Construction in Spain. Process and legalisation of properties of Spanish constructions
Spain is one of the top countries in the world for property and real estate development for foreign investors. Areas as Madrid, Barcelona, Valencia, Alicante, Costa Blanca, Murcia, Costa Cálida, Almería, Málaga, Costa del Sol, Granada, etc., are oftenly chosen by foreign investors to invest in property market. As lawyers experts in property and […]
Process of Expropriation in Spain. Can your Spanish property be expropriated?. How?
Expropriation in Spain: Legal Framework, Process, Compensation, and Reversion Rights Expropriation is legally defined as the process by which a public authority acquires private property without the owner’s consent, provided that such acquisition is justified by the purpose of public utility or social interest and subject to fair compensation. In legal terms, few state […]
Legalizations Spanish constructions without license-Valencia-Catalonia-Andalousie
In the Spanish legal and administrative framework, the existence of constructions built without the appropriate municipal building permit (licencia de obras) has long posed a complex challenge for property owners, legal practitioners, notaries, registrars, and public authorities alike. Whether due to oversight, ignorance of the legal requirements, or a desire to circumvent regulatory controls, […]
REGISTRATION OF ILLEGAL BUILDINGS – FUERA DE ORDENACION
General aspects Spanish regulations establish that, in order for a construction to have access to the property registry, notaries must require that the building license be provided, and all the construction documentation, including the final work certificate, etc. This is what Royal Legislative Decree Seven/2015 of October 30 says (consolidated text of the land law) […]
Essential aspects to consider on property transactions. Certificate of Habitation, non infraction, cadastre
Essential aspects to consider on property transactions. Certificate of Habitation, non infraction, cadastre Essential Legal and Technical Checklist Before Buying or Selling Property in Spain 1. Check the Property Description and Documentation A. Title Deeds (Escritura) Verify How the Property Is Registered: Ensure the title deed accurately reflects the current state of the property. […]
Differences between “Certificado de Antiguedad” and “Certificate of Habitation”
When buying, legalizing, or registering a property in Spain, understanding the difference between the “Certificado de Antigüedad” and the “Certificate of Habitation” (also called Licencia de Ocupación) is essential. Both are often required in property transactions, but they serve different purposes and are issued by different authorities. Below we explain what each certificate is, […]
Understanding DAFO – Legalization of properties in Andalucia
Legalization of properties without building license in Andalucia Introduction: The Landscape of Construction in Andalucía Andalucía, a region known for its rich cultural heritage, stunning landscapes, and historical architecture, has also seen significant growth in construction over the past decades. This growth includes not only new developments but also a variety of properties built outside […]
Understanding Urban Land in Spain: Consolidated, Non-Consolidated, and Semi-Consolidated Plots
In previous reports, we have outlined the differences between urban land and rustic land in Spain. However, when it comes to urban land, it is essential to understand that not all urban plots are equal in terms of legal certainty, development rights, and obligations towards local authorities. This report aims to provide a detailed […]
Update of property deeds – Declaracion de Obra Nueva
This is a process done in front of a Spanish Notary, who will prepare the deeds of the house over the pre-existing land or plot. To make the D.O.N. for new houses, it will be necessary to obtain the Certificate of Habitation (CH) from the new Spanish Regulations of 2007 (Ley del Suelo de 2007). […]
Increase of previous years Council Tax (IBI) for undeclared constructions
When you own a property in Spain, it’s crucial to ensure that all constructions, including any extensions or modifications, are properly declared to the Cadastre (Catastro), the official register of property for tax purposes. Failing to do so can lead to unexpected tax adjustments and financial liabilities, particularly when you decide to sell the property. […]