I am a Spanish lawyer based in South Tenerife, Canary Islands, Spain.
My law practice covers the following areas of the Spanish law: international law, litigation and disputes related to foreign investments, property and business law, inheritance and family matters.
I have more than 25 years experience.
I am a member of the Tenerife Law Society (number 1685, Colegio de Abogados de Santa Cruz de Tenerife).
The blog section on this front page contains posts summarizing information, advice, legal judgments, news, and legislation in Spain of interest to English-speaking readers.
You may find more detailed information about these subjects in my specialized websites:
The Legal Information Hub (LIH)
The Tax Information Hub (TIH)
THE FUNCTION OF THE PRESIDENT OF A COMMUNITY
The president must be an owner or the appointment will be null and void. A limited company can be appointed. The president is the person or body who represents the community externally, and its most important individual, such that the other members of the community especially the secretary and administrator, are required to carry out his/her administrative orders and instructions, though this does not empower him to dismiss anyone, nor to take legal action or file claims, sack employees and approve works, without approval of the community.
Continue reading “COMMUNITY – Governing bodies and owner representation: Questions and answers (II)”
In this article we consider issues frequently of concern to new owners of a property in a building or complex subject to Horizontal Property rules and about which misunderstandings often cause problems with their new neighbours. Continue reading “COMMUNITY – Obligations of owners: Questions and answers (I) “
If you have decided to buy a second property anywhere in Spain, or would like to make Spain your permanent home, you should take the following into account: Continue reading “GUIDE TO BUYING PROPERTY IN SPAIN”
The question is: Can I rent my apartment for weekly holiday lets in the Canaries?
Weekly rental via advertising (internet, press, estate and travel agencies, etc) is considered as a commercial rental or use other than residential, and this activity falls within the exclusive jurisdiction of the Canarian Government, for which reason it is regulated by regional legislation.
Before privately offering an apartment as touristic accommodation you must be aware that Canarian law imposes heavy financial penalties for this type of tourism operation when it is carried out illegally. Continue reading “HOLIDAY RENTALS”
It might seem obvious, but the first thing to be aware of is that rentals in Spain are legislated differently to the way they are regulated in other countries. Never assume that the way you rent your property and the contracts that you use in your country are valid in Spain. Continue reading “GUIDE TO RENTING PROPERTY IN SPAIN”
The following looks at the steps that must be followed in the event of the death of a family member who owns property or has interests in Spain.
PERIOD OF TIME:
The first thing to bear in mind is that bureaucratic procedures must be completed within six months of death. Where there is a delay, an extension of a further six can be requested in writing from the tax authorities. Failure to complete the procedures in the legal time periods will result in surcharges and penalties.
It is advisable, therefore, to engage a specialist professional to avoid problems and delays Continue reading “FOREIGNERS’ INHERITANCES IN SPAIN: TAXES AND PROCEDURES “
In this article we analyse the situation of people from countries which are not EU member states, and who move to Spain to reside on a temporary or permanent basis. We also give a simple overview of the basic procedures to be able to reside in Spain.
Living in Spain for a period of not more than 90 days is known as estancia (a visit) and when the period is over 90 days it is called residencia (residence).
Residence can be of short or long duration. In order to acquire legal residence certain criteria must be complied with and administrative authorizations obtained, and for these you will need a passport or identity-accrediting travel document, VISA or ID card, as applicable.
Continue reading “VISIT AND RESIDENCE IN SPAIN AS NON-EU NATIONALS”
Once we have made the decision to buy a second home in Spain, we can consider the following issues:
If one of the owners dies, are the procedures difficult? How much tax will the heirs have to pay? There are often cases where the heirs don’t have the means to go through the legal procedures and pay the taxes in their own country, and then again in Spain … and so, what do we do?
We can make two suggestions:
Continue reading “GIFTS AND HOLDING COMPANIES: FISCAL ADVANTAGES AND PROCEDURES”
Quite often we get enquiries from someone who has bought a second home in Spain with their partner, friends or family, and who for various reasons cannot or does not want to continue with their co-ownership.
Spain’s legal system offers a judicial solution for those cases where one of the co-owners refuses to sell given that no-one is obliged to continue in joint ownership: the wish of one co-owner to sell obliges the fellow owners to sell as well.
Here we look at two solutions to this problem.
Continue reading “DISSOLUTION OF JOINT OWNERSHIP”
If you have bought a property off-plan, or are thinking of buying one, you need to be aware that the law in Spain changed in 2016 and this might affect you.
Building Regulation Law (Ley de Ordenación de la Edificación – LOE) came into force on 1 January 2016, and it introduced important changes for off-plan buyers.
Principally, it cuts the period within which those who have not yet taken possession of their property can reclaim their deposits from the promoters and banks which received them without providing the legally-required guarantees. Before 31 December 2015, Law 57/1968 of 27 July established a period of 15 years from the agreed delivery date for reclaiming a deposit for breach of contract (when the property was not handed over by the contracted date or when there was a significant delay in handing it over).
Continue reading “RECOVERING DEPOSITS FOR OFF-PLAN PURCHASES”