• Civil Law

    • Matrimonial
    • Successions and inheritances
    • Condominium Law
    • Rentals
    • Contracts
    • Claims for damages
    • Traffic accidents
    • Debtors Claims
    • Debt Recovery
  • Penal Law

    • Fraud and concealment of assets.
    • Crimes against public finances.
    • Punishable insolvency proceedings.
    • Proceedings for corporate offences.
    • Crimes against the rights of workers, mobbing and illegal labor trafficking.
    • Procedures relating to regional planning and environmental protection.
    • Procedures for crimes relating to intellectual and industrial property.
    • IT and copyright infringement, trademarks and patents, etc.
  • Bankruptcy Law

    • Intervention and defence in insolvency proceedings
    • Development of viability plans
    • Orderly private liquidation of companies, out of court
    • Participation in commissions of monitoring and control or in liquidating commissions
    • Legal management and processing of bankruptcy court records
    • Negotiation of agreements
  • Commercial Law

    • Mergers, acquisitions and splits.
    • Dissolution and liquidation of companies.
    • Advising in insolvency situations
    • Data Protection.
    • Commercial contracting.
    • Telecommunications and electronic commerce.
    • Corporate restructuring.
    • Consumers and users.
  • Banking Law

    • Structuring financing transactions and credit assignment.
    • Advice on hedge funds.
    • Advice on compliance with obligations to regulators and supervisors market.
    • financial regulation.
    • corporate finance and acquisitions.
    • Complaints to the market supervisory bodies (Bank of Spain, National Securities Market Commission)
    • legal claims (interest, commissions, fraudulent credit card transactions)
    • credit delinquencies.
  • Administrative Law

    • Violations and sanctions.
    • Allegations and administrative appeals.
    • Patrimonial responsibility of the Public Administration.
    • Expropriations.
    • Local Taxes.
    • Proceedings before the Court of Administrative Litigation.
    • Immigration matters.
  • Tax Law

    • Advice on tax obligations.
    • Analysis of the taxation of specific economic frameworks. Worthy of special mention are the financial, real estate, property structuring, etc ...
    • Planning of corporate frameworks from a fiscal perspective.
    • Taxation of business restructuring operations.
    • Taxation of personal and family wealth.
    • Taxation of non-profit entities such as foundations, associations and educational and sports entities.
    • Representation before the tax inspection.
    • Resources and claims before the Tax Administration.
  • Laboral Law

    • Recruitment, modification, suspension and termination of contracts.
    • Labor consulting.
    • Individual labor disputes, offences and penalties.
    • Labor disputes, labor force restructuring, redundancies.
    • Layoffs
    • Legal defence in management and labor procedures.
    • Prevention of occupational hazards.
    • Collective negotiation.
    • Proceedings before labor inspection.
  • Urban planning services

    • Assessment in the compilation of instruments of planning and execution of groundwork.
    • Advice on soil development projects.
    • Participation in the negotiation with the Public Administrations.
    • Negotiation of urban agreements.
    • Legal assistance to urban and urban development entities.
    • Drafting of contracts with companies and professionals.
    • Advice on the process of contracting urbanisation and building works.
    • Advice in the process of obtaining urban planning licenses and other permits and administrative authorisations that affect the construction and urbanisation process.
    • Resolution of contracts and solution of problems related to the construction process. Agents involved in the process.
  • Real estate legal services

    Buying property in Spain

    The first thing that a foreign buyer who wishes to acquire a home in Spain needs to know is that not only is the system of property in Spain is different from that of their country of origin, but the procedure and professional commitment also differ significantly.

     

     

    The Lawyer

    In Spain is not obligatory to have the intervention of a lawyer for the purchase of a property, but it is strongly advisable. The Spanish lawyer takes the role of the "barrister" and the "solicitor", being able to write all types of private contracts, although these will have no value in the Property Registry. These private contracts shall be binding agreements between the parties, but not enforceable against third parties who have a registered right. The purchase of a property in Spain, begins with a private contract so it will be a great help for a professional like a lawyer to draft the documents.

    The following will also help you: check that all necessary permits are correct, that the property of the Real Estate Tax, the community fees of owners, and if it is subject to leases or rentals. In the case of new housing, the dwelling has its situation resolved in relation to: urban charges, building permit, habitability certificate and first occupancy license. It is advisable to check that the lawyer is covered by a Professional Liability Insurance.

     

     

    The Public Notary

    It is possible to buy a home without the participation of a lawyer, but the involvement of a notary is essential. A Deed can usually be registered in the Property Registry if it has been previously signed and authorised by and before a Notary Public. The notary in Spain is a completely independent component of the two parties involved in the transaction.

     

    The NIE number

    In order to carry out this type of transaction, the foreign buyer will have to request an identification number from the General Directorate of Police. This number is  necessary to be able to pay taxes, open bank accounts and to contract services or buy and sell property. Another way to get this NIE number is to go to the Spanish Consulate in your own country hence avoiding any potential nuisances.

     

    Tax payment

    The payment of transmission taxes must be made within the month following the signing of the Public Deed to avoid penalties. If the property that is being acquired is a first transmission house, it will be necessary to pay the VAT (Value Added Tax) directly to the seller; In this case no payment of any transmission tax will be required, although the stamp of the deed (1%) will have to be paid. In the case of buying a second transmission home, will have to pay the Tax on Patrimonial Transmissions.

Rambla Nova 118 -120

43001 Tarragona,

Catalonia, Spain

Phone: (+34) 977 217 064

Fax: (+34) 977 244 605

advocats@vahusari.com

© Copyright 2018 Vahusari Advocats

  • Civil Law

    • Matrimonial
    • Successions and inheritances
    • Condominium Law
    • Rentals
    • Contracts
    • Claims for damages
    • Traffic accidents
    • Debtors Claims
    • Debt Recovery
  • Penal Law

    • Fraud and concealment of assets.
    • Crimes against public finances.
    • Punishable insolvency proceedings.
    • Proceedings for corporate offences.
    • Crimes against the rights of workers, mobbing and illegal labor trafficking.
    • Procedures relating to regional planning and environmental protection.
    • Procedures for crimes relating to intellectual and industrial property.
    • IT and copyright infringement, trademarks and patents, etc.
  • Bankruptcy Law

    • Intervention and defence in insolvency proceedings
    • Development of viability plans
    • Orderly private liquidation of companies, out of court
    • Participation in commissions of monitoring and control or in liquidating commissions
    • Legal management and processing of bankruptcy court records
    • Negotiation of agreements
  • Commercial Law

    • Mergers, acquisitions and splits.
    • Dissolution and liquidation of companies.
    • Advising in insolvency situations
    • Data Protection.
    • Commercial contracting.
    • Telecommunications and electronic commerce.
    • Corporate restructuring.
    • Consumers and users.
  • Banking Law

    • Structuring financing transactions and credit assignment.
    • Advice on hedge funds.
    • Advice on compliance with obligations to regulators and supervisors market.
    • financial regulation.
    • corporate finance and acquisitions.
    • Complaints to the market supervisory bodies (Bank of Spain, National Securities Market Commission)
    • legal claims (interest, commissions, fraudulent credit card transactions)
    • credit delinquencies.
  • Administrative Law

    • Violations and sanctions.
    • Allegations and administrative appeals.
    • Patrimonial responsibility of the Public Administration.
    • Expropriations.
    • Local Taxes.
    • Proceedings before the Court of Administrative Litigation.
    • Immigration matters.
  • Tax Law

    • Advice on tax obligations.
    • Analysis of the taxation of specific economic frameworks. Worthy of special mention are the financial, real estate, property structuring, etc ...
    • Planning of corporate frameworks from a fiscal perspective.
    • Taxation of business restructuring operations.
    • Taxation of personal and family wealth.
    • Taxation of non-profit entities such as foundations, associations and educational and sports entities.
    • Representation before the tax inspection.
    • Resources and claims before the Tax Administration.
  • Laboral Law

    • Recruitment, modification, suspension and termination of contracts.
    • Labor consulting.
    • Individual labor disputes, offences and penalties.
    • Labor disputes, labor force restructuring, redundancies.
    • Layoffs
    • Legal defence in management and labor procedures.
    • Prevention of occupational hazards.
    • Collective negotiation.
    • Proceedings before labor inspection.
  • Urban planning services

    • Assessment in the compilation of instruments of planning and execution of groundwork.
    • Advice on soil development projects.
    • Participation in the negotiation with the Public Administrations.
    • Negotiation of urban agreements.
    • Legal assistance to urban and urban development entities.
    • Drafting of contracts with companies and professionals.
    • Advice on the process of contracting urbanisation and building works.
    • Advice in the process of obtaining urban planning licenses and other permits and administrative authorisations that affect the construction and urbanisation process.
    • Resolution of contracts and solution of problems related to the construction process. Agents involved in the process.
  • Real estate legal services

    Buying property in Spain

    The first thing that a foreign buyer who wishes to acquire a home in Spain needs to know is that not only is the system of property in Spain is different from that of their country of origin, but the procedure and professional commitment also differ significantly.

     

     

    The Lawyer

    In Spain is not obligatory to have the intervention of a lawyer for the purchase of a property, but it is strongly advisable. The Spanish lawyer takes the role of the "barrister" and the "solicitor", being able to write all types of private contracts, although these will have no value in the Property Registry. These private contracts shall be binding agreements between the parties, but not enforceable against third parties who have a registered right. The purchase of a property in Spain, begins with a private contract so it will be a great help for a professional like a lawyer to draft the documents.

    The following will also help you: check that all necessary permits are correct, that the property of the Real Estate Tax, the community fees of owners, and if it is subject to leases or rentals. In the case of new housing, the dwelling has its situation resolved in relation to: urban charges, building permit, habitability certificate and first occupancy license. It is advisable to check that the lawyer is covered by a Professional Liability Insurance.

     

     

    The Public Notary

    It is possible to buy a home without the participation of a lawyer, but the involvement of a notary is essential. A Deed can usually be registered in the Property Registry if it has been previously signed and authorised by and before a Notary Public. The notary in Spain is a completely independent component of the two parties involved in the transaction.

     

    The NIE number

    In order to carry out this type of transaction, the foreign buyer will have to request an identification number from the General Directorate of Police. This number is  necessary to be able to pay taxes, open bank accounts and to contract services or buy and sell property. Another way to get this NIE number is to go to the Spanish Consulate in your own country hence avoiding any potential nuisances.

     

    Tax payment

    The payment of transmission taxes must be made within the month following the signing of the Public Deed to avoid penalties. If the property that is being acquired is a first transmission house, it will be necessary to pay the VAT (Value Added Tax) directly to the seller; In this case no payment of any transmission tax will be required, although the stamp of the deed (1%) will have to be paid. In the case of buying a second transmission home, will have to pay the Tax on Patrimonial Transmissions.