Should I gift my Spanish property to my children during my lifetime?
If you gift Spanish property to your children, there are various things that one needs to think about. As non tax resident of Spain , regardless of whether you sell or gift your property, you will need to account for 19% Spanish Capital Gains tax (known in Spain as IIP). A capital gain is calculated by […]
Property purchase and military authorizations in the Canary Islands
Vera Liprandi, Partner at the Tenerife office of De Cotta Law Since 1st January 2021 British citizens who wish to buy or inherit rustic land in the Canary Islands must obtain a military authorization, in accordance with an old law applicable to non-EU citizens and companies. This regulation affects more than 1,500 municipal areas in […]
IMPORTANT CHANGES TO REGULATIONS FOR HOLIDAY RENTALS IN SPAIN
In 2025, Spain introduced important changes in its regulations regarding holiday rentals. The aim is to reconcile the boom in the tourism sector with the rights of residents and their right to access to housing. These changes affect homeowners as well as rental platforms and Communities of owners throughout Spain and the Islands. The first […]
Finding lost relatives – Heirs to Spanish property
As a law firm serving the international community in Spain, we are often approached by ‘heir-hunters’ or companies who specialise in tracing lost relatives. Over the last 30 or more years of immigration, residence and property purchase by British nationals many properties have been purchased. In some cases these people have lost contact with their […]
Joint property ownership – Declaring Joint ownership or bringing it to an end
If you are a joint owner with your spouse, civil partner or with a friend it is important to consider the obligations and tax implications if you sell or inherit half of the property. Equally, some married couples or partners were advised to put the property in one name but now find that their spouse […]
90 in 180 days – is it really that bad?
Since I joined De Cotta Law in 2021, I have spoken to lots of clients about the ‘90 in 180 day rule’. Many Brits claim that this is unduly restrictive, with some of them even deciding to sell their second homes in Spain because of it. Post ‘Brexit’, a British national can only spend 90 […]
More good reasons to buy property in Andalucia & the Canary Islands
The regional government of Andalucia has just approved a Decree removing Wealth tax which was payable by those individuals with assets of 700.000€ (non-residents for Spanish assets) or 1.000.000€ for residents on their worldwide estate. This would be attractive to those who are considering buying Andalucian property and possibly taking up residency with one of […]
Major changes to Spanish Town Hall taxes on sales and inheritance – plus valia
Making the property market even more interesting in Spain is a major change to the local taxes normally payable by vendors or inheritors of property – the plus valia – or local capital gains improvement tax. The varying rates charged by different municipalities, particularly when there could be a very large variation between two neighbouring […]
Commercial property rentals – Update
The Royal Decree-Law 35/2020 has established the possibility for small and medium-sized enterprises and self-employed workers in Spain to request a rent deferral or a 50% rent reduction before 31/01/2021, if no agreement has been reached between the parties and the owner of the premises is a “large owner” as defined by the law. In […]
Why you should register your new or modified construction and are you paying the correct council tax?
In Spain there is no legal obligation to register property at the Land Registry. However, the failure to do so and for the registry to accurately reflect the size and description of the property can have serious and sometimes unforeseen consequences. If you bought a two-bedroom property in the country for example and then obtained […]
Property injunctions – Boundary disputes
In Spain it is possible to obtain court injunctions where there is evidence that a neighbour is building on part of your property or building without a licence and the construction affects your property rights. For example, if you live in a village house and a neighbour starts to build over a terrace or adjoining […]
Buying property off plan in Spain – Independent advice
With construction commencing again and prices rising in most areas of Spain many people are buying property off plan. This can be a very good way to purchase with payment in instalments until the construction is completed. Buying in this way in Spain is safe and secure provided your lawyer ensures that a guarantee or […]