Spanish Land registry certification, First occupancy license, Latest receipts of IBI tax and garbage Collection tax and previouse Purchase Title Deed among other should be requested to the vendor.

Marbella, Malaga -- (ReleaseWire) -- 06/26/2017 -- The most important documentation that our office advises to request to the seller or his legal representative before acquiring a property is the following:

Spanish Land registry certification.

This is a document that contains information taken from the Spanish Land Registry regarding the property in Spain, which includes the identification of the same, the identity of the owner or holders, and the extent, nature and limitations of these.

First occupancy license in Spain.

It is the document granted by the corresponding Spanish Town Hall that proof that the property meets the requirements of the building license.

Copy of the previous Purchase Title Deed of the property of the current owner

This document allows us to check how the property was acquired.

Latest receipts of IBI tax and garbage Collection tax.

In addition to checking the possible debts that could be with respect to these local taxes, with the receipt of rates, the So known "Impuesto sobre Bienes Inmuebles" or IBI we will obtain the cadastral reference, which will allow us to calculate the fiscal value of the property in Spain

Latest utility bills of the property in Spain ( water and electricity bill).

Mainly we will ask for water and electricity bills, it is also advisable to request other possible contracts that the property may have as internet or telephone, in case the purchaser wish to continue with these utility contract.

Requesting latest utility bills of the property, it will allow us to verify that there is no existing debt's of supplies on the property and at the same time we will be used to make the relevant changes of ownership once the transaction is completed.

Energy efficiency certificate.

As from June of 2013 this document is compulsory at the time of renting and selling properties.

A Spanish architect should issue and register this certification that includes information about the energy characteristics of the Spanish property.

Contact details of community of owners in Spain

In order to ascertain if the property has community debts and also to know the situation of the complex (It allow us to check if there is any lawsuit against the developer, there is any problem on the complex or even if the complex has any urbanistic file open) it is advisable to request to the vendor the following:

– Latest minutes of the board of owners.
– Statutes or norms regulating the Spanish community.

On completion date the selling party must provide a certificate issued by the community of owners which certifies that the property that you are interested in acquiring has no Debts.

At our law firm in Marbella, all lawyers are registered members at the Malaga Bar Association. We advise you on matters of purchase and sale of real estate, wills, inheritances, commercial and labour matters, contracts, quantity claims, civil and criminal proceedings, competition law, trademarks and trade names.

About Welex
Welex, law firm in Marbella that offers its services throughout all Spain.

http://www.welex.es
info@welex.es
+34 952775521

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Do you wish to sell your property in Spain? English speaking Spanish lawyer in Marbella wish you to line out the following to take into account at the time of using a Power of Attorney in Spain.

Marbella, Malaga -- (SBWIRE) -- 06/26/2017 -- In the event you are a British citizen living in the United Kingdom who owns a home on the Costa del Sol and wish to sell the property but it is impossible for you to travel to Spain to appear before a Spanish Notary to grant the Sale Title Deed because of health circumstances.

In this situation, the only way to complete the sale of your in Spain is by granting a Power of Attorney before a "Notary Public" in the United Kingdom in favour of who is able to attend at the Spanish notary at the time of the sale.

In general terms, the Power of Attorney granted abroad (out of Spain) will be equivalent to the Spanish one, if the following elements are present:

– That the Power of Attorney needs to be authorized by one who has in his country the competence to grant public documents (notarized public faith).

– That the "notary" guarantees the identity and capacity of the grantor for the legal act or business in question.

However, the resolution of the Public institution that controls the Land Registries and Notaries in Spain dated September 14th, 2016, understands that documents issued before English "Notary Public" are equivalent to a simple legitimation of signatures of the person granting the document, without this "Notary Public" awards a capacity judgment.

Unbelievable, but this means that there would be no equivalent of functions of the public official (UK notary public) and the Spanish notary, so the Power of Attorney granted before that would not have legal effects in Spain and the sale of the property cannot be completed.

It seems that this resolution of the Public entity that rules the public Registry´s and notaries in Spain has raised some doubts about the granting and use of Powers of Attorney granted abroad.

Contact our law firm in Marbella now if you have inquiries in the granting of a Power of Attorney in your country of origin to be used in Spain, where we will advise you conveniently.

About Welex
Welex, Legal and tax experts in Spain. In our office in Marbella, all our lawyers are registered members at the Malaga Bar Association. We advise you on matters of purchase and sale of real estate, wills, inheritances, commercial and labour matters, contracts, quantity claims, civil and criminal proceedings, competition law, trademarks and trade names.

http://www.welex.es
info@welex.es
+34 952775521

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Knowlege on Spanish transfer tax, Notary, registration and legal Fees.

Marbella, Malaga -- (SBWIRE) -- 06/26/2017 -- When purchasing a property in Spain, in addition to the purchase price, the buyer must take into account the taxes and expenses that they will incur at the time of buying a property.

First, we must differentiate between a new property purchased for the first time (new building), and a property that has already been previously purchased by another buyer.

In this blog we will focus on the expenses and taxes on second transmission properties.

The purchaser of a property in Andalucia will incur the following expenses:

The main Spanish tax that the buyer will face is the Transfer Tax in Spain. In general, in the transfer of a property in Andalucia, the tax rate is calculated by applying to the taxable base the rate resulting from the following rate:

Value of asset Up to Euros Rate percentage
400.000,00 8%
700.000,00 9%
As from 700.000,00 10%

Notary fees in Spain. Spanish Notary's fees are based on the number of pages of the document, the parties appearing and the price of the property.

Registration fees for registering the property in the Land Registry. The local Spanish Land Registry fees are based on the scale of fees from the registrar.

Other secondary but not less important expenses that a nonresident buyer will incur at the time of buying a property are the following:

Obtaining foreigner's identity number or NIE number certificate.

Registration with the Tax authorities.

Obtaining digital signature.

Expenses for issuing banker's draft.

Translator fees.

Expenses for arranging contracts for connection of utility services and arranging payment by standing order.

Legal fees of your lawyer in Spain.

Do not hesitate to contact our law firm in Marbella. Welex, your conveyancing experts in Marbella, property lawyers in Spain. Contact the motivated and expert property lawyers and accountants of our firm to obtain a breakdown of Taxes and Disbursements at the time of the purchase of a property in Spain.

http://www.welex.es
info@welex.es
+34 952775521

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Urgent measures in relation to buildings constructed on urban subdivisions on undeveloped land.

Marbella, Malaga -- (ReleaseWire) -- 06/16/2017 -- Welex is an urban planning law firm in Marbella. Andalusia's urban plan establishes a deadline of six years for the adoption of measures to protect urban legality and restore the disturbed legal order of buildings constructed outside the law. After this period, the administration cannot act on these buildings.

However, this time limit (6 years) was not applicable to acts and uses of urban sub-divisions of lands on undeveloped areas, the administration being entitled to act at any time to take measures to restore the legal order.

This situation created uncertainty in those existing buildings in urban subdivisions of land that did not have the status of urban settlement and that could not obtain recognition of the situation designated "out of planning" .

The Spanish law 6/216 of 1 August (in force since August 6, 2016) amends the law 7/2002 of 17 December to incorporate urgent measures in relation to buildings constructed on urban subdivisions on undeveloped land.

This amendment aims to eliminate the uncertainty in these buildings and their plots on undeveloped land, and the deadline of 6 years may be applicable only to these for the administration to take legal measures against them.

Once this period has elapsed without the administration taking action, these buildings will have the status "out of planning".

Therefore, if your property meets the following requirements:

- Isolated building of residential use
- Located on land with an urban subdivision (2 or more)
- Undeveloped land
- The limitation of 6 years has elapsed so the administration cannot act against it.

Your property may benefit from the out of planning status, with its consequent rights and obligations. To find out, contact Welex, our English-speaking law firm in Spain. We will clarify all your urban planning inquiries and provide you all the compulsory information regarding the Spanish property you wish to purchase in Spain or already own.

About Welex
Welex provides legal, labour, tax and accounting advice, in order to offer legal security to our clients, from experience and professionalism.

We are multilingual professionals helping clients with legal issues in Spain. Although our offices are located in Marbella, a city in the province of Malaga, on Southern Spain, Costa del Sol, we provide tax and legal services throughout the whole territory of Spain.

http://www.welex.es
info@welex.es
Telf: +34952775010

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Who has to pay the rates on properties in Spain, the Spanish IBI, in the year that the property is being sold?

Marbella, Malaga -- (SBWIRE) -- 06/05/2017 -- Do you wish to sell or purchase a property in Spain? Who needs to pay the Real Estate Tax, the Spanish IBI, that same year?

This matter is being regulated in the Law for Local Tax Offices, which establishes that the taxable event of this tax, the ownership is of the property right, amongst others, on rural and urban properties.

For purposes of this tax in Spain, rural and urban properties shall be considered in accordance with the definition that is given in the regulations of the Property Cadastre or Land Registry.

In case one and the same property is located in different municipalities, it is understood that it belongs to each one of those municipalities for the surface it occupies in each one correspondingly.

Whenever there is a transfer or conveyance of a property in Spain that entails changing ownership, the Spanish property remains subject to the payment of the total sum of the tax, under subsidiary liability regime, in the terms set out in the Spanish General Tax Law.

In case of selling a property, the IBI, or Spanish Real Estate Tax, must be paid by whoever is the owner on January 1st of that same year in which the conveyance is taking place. The purchaser will pay the year after that.

At the time of signing the public purchase deed in Spain, the authorising notary public will request information on any possible outstanding debt of the Spanish Real Estate Tax corresponding to the property that is being sold. He will warn of the period in which the interesting party is obliged to pay the tax as well as of the liabilities in which the party may incur in case he/she does not file said tax.

The Spanish Supreme Court has set out in a court ruling of June 2016, that unless otherwise agreed upon, the seller who is paying the Spanish Real Estate Tax may pass on the part from the date of the sales to the purchaser, whether the property that is being sold is a plot, a house or premises.

Do not hesitate to contact our English speaking property lawyers in Marbella, Malaga, Spain at "Welex" and we will kindly answer any of your legal enquiries.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm