Real estate and construction law in Spain

Mariscal Abogados advises on the following themes related to real estate and construction law in Spain:

1) Royalties and legal business on property

i) Acquisition of property

  • Support in the search of property by putting the client on contact with highly qualified collaborators with a relevant presence on the market
  • Due diligence on properties, verification in the Property Registry of the existence of any charges and encumbrances, land registry situation, licenses or any other aspect relative to the property’s legal situation.
  • Drafting, negotiation and/or modification of the private contract and public deeds of sale
  • Representation, if necessary, of the client for the signing of the private contract and of the public deeds.
  •  Assistance for any issues following the signing of the sale/purchase agreement as well as for the registration at the property registry, declaration, if necessary, of the investment before the Economy Ministry as well as any other necessary operation.

ii) Other legal legal business and other issues regarding properties

  • Drafting, negotiating, supervision and following of the leasing, surface rights contracts and any other right in rem such as easements, usufructs and leases.
  • Constitution and/or cancellation of security interests on property, especially mortgages.
  • Negotiating of contracts governing the community of goods, division actions of commonly-owned goods.
  • Acts related to the acquisition or defense of ownership or possession of property.

2) Urban planning and urban development projects

We also offer our clients advice regarding urban planning, especially the possibility of studies regarding the legal viability of real estate operations, urban audits, obtaining permits and licenses and representation before administration in any type of proceedings.

Finally, and regarding urban development projects, Mariscal Abogados offers its clients the possibility of elaborating, negotiating, or supervising and claiming the breach of contract of works or services as well as claiming damages for faulty construction work.