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 […]
Indemnisation pour les paiements hypothécaires – clauses « plancher »
RECLAMATIONS HYPOTHÉCAIRES ESPAGNOLES: à la suite d’un arrêt de la Cour de justice des Communautés européennes du 21 décembre 2016, vous pourrez demander une indemnisation auprès de votre banque si vous avez une hypothèque contenant une «clause plancher» jugée illégale par ladite Cour européenne. De nombreuses hypothèques espagnoles étaient liées à un taux d’intérêt variable […]
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 […]
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 […]
Powers of attorney
A large number of properties in Spain are jointly owned by spouses, partners or sometimes by brothers and sisters who have inherited property from their parents. It is not always possible for all the joint owners to travel when it is necessary to sign documents, attend banks and local authorities who may then require proof […]