impede...

Read More

07 Sep How can I be sure that the value I sell my property for is not potentially subject to an under declaration claim From Spanish Hacienda?

The official valuations of property in Spain are perfectly predictable. There is even official websites like this one where for example, if you indicate your property’s cadastral value and your municipality, it will tell you what the official valuation is. Obviously every lawyer or estate agent...

Read More

28 Jul I have a mortgage with bank for my company-owned house in Spain, can I get compensation for an unlawful “floor clause”

No, you cannot. As a Juridical person (i.e. a Mercantile Company) your company does not have the profile of a consumer according to the law. Consumers or users according to the law are the natural persons who act with a purpose outside their business, commercial...

Read More

11 Jul What is a “cláusula suelo” anyhow and how illegal it is when it is included in a Loan contract

Practically the whole financial sector is subject to trial in front of  the judge in what refers to the controversial “ground clauses, or cláusulas suelo”, that prevented numerous mortgaged Spaniards or Spanish residents to benefit from the strong slope of the interest rates experienced from end of 2008. At...

Read More

28 Oct What happens to the legacy of a Briton who dies being resident in Spain, without a will or with a will that does not establish that British law applies to it?

The inheritance shall be subject to the Spanish legal system, so that two-thirds of the inheritance will be attributed to his descendants, one of them necessarily divided between the sons/daughters equally and without any charge; and another with the possibility of being freely distributed by...

Read More

04 Jun Q: My architect tells me that in Andalusia, I can build a house in the countryside in non-urban areas, just by asking for permission at the local Town Hall (Ayuntamiento). Is it true?

A: This is true, however be careful and be aware of the following particularities: The law of urban planning of Andalusia (LOUA) does not absolutely prohibit building on undeveloped land, but does establish certain limits to preserve the land adjoining or related to urban development. For this...

Read More

14 May Q: My architect tells me that in Andalusia, I can build a house in the countryside in non-urban areas, just by asking for permission at the local Town Hall (Ayuntamiento). Is it true?

A: This is true, however be careful and be aware of the following particularities: The law of urban planning of Andalusia (LOUA) does not absolutely prohibit building on undeveloped land, but does establish certain limits to preserve the land adjoining or related to urban development. For...

Read More

12 Apr The president of our owner’s community says surveillance security cameras cannot be placed outside our house according to Spanish law, is he right?

No, he is not. Video surveillance cameras in buildings owned by community of owners need a formal agreement approved on a general meeting by a majority of 60% of the owners, and such agreement makes the payment of the costs compulsory for everyone. As it...

Read More