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Communities of Property Owners - all you need to know

When buying an apartment in Spain, or a house which forms part of a development, you will often hear talk of a “Communidad de Propietarios” or “Community of Property Owners” and the service charges that can form part of the running costs of owning a property in Spain.  What is this mysterious “community”? And how does it impact upon you as a property owner in Spain?

Last updated: 17 August 2020

How to avoid Spanish tax nightmares

It is natural for anyone to want to pay less tax.  This is so whether in relation to income, capital gains, inheritance, or any other taxable amount.  At home in the UK we tend to take the advice of qualified accountants, or tax lawyers, who guide us as to the most effective method of calculating our dues without paying more than we are obliged to pay.

Outside of the UK we may be tempted to throw caution to the wind and take whatever route appears to be the cheapest, if at least someone who seems to know what they are talking about, suggests it to us.  In Spain, that is certainly something that happens all too frequently.

Last updated: 14 August 2020

Why an independent Spanish lawyer is important

 Almost anyone who purchases a property in England or Wales will entrust the legal aspects of the transaction to a solicitor, either a specialist conveyancer, or a general practitioner, but in any event a qualified independent legal adviser protecting the interests of the purchaser.  Only people with previous experience of property purchases and considerable knowledge of property law ought to contemplate handling their own transactions and even then it makes little sense to do.  That is because by engaging a solicitor not only should you be guaranteed that the purchase will be handled competently, but if a professional adviser makes an error that causes the purchaser damages, there ought to be a professional indemnity insurance policy to cover the loss.

The same principle applies to buying a property in Spain.  Before you make any payment either to a seller or to an estate agent you need to engage an independent Spanish lawyer to advise and assist you in respect of the purchase. 

 
Last updated: 21 July 2020

The true cost of being a homeowner in Spain

The costs of buying a property in Spain have been well documented.  What many people fail to consider in the excitement of buying their dream home in the sun are the costs of being a property owner.  The key to avoiding surprises is to make sure that your independent Spanish lawyer advises you of the estimated running costs before you commit to purchasing a property.  

Here, we guide you through the costs of owning a property in Spain, and the expenses you can expect to encounter in running your Spanish home. 

Last updated: 19 August 2020

Moving to Spain after Brexit

Please note that there is more up-to-date information in relation to Brexit. You may find our video on the effect of Brexit for UK nationals throughout the transition period and beyond helpful. We also have more recent articles on living, working and owning property in Spain, as well as an update.

Many Brits buy property in Spain with the intent to move to Spain, or to retire to Spain, but the Brexit vote has left the possibility of moving to Spain after Brexit up in the air for many.  Of the many issues for Brits to consider as a result of the Brexit vote is their ongoing right to spend time in Spain, whether on holiday, simply without working, in retirement, as a base from which to run a business, or for any other reason.

Last updated: 14 August 2020

Buying property in Spain after Brexit

Please note that there is more up-to-date information in relation to Brexit. You may find our video on the effect of Brexit for UK nationals throughout the transition period and beyond helpful. We also have more recent articles on living, working and owning property in Spain, as well as an update.

The results of the Brexit vote have left many wondering what the future will bring.  One of the questions we have been asked most frequently in recent weeks is “what will be different about buying property in Spain after Brexit?

We set out our thoughts on how Brexit will affect those Brits who are already property owners in Spain in a previous article, which you can find here.  In this article we consider life after Brexit for those still thinking about buying property in Spain.

Last updated: 17 August 2020

Reclaim of deposits for off-plan properties in Spain

For many who attempted to purchase property off-plan in Spain and who found that the property was not completed, it has been an uphill struggle to reclaim deposits paid to developers.  This year new hope emerged for those affected when the Spanish government applied a law to allow investors to reclaim deposits for unbuilt off-plan properties in Spain.  

Here we take you through the background to the law regulating deposits paid for off-plan properties in Spain.  We also analyse why some investors found themselves in difficulties following the economic downturn.  Finally we explain the current position when it comes to reclaiming deposits paid for unbuilt off-plan properties in Spain.  

Last updated: 17 July 2020

What happens if you do not make a Spanish Will?

If you own property in Spain or in the UK, or both, it is advisable that you make a Spanish Will and a UK Will.  One of our most frequently asked questions is “do I need to make a Spanish Will?” and we are frequently surprised by the number of people we meet who have not made a Will in Spain or in the UK.   To clarify matters, here we set out what happens to your assets if you die without a Will in Spain and in the UK.  

Surprisingly there are still a great number of people who have not made a Will in relation to their estate.  According to research carried out by the Law Society of England & Wales, published in October 2014, 73% of 16-54 year olds had not made a Will, while 36% of people over the age of 54 had not made their final wishes clear in a Will.  

Last updated: 14 August 2020

Do you really need a Spanish Will?

We are finding increasingly that those who own property in Spain have made a Spanish Will.  This is because practically all of the literature on the subject of Spanish property points people very firmly in the direction of doing so.  Clients often ask us whether it is necessary to make a Spanish Will if one owns assets in Spain.  

Spanish law recognises a Will made lawfully in any jurisdiction.  That means that if you make an English Will relating to all of your worldly assets, it will include your Spanish property.  The beneficiaries of your residuary estate, so that is everything other than those who will receive specific legacies, will receive your Spanish property.  So, “why do I need a Spanish Will?” we hear you ask. There are two principal reasons which are set out below. 

Last updated: 14 August 2020

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Testimonials

I wanted to make sure everything was done properly and my interests protected. E&G Solicitors in Spain handled everything once I decided on the property. Communication was very good and very prompt, in person, by email and over the phone. I think the service was beyond expectations, even following up on my case over a year after the purchase to ensure everything was in order.

Lene Ostergaard, Denmark

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