Latest legal insights, conveyancing updates and practical guidance from MSG Legal experts in Spain.
With a view to meet the demands of the current global working landscape and match the competitive legal framework already established in various countries including a number of EU member states, the Spanish Government h…
Read more
An important piece of advice that foreign citizens should always take into account before proceeding to purchase a property in Spain, is to seek the advice of a bilingual independent lawyer, specialised in Conveyancing …
Read more
If you are a mortgage loan holder, for which the IRPH reference index (or index based on the average rate of mortgage loans granted by the Spanish savings banks) was established as the variable interest rate, now and pa…
Read more
For British residents and their family members that are currently registered in Spain, or those British Citizens that register from the 6th of July 2020 until the end of the transition period, that is to say, until the …
Read more
As a result of the global crisis we are currently suffering due to Covid-19, it is understandable that doubts or problems may arise regarding property purchase contracts signed previous to the pandemic (earnest money de…
Read more
In this article we are going to address the various circumstances that homeowners/landlords and tenants may be facing due to the COVID 19 Pandemic, and the State of Emergency declared in Spain. The Spanish Govern…
Read more
If you own a property in Spain, or you are thinking about acquiring one with the aim of designating it for Holiday Accommodation, you may have already experienced or read about the administrative and legal obstacles tha…
Read more
The new Law governing mortgages in Spain entered into force on June 16th 2019, and is applicable to all mortgages on residential properties signed from June 16th onwards. One of the most significant amendments to the La…
Read more
During the preparation of a real estate transaction in Spain, property purchasers coming from the U.S. will face the lack of availability of Title Insurance in Spain. Contracting Title Insurance during the property purc…
Read more
On March 15th, a new Law 5/2019 was adopted to regulate immovable property credit contracts. That is to say, mortgage transactions for the purchase of residential immovable property. These new regulations align Spanis…
Read more
On March 6th 2019 the Spanish Government approved important legislative amendments which have modified significant aspects of lease contracts, norms of the Associations of Property Owners, and holiday rentals. We expla…
Read more
In this article, we are going to provide you with information regarding the EU Family Residence Card, also known as the EU Residence Card. We will also clarify the purpose of the card and whom is entitled to request it.…
Read more
April 2019 update on Housing and Urban Lease Law in Spain We are updating this article (v.3) due to a new amendment approved by the Government on legislation applicable to property lease contracts. On March 6th 2019, Ro…
Read more
In this blog we will explain exactly what the Municipal Census or ‘Padrón Municipal’ is, the obligation that exists to register, the procedure to follow in order to do so, and the documentation required. We woul…
Read more
Britain and the European Community will officially sever ties on 29th of March 2019, without prejudice to the transition period, during which Britain will continue to be bound by certain European Community framework unt…
Read more
In preparation for purchasing a property in Spain, particularly when purchasing a rural property, it is not uncommon to come across discrepancies between data concerning the property surface and boundaries recorded at t…
Read more
One of the issues that raises most concern when renting a property, whether from the point of view of the landlord or the tenant, is how to address a situation where the tenant unilaterally decides to terminate the leas…
Read more
One of the primary concerns when acquiring, purchasing or owning a property as a foreign citizen in Spain, is to understand the impact that taxation will have on a given situation. The determining factor for the type of…
Read more
In this article we will analyse the rent to buy option. This stands out as an attractive option in the current climate where the Spanish property market is undergoing a freeze (mainly from a financial point of view) for…
Read more
In this article we are going to address the issue of claiming reimbursement for undue Municipal Capital Gains Tax payment, which may and should be claimed by those whom have sold, or transferred ownership of a property …
Read more
When purchasing a property in Spain, and in the case that the property acquired has any hidden encumbrances not mentioned in the Public Deeds, and where the encumbrance in question is of such importance that the buying …
Read more
The purchaser of new-build properties in Spain, is protected by a range of regulations. Particularly by the Consumer and User Protection Legislation, which establishes that the Property Developer is obliged to duly info…
Read more
In this article we will explain the latest regulations governing holiday apartment rental in the Costa Blanca area. Here we will approach the issue from the point of view of the Property Owner deciding to commercialise …
Read more
The Foreign Identification Number, known as a NIE, is a document which is granted to foreign citizens for economic, professional or social reasons connected with Spain. This identification number is personal, exclusive …
Read more
When formalising any real estate transaction in Spain, whether acting as the selling or buying party, those involved will usually come across a legally binding concept called an EARNEST MONEY DEPOSIT (or ARRAS) In this …
Read more
Selling property in Spain as a non-resident. The buying party’s obligation to retain 3% of the sale price. In this article we are going to address the issue of property sale in Spain by non-resident citizens, and the bu…
Read more
Following the announcement made by the British government to the EU Authorities on the 29th of March 2017, much uncertainty has arisen regarding the consequences withdrawal may cause. The consequence that most concerns …
Read more
In this article we are going to examine the requirements that must be taken into account previous to acquiring rustic land (or non-building land – suelo no urbanizable -) with the aim of initiating a construction projec…
Read more
In this article we are going to deal with some aspects of the so-called Second Occupancy Licence –Licencias de Segunda Ocupación– (also named the Second Occupancy Habitation Certificate –Cedula de habitablidad de …
Read more
The owner of a new build property or any subsequent owner who purchases the property within the maximum warranty period established by Law (10 years), has a right to make a claim against any of the parties intervening i…
Read more
In this article we will deal with one of the generalised issues when formalising property purchase contracts. The possible unfair or so-called ‘abusive’ clauses that new owners can encounter when acquiring a new-build p…
Read more
A major precedent in case law has been established by the Spanish Supreme court radically changing the prospects of recovering any payment on account or deposit paid for the purchase of a dwelling in Spain when, finally…
Read more
In this article we will deal with a common problem in any rental agreement, usually leading to disputes, disagreements and complaints between the Property Owner and the Tenant. Spanish legislation, in part…
Read more
During purchase transactions for properties located in Spain, and in the case that one of the parties (whether the buyer or the vendor) resides abroad, it is possible that the party in question is represented by a third…
Read more
One of the most important issues for the buying party to consider when planning to purchase a property in Spain, is to foresee the costs they will face in addition to the applicable taxes on the transaction. In this art…
Read more
In this article we will deal with issues that may arise when purchasing second hand or used property, and in particular the purchase of property on an ‘as is’ basis. This can involve important consequences for the purch…
Read more
The European Court of Justice (CJEU) has laid down an important ruling overturning the cap limiting reimbursement for losses sustained due to excess charges by financial entities to May 2013 (established in the Spanish …
Read more
The Supreme Court Judgement 705/2015 of 23rd December, declares ‘abusive’ the clause in which the financial entity BBVA imposes on the borrower the payment of all expenses, taxes and commissions derived from taking out …
Read more
It would appear that sale and purchase of off-plan property has revived, and in some areas with great strength and little criterion. The view of numerous construction cranes decorating our scenery once again, complement…
Read more
As stated in our headline, it is of great interest for those citizens with long-term residence and property ownership in Spain, or those planning to acquire property in the future with the intention of residing on a lon…
Read more
CONVEYANCING. ALWAYS USE A TRULLY INDEPENDENT LAWYER. An important piece of advice that foreign citizens should always take into account before proceeding to purchase a property in Spain, is to seek the advice of a bili…
Read more
One important aspect to be taken into account when acquiring a property under the Horizontal (or Condominium) Property Regime, is the state of any debts or charges that may exist over the property in relation to …
Read more
This post will provide you with further details on the fiscal/tax obligations that should be taken into account when initiating the process to acquire a property in Spain, and more specifically the obligations that aris…
Read more
This post will provide you with an estimate of the taxation obligations that the acquisition and sale of properties in Spain are subject to. The act of acquisition and sale is subject to tax settlements which vary accor…
Read more
As a start for our Blog, we are going to analyse, from a legal point of view, the consequences that Brexit will entail for British citizens residing in Spain. As we have said, our analysis is from a legal and objective …
Read more