My brother married to a polish citizen is living in Spain for more than one and half year. When can he apply for nationality?

In order that any non Spanish national becomes a Spanish national they must reside in Spain for a period of ten years minimum (there are a few exceptions like oficial refugees or nationals of Spanish South America, Andorra, Philippines, Republic of Equatorial Guiena, Portugal, Sephardies…all of them needing a term of five year’s residence).
There are other exceptions (needing one year’s term) for other persons such as the ones who have born in Spain, people married to a Spanish national, etc, etc.
Therefore, in your case, and with the details you mentioned, you cannot at this time apply for the Spanish nationality.

What is an Escritura? (2005-06-23 )

In Spain “Escritura” or “Escritura Pública” means Deed or legal written document signed, sealed, witnessed and recorded by a notary public. A Deed related to any form of real estate transaction is normally submitted to the Land Registry for its registration.

What taxes must I pay in Spain as a non resident individual property owner? (2010-01-01)

Non-resident individuals owning real estate properties in Spain have the obligation to declare and pay the following taxes every year:

1. Land Rate tax (or I.B.I. ) , yearly payable to the municipality. It is based on the valor catastral (officially rated value) of each property and can vary broadly from town to town.
2. Property owners’ attributed income tax. Also a yearly tax. Non residents pay two percent of the “valor catastral”, a officially rated value, of their property attributed to them as a sort of made-up income. In case the property rated value has been recently raised property owners pay 1.1 percent.

What does I.B.I. stand for in Spanish real estate assets? (2007-04-17)

IBI, or Impuesto de Bienes Inmuebles, means the municipal real estate tax. This tax is charged annually by the municipality. Every IBI receipt shows the real estate property’s cadastral reference number (important for several other tax declarations) as well as the official assessed value of such property.

What taxes and expenses must I pay when I purchase a real estate property in Spain?

There are two taxes and two expenses that must be paid:

TAXES
- Transfer tax: In Spanish it is known as Impuesto de Transmisiones Patrimoniales (ITP), and in Andalucía is a 7% of the declared purchase’s price  for properties having a value below € 400,000 (8% in case they are over that value, applicable to the amount exceeding  such figure) . Only in case you buy a new property from the developer you do not pay ITP but you pay IVA (Value Added Tax) which is nowadays 8% of the declared purchase’s price and in addition to IVA you pay a Stamp duty Tax of 1% (applicable in Andalucía as well).
- Plusvalía Tax: it is a municipal tax also known in Spanish as Arbitrio Municipal sobre el Incremento del Valor de los Terrenos, but people prefer to call it Plusvalía for short. Its amount can vary and it is based on the increase in the value of the land where the property is located calculated from the date the last sale took place. Therefore it is a seller’s tax, and you must be aware of this since there is a widely spread customary formula by means of which the sellers make that the buyers agree to pay this tax, and once agreed, the buyers cannot claim any reimbursement. In order to know the exact amount that corresponds to any purchase’s plusvalía tax, you can simply ask it at the municipal tax office in your town.

EXPENSES
- Notary fees. These are fixed fees based on an official scale.
- Property Registry fees: also fixed fees based on an official scale.

(updated on January 2011)

What is a “nota simple” according to the Spanish real estate system?

It is a digest of the property’s record into the Property Registry books, which will incorporate a mention to any mortgages or several other charges pending on the property as well as the true owner’s identity.

Does the owner of a plot need to declare the existence of a new building on it and register it at the Spanish Property Registry?

Declaring and registering a new building at the Property Registry in Spain is not a legally demandable action since for constructions as well as in general for several other real-estate transactions the rule is of voluntary registration. However, as for the case of registration of several other actions at the Property Registry, it is normally advisable, or even necessary, to do it when owners face a transmission, external financing or other transactions such as subdivision of the built area (2009-07-01)

I bought a house in Spain and later I found out it had hidden defects; can I legally claim my money back?

Yes, you can. But only in case the hidden defects existed by the time the sale took place and they are substantial defects (not unimportant, or small ones). The term you have to claim your money back is 6 months after the sale’s completion date. (2009-07-02)

Does Spanish Law regulate the conditions of the Probate of a non-Spanish person in cases of Probates related to assets situated in Spain? (2006-05-21)

The answer is no in what refers to the relevant and substantial legal aspects of the Probate. The Spanish Civil Code (Código Civil) indicates that the national Law of each person at the time of their death will be the one legally governing their inheritance. Only some external formalities and procedures, including taxation if any, will take part in cases of assets situated in Spanish territories.

Is it legal in Spain for the landlord to let a home property without asking for a guarantee deposit?

No it is not. The Law establishes that the deposit will be an obligatory exigency and benefit for both parties, landlord and tenant, respectively.