Real Estate Law
Our law firm assists you with all matters relating to your property in Spain. When purchasing a property, we not only handle the entire transaction with sellers, notaries, the Land Registry and other parties involved, but also provide a comprehensive legal and tax assessment of the property before the purchase.
- Pre-purchase Due Diligence.
- Management of Property Purchases.
- Personal Use of Your Property.
- Rental of Your Property.
As tax advisors in Spain, we not only take care of filing your tax returns after the purchase, but also represent you before the Spanish Tax Agency as your appointed tax representatives. Through this appointment, our firm receives all relevant tax notifications directly and electronically, enabling us to represent you in all tax-related matters.
In this section, you will find detailed information on the various aspects of property ownership in Spain, as well as our service agreements.
1. Legal Due Diligence Regarding the Legal Status of the Property.
Through our Due Diligence process, a risk assessment carried out with due care and diligence, we analyse the legal and tax situation of the property and identify potential risks. This preliminary assessment is particularly important in Spain, both for determining the purchase price and for ensuring the buyer's legal protection.
Our firm not only handles the purchase transaction with sellers, notaries, the Land Registry and other parties involved, but also provides this essential legal assessment of the property beforehand. This service includes obtaining an up-to-date Land Registry extract and the current cadastral graphical description of the property.
Our Services:
- The legal verification of the property, including confirmation of the current owners or sellers, their legal entitlement to sell the property and its ownership status. We also examine any registered rights in rem and encumbrances, such as mortgages, rights of way or building restrictions.
- Verification of the consistency between the information recorded in the Land Registry and the Cadastre (including obtaining an up-to-date Land Registry extract and the current cadastral graphical description). We provide precise figures and calculate the percentage of correspondence between the two records.
- Assessment of the property's planning and building legality based on the documents obtained, together with relevant recommendations. This includes requesting and reviewing, among other documents, the first occupancy licence or certificate of habitability and, where applicable, building permits, construction plans and other relevant documentation.
- Verification of the documentation provided regarding payment of Property Tax (IBI) and waste collection fees, among other charges.
- Assessment of tax-related aspects and determination of the property's cadastral reference value (valor de referencia catastral), which, depending on the circumstances, may be used as the taxable base for Property Transfer Tax.
- Simulation of the tax obligations in Spain following the purchase of the property. We will provide written confirmation of whether you are liable for Wealth Tax even if you reside abroad, the annual tax payable on imputed property income if the property is not your main residence (Form 210), and the amount of the annual local Property Tax (IBI).
- Where the property forms part of a condominium or community of property owners (usually apartments or residential complexes), we will request a certificate from the community of owners before the notarial signing, confirming that there are no outstanding debts. Where available, we will also review the community's bylaws and the minutes of recent owners' meetings to identify potential restrictions and future special assessments.
- If you are considering renting the property to tourists in the future (holiday rentals), we will check whether the necessary licences or rental registration numbers have already been issued, whether they are registered with the relevant regional authorities and whether the required Land Registry authorisation is in place. If the property is not currently used for holiday rentals, we will assess whether such use is generally permitted (without conducting a detailed examination of local restrictions).
- Under normal circumstances, you will receive a final written summary of the findings within 10 working days.
- You may discuss the findings in a final consultation by telephone, in person or via Teams with lawyer Christoph Sander or lawyer Maria Santos.
2. Drafting the Purchase Agreement and Managing the Property Purchase.
When purchasing property, it is particularly important to have an independent professional by your side who, unlike the seller or estate agent, has no direct financial interest in the transaction. We represent and advise you throughout all the essential stages of the purchase, including negotiations with sellers, signing before a notary and registration with the Land Registry and Cadastre.
Our firm not only reviews or drafts your purchase agreement, but also represents and advises you at every important stage of the property purchase, including negotiations with sellers, the notarial signing and registration with the Land Registry and Cadastre.
Whether negotiations and administrative procedures are conducted in Spanish, English or German is of little concern to you, as we will always provide advice in German and, upon request, translations of all relevant documents.
Our Services Include:
- Assistance, where necessary, with applying for the Spanish Foreigner Identification Number (N.I.E.) required for the purchase.
- Legal review or drafting of the bilingual purchase agreement, including negotiations with the sellers.
- Preparation and drafting of the notarial deed of sale and purchase and, where applicable, accompaniment to the notary's office.
- Filing the Property Transfer Tax return when the property is located in Andalusia.
- Filing the tax return relating to the withholding applicable when purchasing property from non-resident sellers.
- Negotiations and administrative dealings with sellers, notaries and the Land Registry within the province of Málaga are included.
You will find all further details clearly and transparently explained in our service agreement 
3. Property Rentals
Holiday Homes and Holiday Apartments
Our firm not only assesses which licences are required, provides advice and handles the application process, but also assists you with all subsequent steps. We prepare the rental agreement, the guest registration form (Hoja de registro) and all other documents necessary for renting out the property. We can also take care of filing the corresponding tax returns on your behalf.
Our Services:
- Advice and assessment of the licences required.
- Applications for licences or submission of the "Declaración responsable" (responsible declaration).
- Tax advice and filing of the corresponding tax returns.
- Drafting of bilingual rental agreements.
- Management of registration and reporting requirements with the police and the relevant administrative authorities (holiday rentals).
- Comprehensive information materials in German covering all requirements and administrative procedures.
Commercial and Residential Rentals
If you intend to rent your property to business owners or companies, we can manage, draft or review the rental agreement in Spanish, German or English. Upon request, we can also file the corresponding income tax and VAT returns on your behalf.
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