Torrox News – lawyer about new regulation for apartments with touristic purposes – lawyers Torrox, Torre del Mar, Axarquia

lawyer about new regulation for apartments with touristic purposes

Legal advice from  lawyers Torrox – Torre del Mar – Axarquia: New regulation for apartments with touristic purposes

Article co-sponsored by Malaga Estates.

Your lawyer lawyer about new regulation for apartments with touristic purposes. The Junta de Andalucía has just published the Decree 28/2016, which hereafter will regulate the functioning and controlling of the so-called ‘apartments with touristic purposes’ in Andalusia.

Based on the following list of characteristics it is possible to differentiate the apartments for touristic purposes, as defined by this rule, from others:
– They are located on land for residential purposes (it is not possible to establish them on land where urban regulation determines a service usage, such as, commercial, office or hotel purposes).
– There must be an established price for the accommodation.
– The service should be offered regularly and for touristic purposes.
– There are two modalities of apartments for touristic purposes: complete modality or per rooms.

Besides, the Decree highlights four cases where the regulation would not apply:

1. When there is no economical remuneration for the touristic accommodation.
2. When the booking period exceeds two consecutive months by the same user. In this scenario an existing regulation for Let will apply.
3. When the apartment is located on rural land, with its own specific rule.
4. When there are groups of three or more apartments that belong to the same owner or operator located in the same building or group of buildings, contiguous or not, since the regulation for ‘touristic apartments’ would be already in force.

From the 11th of May 2016, it will be necessary to register at the Andalusian Touristic Registry to be entitled to offer an apartment for touristic purposes. Nevertheless, a one-year period has been granted for the given apartments to meet the necessary requirements as outlined by the new regulation.

With this in mind, at our lawyers office we have highly skilled professionals who specialize in Real Estate and Urban Law and who can offer advice and help you to comply with the new regulations.

How to contact us regarding new regulation for apartments with touristic purposes

Fill out your name and e-mail address below and we will contact you.

    You can also phone us on +34 722 728 785 or +34-654 644 289 or send e-mail to jvandolder1970@gmail.com. Please mention reference lawyer Spain.

    The Importance of Drafting your Will before August 17/2015

    Will and testament in Spain – draft your wll before 17 August 2015 and let CS Abogados lawyers with offices in Torre del Mar and Torrox Costa assist you

    The European Council have been discussing improving the status quo and on the 4th of July 2012 a new legislation was passed, colloquially known as the Brussels IV. The new European Union rules now known as EU 650/2012 regulations are applicable to successions to all member states (ECS state) as of August 17th 2015. The UK, Eire and Denmark have opted out suggesting incompatibility between the differing legal procedures.

    Article sponsored by Malaga Estates.

    Expats in Spain can and this has been the case to date have the choice to apply either the law of nationality or the law of habitual residence to their succession. The habitual residency choice leaves many inconsistencies as to whether your habitual residence is in the country of residence or the country you were most associated with at time of death. In the latter case the law of succession of that country will govern the succession.

    The new regulation will be applicable to all assets in the EU. Mutual recognition of decisions relating to succession in the EU is ensured. Important to note that the regulation is binding and directly applicable in the Member States. Spain for example will be subject to these EU regulations.

    We at out lawyers offices in Torre del Mar and Torrox-Costa have received many enquiries about the drafting of wills in Spain, this has been in relation to the new EU regulations on Succession coming into force at midnight 16 August 2015.

    Drafting a will is one of the most important duties that you will undertake. Do not leave this to chance, besides the very important clause, there is also to matter of the translation.

    This will ensure that the law of nationality will be applied to assets in the Inheritance.
    For those concerned about these matters, should seek the advice of a lawyer with expertise on EU successions.
    Take note that wills of habitual residents who do not have the clause mentioned above written into their wills, that the inheritance will be executed under Spanish law on succession.

    Although the Regulation came into force in 2012, the provisions will not apply until 17th August 2015. That said, Wills can be prepared and executed now, but do take note that up to that date the will you will draft your will stating that you wish for the law of your birth country or nationality to govern your succession. Your present will remains valid if death occurs before midnight of the 16th of August of 2015. There is no guarantee that your wishes will be respected even if the clause is added. For peace of mind, contact with our English speaking lawyer with expertise in this field.

    How to contact us regarding drafting your will before 17 August 2015:
    1. Leave a message below this article
    2. Send e-mail to jvandolder1970@gmail.com
    3. Phone us on +34-654 644 289

    Lawyer about British will and testament in Spain – avoid the highly bureaucratic process and contact us with offices in Torre del Mar and Torrox Costa assist you

    Lawyer about British will and testament in Spain

    Lawyers Torre del Mar, Torrox Costa, Nerja, Axarquia and Malaga regarding British will and testament in Spain

    Have you considered writing a will?

    Spanish registered lawyer about British will and testament in Spain. A British will in Spain is recognised under Spanish law and under the Hague Convention. However, it can be a long, bureaucratic and complicated process for the beneficiaries to receive their inheritance. In addition it often results in expensive translation fees. If a Spanish will has not been made and registered in the Last Wills Central Registry in Madrid, your beneficiaries would have to go through this highly bureaucratic process.

    We are lawyers in Torre del Mar and Torrox-Costa and can help you to have a Spanish will in place. Our services are in English and Spanish but we also have staff that speak German, French and Dutch. Read below why it is important to have a Spanish will in place.

    In order to inherit from a British will in Spain, the beneficiary has to obtain a Grant of Probate which also requires translation and legalisation at the foreign and commonwealth office. It is advisable to have a Spanish will in place, as this will give you peace of mind that your chosen beneficiaries will receive what they are due.

    Let CS Abogados help you. With our experience in inheritance law, we can take away your worries and guide you through the process in a easy and pleasant way.

    Contact us now!

    Fill out your name and e-mail address below and we will contact you.

      You can also phone us on +34 722 728 785 oor send e-mail to jvandolder1970@gmail.com. Please mention reference lawyer Spain.

      Article co-sponsored by Spanish Real Estate Malaga

       

      We are your lawyers with offices in Torre del Mar and Torrox-Costa.

      CS Abogados lawyers Torrox-Costa have opened new office in Torre del Mar

      CS Abogados lawyers Torrox-Costa have opened new office

      CS Abogados open third office in Axarquía now having lawyers offices in Torrox-Costa, Marbella and Torre del Mar

      CS Abogados lawyers Torrox-Costa have opened new office again. Communication can be very difficult. However, at CS Abogados lawyers offices in Torre del Mar and Torrox-Costa we do our best to make communication between you as our client and ourselves as efficient and effective as possible. And this has a reason because the reason why you are our customer many times is related to something important or to an important moment in your life like a house buying process in Spain.

      We can assist you how to buy a a house in Nerja, how to buy a house in Torre del Mar, Torrox, Axarquia, Malaga or even in the rest of Spain. It is important to realize that the home buying process in Spain is different to the processes in many other countries. In Spain – for example – the notary plays a very important role on signing the deeds. Moreover many properties that are for sale in Spain are having problems with their documentation. Many times these problems can be rather easily solved but in order to succeed you need a registered Spanish lawyer who knows how to act given today´s changing laws and rules. Of course you could also choose a ¨gestor¨ (administrator) to help you, but what would happen if something goes wrong? What about the professional responsibility?

      From our various lawyer offices in Torre del Mar and Torrox we help you in English. Apart from English and Spanish we also have German, French and Dutch speaking staff

      Our new lawyers office in Torre del Mar is located almost opposite the Torre del Mar main bus station. Our old lawyers office in Torrox-Costa was founded in 2002. The current owner of our offices has had lots of experience in and has worked with dedication in the very high demanding area of real estate law. Since the beginning she has provided legal advice on both national and international level to more than 1,000 customers.

      The head lawyer who is in charge of both CS Abogados lawyers offices in Torre del Mar and Torrox Costa is always taking care of the client´s interests. She does this in such a high level as if she were the client herself. In other words: the job to be carried out is done at the same high level as if the job was to be carried out for herself.

      Regarding property purchase, renting (out), donations and property heritage, the objective is that your concrete needs to comply with Spanish law in all aspects, including tax related issues (capital transfer tax, taxes related to transfers and donations, VAT, tax declarations for non-residents, etcetera).

      The offices specialize in legal advice regarding new builts. This includes both normal new built declarations with the necessary building licence as well as the legal technical certificate on completion and – if applicable – a new built declaration to be issued based on age.

      Contact us now!

      Fill out your name and e-mail address below and we will contact you.

        You can also phone us on +34 722 728 785 or +34-654 644 289 or send e-mail to jvandolder1970@gmail.com. Please mention reference lawyer Spain.

        CS Abogados, lawyers serving you with the best legal advice possible from their offices in Torre del Mar and Torrox-Costa.

        Property buyers in Spain are confident again say lawyers offices in Marbella, Torre del Mar and Torrox-Costa province of Malaga

        lawyers office in Marbella, Torre del Mar and Torrox-Costa

        Foreign property buyers are confident again and start house buying processes in sites like Nerja, Torrox, Torre del Mar, Axarquia and Malaga

        Message from your lawyers office in Marbella, Torre del Mar and Torrox-Costa. Interesting prices for any type of investor in Spanish real estate varying from a simple village house to a luxury retreat or a mansion along the coast as well as safeguards in the Spanish judicial system make Spain an ideal place for foreigners to acquire a second residence. Spain´s general image has been improving since lawyers, notaries and mercantile or asset registrars all offer guarantees that did not exist in the past. Wherever you start your house buying process in Spain, our lawyers office in Torre del Mar and Torrox will help you how to buy a house in Nerja, Torre del Mar, Torrox, Axarquia or in any place in the province of Malaga or even in the whole of Spain.

        Now that prices are low, it is an excellent time to make a real estate investment

        However, non-Spanish buyers still have to fulfill a number of requirements.

        1. You need a Spanish tax number for foreigners
        This tax number is also known as the ¨NIE¨. You need this tax number in order to pay taxes and to get the property registered on your name. The laywers of our offices in Torre del Mar or Torrox-Costa will be more than happy to help you with your NIE-application.

        2. A percentage to be deposited in the Spanish Public Treasury
        The buyer is obliged to retain 3 percent of the property price if the seller is a non-Spanish and not fiscally resident in Spain. This amount can be claimed back by the vendor in a later stage. Please do not worry,  we will sort this out for you.

        3. Tax on capital transfers
        The buyer has to pay Spanish tax on capital transfers. At the moment of writing this article this is 8 per cent of the purchase price. However, since in Spain the taxable basis and acquisition values rarely match, the buyer has the option to pay taxes either on the fiscal or acquisition value. The Treasury Department will produce an additional assessment,which can be challenged in order to avoid overpayment of taxes on a higher current market value.

        If a property is acquired directly from a developer, the buyer only pays for document and registration fees at 1.5 percent of the total purchase, since the 10 percent IVA (VAT) would have been paid by the property developer.

        Contact us now!
        Fill out your name and e-mail address below and we will contact you.

          You can also phone us on +34 722 728 785 or +34-654 644 289 or send e-mail to jvandolder1970@gmail.com. Please mention reference lawyer Spain.
          Article co-sponsored by Malaga Estates.

          Do you want to start your home buying process in Spain?

          Let CS Abogados help you. With international experience since 2002 we are able to guarantee that your house buying process in Spain is going to be a pleasure as it should be. Maybe you are wondering how to buy a house in Nerja, how to buy a house in Torre del Mar, Torrox, Axarquia or anywhere in Malaga. Can you simply believe what the vendor or the estate agent tells you? Do not run any risk! No risk during the home buying process in Spain and – even much more important – no risk AFTER your house buying process in Spain! Our lawyers will help you from their office in Torre del Mar or Torrox-Costa.

          How to buy a house in Spain – lawyer Torrox Nerja Torre del Mar about home buying process lawyers in Torre del Mar, Torrox, Nerja, Axarquia and Malaga

          lawyer Torrox Nerja Torre del Mar about home buying process

          How to buy a house in Spain – avoid problems by contracting the right people

          .

          Best legal advice concerning how to buy a house in Nerja, Torre del Mar, Torrox, Axarquia, Malaga or anywhere in Spain. Because of the many problems with property documentation in Spain due to many reasons that vary from ignorance to corruption in the past, it is best to follow these steps when buying a property in Spain. The notary is having an important role when buying a house in Spain. For the rest we would advice you to contract a Spanish registered lawyer. Some people contract an administrator (¨gestor¨) or just somebody who speaks both Spanish and English. This is not the wisest thing to do! Apart from somebody that speaks decent English you will need somebody that will guarantee that you will not run any risk, not only during the home buying process but also after the house buying process.

          STEP 1: RESERVATION OF THE PROPERTY
          In Spain everybody is allowed to offer houses for sale. You will notice that ¨your¨ house may also be for sale through other local and even nation-wide estate agents. But offering houses for sale is allowed to any person who made an agreement with the seller. Think about the local shop, the local bar owner, a house wife working from home on the internet. For this reason we strongly recommend you to formalise your offer on the property paying an amount to be agreed on your lawyer´s clients account. He or she will than make sure that the vendor will remove the property from the market, thus protecting your interest to purchase.

          STEP 2: SEARCHING PROCESS
          Whilst the property is “reserved” in your name, your lawyer will carry out all the necessary searches and investigations of the property with the corresponding authorities in order to ensure that the property you are purchasing is legal and free from any charges, debts or encumbrances. You will also get the guarantee that the property has the necessary Title Deeds and that the vendors are the rightful owners. You may already see: many bad stories we have all seen in the international press regarding (serious) problems that can arise when buying property in Spain can simply be avoided if you contract the right professionals that will help you how to buy a house in Torre del Mar, Torrox, Nerja, Axarquia, Malaga or anywhere in Spain!

          STEP 3: PRIVATE CONTRACT
          Once the searches are complete, and we are absolutely certain the property is legally declared in the best conditions to purchase, a Private Contract is prepared and signed by both buyer and seller. This private contract sets out all the details of the agreement, payment terms and completion date. During this stage the buyer puts down a non-returnable deposit, which is usually 10% of the purchase price, less the holding deposit paid at the reservation stage. At the same time, we collect our professional fees (plus VAT) the balance to be paid upon completion. Should it for any reason not be possible to sign the Private Contract at this stage , we would collect only half our professional fees. Important detail: thanks to this Private Contract you will be well-protected: if the vendor cannot deliver the property within the conditions stated in the Private Contract, you have got the right to get your deposit refunded in full plus an additional damage restitution of the same amount.

          STEP 4: COMPLETION
          The Spanish Notary plays an important role in this stage. Buyer and vendor sign the title Deeds (Escritura de compraventa) of the property in his or her presence. The Notary is an official of the State who makes sure that the contracts are legal. His or her duty is to certify that the contract has been signed, the money paid and the purchaser and seller have been advised of their tax obligations.

          STEP 5: FINAL TITLE AND REGISTRATION
          You have become the owner of the property now. While you may be celebrating your successful purchase drinking champaign or start moving in, we will do the final step: we will register the property at the Land Registry office so that you will appear as the new legal owner. It usually takes about three months to get the necessary document returned from the Land Registry Office. We collect this document for our clients.

          On your behalf we also change the following bills within our standard service

          Water, electricity, community Fees (if it exist), council tax, rubbish invoice, etc.

          Contact us on jvandolder1970@gmail.com or on +34-722 728 785.
          If you wish you can also leave a comment below. Article co-sponsored by Malaga Estates.

          You now know the general steps on how to buy a house in Nerja, Torre del Mar, Torrox, Axarquia, Malaga or anywhere in Spain.

          Let our lawyers  in Torre del Mar, Torrox, Nerja, Axarquia and Malaga assist you during your house buying process in Spain

          . No risk during the home buying process and – even far more important – no risk AFTER the house buying process!