Contractual Breach in Real Estate Sales in Spain
Contractual breach in real estate sales in Spain can manifest itself in various ways, whether by the breaching party, the type of breach, or the severity of the violation. Given …
Hidden Defects in Real Estate Sales in Spain, What to Do?
In real estate transactions in Spain, the legal consideration of hidden defects is crucial to protect buyers and preserve market integrity. These defects, not visible to the naked eye, raise legal questions about the rights and obligations of buyers and sellers.
Real Estate Co-Ownership in Spain: the Common Assets Division
In Spain, shared ownership of real estate can pose challenges due to diverging interests among co-owners. The Spanish Civil Code provides solutions in Article 400 et seq. for these situations.
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.
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 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
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.
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.
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.
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.
