Real estate law governs property transactions of immovable goods and rights that exist over them: sale of properties and real estate companies, leasing, etc. Construction law governs construction, regional planning and land use and it also governs the powers and obligations of land owners.

horizontal property

The horizontal property regime in Spain: condominium

The horizontal property regime, the equivalent of the condominium in English, is established per se by the partition of a building or a housing development among several owners. However, its constitution through a master deed and its regulation by statutes or internal rules allows considering the particular needs of each homeowners association.

The deposit contract in real estate transactions

The deposit contract in real estate transactions in Spain

A valid deposit contract for both parties must include, amongst other items: the conditions of sale (namely, price, means and conditions of payment, conditions of the property – physical, registry and administrative), and distribution of the expenses and financial obligations derived from the transaction.

Capital Gains Tax Spain

Important changes to the Capital Gains Tax in Spain

The Royal Decree-Law 26/2021 incorporates new rules to address the treatment of the Capital Gains Tax in Spain (IIVTNU). Article 104.5 of the Law Regulating Local Tax Office, which includes a new condition to not being subject to the tax, and Article 107 (which establishes two new calculation methods for the tax base of the Capital Gains Tax, in the case of capital gain) stand out.

The lease-purchase contract

The Real Estate Lease-Purchase Contract in Spain

The real estate lease-purchase contract allows the rental of a property for a specific period and grants the tenant the right to buy it at a pre-determined price at the end of said period.

Legal Framekwork of the SOCIMI in Spain

Legal Framekwork of the SOCIMI in Spain

In order to boost the real estate market in Spain, the figure of the SOCIMI (real estate investment company) emerged in 2009. These are listed companies that principally carry out the acquisition, promotion, and restoration of leasehold urban assets.

moratoriums renting Spain

Moratorium on renting commercial premises in Spain, the RDL 15/2020

We analyse the requirements to apply the moratorium on the payment of rent on commercial premises, according to the provisions of RDL 15/2020 in the context of the State of Alarm decreed in Spain.

construcción

Responsibility of the construction agents to the landowners and the users

Article 17.1 in the Law of Construction Planning, “Responsibilities and guarantees,” regulates the civil responsibility of the agents involved in the construction process as well as the deadlines for dealing with them.

developer

Construction Developer’s Duties and Responsibilities in Spain

The figure of the construction developer was not defined uniformly in Spanish legislation until the entry into force of the LOE. Article 9 establishes that a construction developer is understood as a promoter and what his obligations are, while Article 17 determines his civil liability regime.

agentes edificación

Building agents in Spain: definition and types

The Building Regulation Act (BRA) in Spain establishes in article 8 that all people involved in a building process are to be considered building agents. It is worth considering who is classified under this condition as well as the different types of building agents in Spain.

Fees and taxes for real estate acquisitions in Spain

Acquisition of real estate in Spain can generate various fees for which, without careful preparation, the buyer can quickly find himself liable. Furthermore, the transaction can accrue taxes, which can be quite different for the buyer and the seller.