REAL ESTATE LAW

REAL ESTATE

Do you have inquiries concerning real estate in Spain?

Whether you are an individual or a company seeking to invest in real estate or facing issues with your property, Delaguía&Luzón is your go-to firm.

From acquisition to management, Delaguía&Luzón is here to assist you. Whether you are an owner, co-owner, or tenant, our firm can offer counsel and help you discover the best solutions.

There are numerous administrative procedures involved in property acquisition and management, and our firm can assist you in navigating them, ensuring compliance with the law and thus securing the long-term sustainability of your real estate project

Property Acquisition

I. Prior to Property Purchase:
Selecting the Ideal Location:

Valencia, being the third-largest city in Spain after Madrid and Barcelona, presents a strategic choice for real estate investments. It offers not only rental opportunities but also options for purchasing second homes.

Legal Compliance:
At Delaguía&Luzón, we provide you with our experienced lawyers and legal advisors, whether you are seeking foreign investment in Spain, Spanish investments abroad, or local real estate. Real estate acquisitions are carried out in accordance with prevailing legislation on urban contracts and taxation. It is also our responsibility to anticipate any potential issues that may arise.

Therefore, we offer guidance in the following pre-acquisition procedures:
  • Reports on the legal status prior to the purchase of properties in Spain
  • Information on urban conformity prior to investment
  • Assistance and advice in notarial and administrative procedures, as well as all matters related to tax settlement
  • Non-resident declaration (model 210) and guidance on fees and taxes from various entities: City Hall, AEAT (State Tax Administration Agency), SUMA (Regional Tax Administration Agency)
  • Verification of activity and construction licenses for land and buildings
  • Drafting of private sale and purchase contracts
This list is not exhaustive, and we tailor legal checks and procedures to your property and personal situation.

II. After Property Purchase:
Anticipating Potential Issues:

Our work is grounded in adaptability, whether problems arise unexpectedly or are foreseeable.

Thus, during the 2020 pandemic, we were able to promptly address the application of the "rebus sic stantibus" clause to lease agreements in an exceptional context.

Likewise, we can affirm that foreseeable issues posed by a real estate project are already being considered by our team. They will be handled with the same expediency as unforeseen problems.

From lease contract formation to litigation:

If you intend to lease your property, it is important to note that, contrary to popular belief, drafting such a contract is legally intricate.

Its composition requires technical knowledge, both in terms of legal compliance and judicial interpretation. With over 25 years of experience, each of our attorneys possesses sufficient expertise to address misinterpretations or abuses by the judge or the other party.

The services we offer are designed to provide comprehensive support from A to Z.

Following property acquisition, we offer the following services:

  • Drafting lease contracts for residential or commercial properties.
  • Advice on lease agreements, legal counsel, and conflict resolution between landlords and tenants at the time of lease termination.
  • Assistance in co-ownership and neighbors' meetings.
  • Legal counsel in boundary disputes (property limits), easements, electricity, water supply, usufruct, community and property conflicts, co-ownership, etc.

REAL PROPERTY RIGHTS AND PROPERTY REGISTRY

Use and Enjoyment of Real Estate:

Real property rights encompass the rights a person has over a thing; they can be total or partial. They pertain to:

  • Ownership.
  • Possession.
However, they are not limited to these two, as they are also demanded in matters such as:
  • Establishment or denial of easement rights.
  • Electricity.
  • Water supply.
  • Usufructs.
  • Co-ownership and its division.
These are just a few of the areas where we can offer our assistance and guidance.

VERTICAL CO-OWNERSHIP
Specifics of Spanish Law:

In France and all European Union countries, it is common to use horizontal co-ownership regulations. In Spain, however, buildings are subject to vertical co-ownership. Therefore, it is essential to understand the specifics of Spanish law, and we propose to assist you with the following tasks:

  • Distinguishing between private and common elements.
  • Identifying different rules for different buildings, within the limits allowed by the law.
  • Continuing the fight against abuses by certain co-owners.
  • Establishing the roles of the president.
  • Establishing the roles of the general assembly.
  • Establishing the roles of urban property administrators.

Contentious or non-contentious proceedings.

In our firm, we will offer you all our advice in this area, as well as the possibility to act on your behalf in meetings if necessary.

Naturally, we are prepared to advocate for your interests in case of litigation.

Please do not hesitate to contact Félix de la Guía if you have any questions in this regard.

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