Articles in the Property law Category
assimilated out of ordination, building permit, CONVEYANCING, developer, english speaking solicitor, Headline, judgment, lawyer, legal advice, malaga, nerja, non developable land, Property law, solicitors Nerja »
Last Monday October 14th, the Regional Andalusia Government Junta de Andalucia carried out the demolition of two houses which were built without construction permit on non-developable land in the rural area of Las Terreras, in the municipality of Las Canteras, Almeria.
In this case, the developer did not have construction permits to build both properties. This is a different situation from that explained in our blog post in March, but there are also involved third parties in good faith, who bought the aforementioned properties to the developer/seller. The demolition of these …
Andalucía, english speaking solicitor, Headline, Income, lawyer, legal advice, Property law, rentals, solicitors Nerja, torrox »
On the 5th of June 2013, Spanish Law 4/2013 dated 4th of June was published in the Spanish Official Gazette B.O.E. This recent Law states the procedures to relax and promote the rental housing market. By means of this Law, the Spanish Government tries to regulate summer holiday rentals, which are not controlled by the Spanish Tax Administration Office.
These regulations aim at two basic objectives: on the one hand, to change people’s habit in respect of meeting their housing needs—up to now, people were inclined to purchase their usual home …
assimilated out of ordination, building permit, CONVEYANCING, english speaking solicitor, Featured, lawyer, legal advice, non developable land, out of ordination, Property law, solicitor, solicitors Nerja, torrox, undeveloped land »
One of the legal problems affecting some owners of properties on non-developable land has originated in the last ten years with the invalidity of building permits, which protected these constructions on non-developable land. This invalidity has been obtained in most of the cases by means of the corresponding contentious-administrative court proceedings.
First of all, the invalidity of a building permit would imply the demolition of what has been built under this permission on specially protected non-developable land; in case of common non-developable lands (without special protection), this invalidity may imply the …
Capital Gains, CONVEYANCING, developer, english speaking solicitor, Headline, Income, Property law, taxes »
In this year we have published several blog articles regarding tax changes on property subjects which the Spanish Central Government has passed over this year. In that regard, the deadline to implement most of them finishes on the 31st of December.
As a requirement to increase tax revenues, this new year will bring the removal of some tax reliefs which are currently enjoyed by home buyers in Spain.
From the 1st of January, home buyers in Spain should consider that the following tax incentives will disappear:
1) 50% tax exemption on capital gains …
conveyancing, CONVEYANCING, developer, english speaking solicitor, Featured, legal advice, Property law, Property law, taxes »
The Spanish Government, particularly Mr Cristobal Montoro, Chancellor of the Exchequer, has announced last Friday 13th of July that, from the 1st of January 2013, will apply a VAT of 10% (of the declared value of the property) to new properties, with regard to the current 4%.
During the press conference after the Council of Ministers, the Chancellor has recalled that the application of the reduced VAT (4%) for the purchase of a property had an “expiry date”, that the Government has stated today for the beginning of 2013.
Mr Montoro has …
conveyancing, CONVEYANCING, Featured, Income, lawyer, legal advice, NON RESIDENT, PREVENTION, Property law, solicitor, taxes, torrox »
The Spanish Constitution and the regulations (tax and social) developed thereof, regarding the protection of the elderly, guarantee that the elderly will receive a comprehensive system of care and protection that promotes and enhances the wellbeing of this section of the population, within which this article highlights the area of economic protection.
The purpose of this type of protection is to formulate a system of regulations that provide the elderly with the necessary economic resources, which will contribute towards their independence and improve their quality of life.
As principle provisions or benefits …
assimilated out of ordination, conveyancing, CONVEYANCING, developer, Featured, Headline, legal advice, out of ordination, Property law, Property law, undeveloped land, URBAN LAW, urban plan »
We have recently known, through our clients’ consultations, of the situation that most of the owners of La Axarquía area suffer, which comes from the lack of a License of First Occupation on their properties, particularly, regarding those problems with contract the supplies, such as the electricity supply for their first time or for its restoration, after being cut off by the electricity company (i.e. end of construction site temporary power).
The License of First Occupation is a certificate issued by the town hall that confirms that a newly-built property fully complies with …
asesoramiento legal, assimilated out of ordination, CONVEYANCING, developer, Featured, legal advice, New building declaration, out of ordination, Property law, URBAN LAW »
The possibility of registration in the Land Registry of constructions without building permits after four years of completion, is provided by a State regulation—Spanish Royal Decree Real Decreto 1093/1997 of 7th of July, Section 52 provides this possibility, as well as the following requirements for this registration: 1) proceedings of town planning discipline shall not appear in the Land Registry against the construction; 2) the time fixed by law shall have been elapsed in order to “tackle” this infraction through the administrative procedure and 3) certification of the year of …
CONVEYANCING, developer, Headline, judgment, NON RESIDENT, Property law, undeveloped land, URBAN LAW, urban plan »
Three weeks ago, we received in our offices a copy of the draft implementing Decree of 20th of June 2011, which regulates building and scattered rural settlements on non-developable (non-urbanizable) land in Andalusia.
This draft is supposed to be created as an attempt to regulate the situation of a large number of properties located on non-developable (non-urbanizable) land in Andalusia, where criminal or administrative proceedings cannot be filed against them for land development liability, because the offense or infringement is extinguished by prescription. The Andalusian Regional Government is partially responsible for …
conveyancing, CONVEYANCING, developer, Headline, NON RESIDENT, Property law, undeveloped land, URBAN LAW, urban plan »
Due to the urban complexity that most of the municipalities of La Axarquía are immersed because of the Spanish local elections held in May, the changes in the local governments could mean changes in the way of managing each municipality and in the solutions that such local governments could propose in view of the complex urban development in this area.
We have to take into account that, nowadays, most of the municipalities are working in the production and approval of their new General Plans for Urban Zoning (PGOU) to adapt them …