Holiday Rental Andalucia – One year on

We are pleased to say that one year since this legislation came into effect many of our clients are now receiving registration numbers issued by the Junta de Andalucia for Holiday Rental properties. The registration document provides a VFT number (Viviendas con Fines Turísticos) and lists documents that must be available if there is an […]
Co-habitants rights. Do they exist?

In English law there is no such thing as a “common law marriage”. In fact the situation for co-habiting couples is causing increasing concern as more than 35% of couples who live together and share property believe they have legal rights which in fact do not exist. This was revealed in a survey carried out […]
Compensation for Mortgage payments – Floor clauses

SPANISH MORTGAGE CLAIMS : Following a judgment of the European Court of Justice on 21st December 2016 you may be able to claim compensation from your bank if you have a mortgage containing a “floor clause” which has been held to be unlawful by the European Court of Justice. Many Spanish mortgages were linked to […]
Town Halls to repay taxes to property sellers

A decision of the Malaga administrative courts may have set a precedent for thousands of vendors in Andalucia who sold their properties for less than the purchase price. The local Town Hall tax – plusvalía – has been charged on all property sales, inheritances and donations for many years. In some cases the tax has […]
Tax and Holiday Rentals

Income earned on the rental of holiday properties in Spain has to be declared to Hacienda, the tax authority. The rate is now 19% but importantly there are a number of expenses that can be set off against the income. These are IBI (rates), Community of owners charges, Agency fees for advertising and maintenance and interest […]
Registro de Turismo

Desde De Cotta McKenna y Santafé nos place informarle que nuestros clientes están obteniendo los números de registro emitidos por la Junta de Andalucía para las viviendas de alquiler con fines turísticos. El documento de registro incorpora un número VFT (Viviendas con Fines Turísticos) y una lista con la documentación de la que se debe […]
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 […]
Holiday rentals – New law Update

We can now provide an update on the new law on holiday rentals in Andalucia. This will apply to all individual Urban rental properties and not solely to those owners who have three or more properties. The law will come into effect on 12th May 2016. There will be a grace period of one year […]
Legalisation of properties in Andalucía

In Andalusia there are a number of properties, mainly private homes, on land not zoned for construction. Typically these properties have been built without a licence or without complying with the parameters of a building licence from a local authority, which has possibly ignored the infringement of planning laws. Legalisation of properties in Andalucía is […]
Spanish property rates – catastro

SPANISH PROPERTY RATES – THE CATASTRO All properties in Spain have a rateable value. Rates, or council tax as it is now known in the UK, are locally charged and vary quite substantially with rural areas having much lower rates than those in the coastal or city areas. This reflects the level of infrastructure provided […]
A Place in the Sun – Property Spain

De Cotta Law ran a very successful stand at the Place in the Sun exhibition in Manchester in March. Reyes Gomez, Spanish lawyer and our experienced paralegal Lauren Sykes attended with our partner, Jon Sutton who is registered with the College of Lawyers of Málaga and is an English solicitor. Providing legal and practical advice […]
Spanish property taxes

Taxes on Spanish property purchases – important information Property prices are now recovering but it may be some years before they reach pre crisis levels. When purchasing Spanish a property in Andalucia the transmission tax (stamp duty) is 8% of the value. Tax authority calculations vary but in this region the tax authority uses a […]