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.

35 2022 Challenge condominium owners’ association agreements

Can an owner challenge the agreements of the condominium owners’ association?

An owner who considers that a decision of the Board of Owners of the condominium owners’ association to which he belongs is detrimental to his interests or entails a severe detriment that he has no obligation to bear may challenge it through the courts.

37 2022 The order for payment procedure

Legal actions available to condominium owners association: The order for payment procedure

The Spanish Horizontal Property Law provides condominium owners association (COA) with two specific legal actions against defaulting co-owners or nuisance occupants. One of them is the order for payment procedure.

Legal actions available to condominium owners associations: The action for cessation

The Spanish Horizontal Property Law provides for two specific actions for the condominium owners association in the event of nuisance or delinquent co-owners or occupants. One of them is the action for cessation.

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.