Buying property in spain for foreigners: Complete guide

If you’re considering buying property in Spain as a foreigner, whether you’re Canadian, American, British, European or from any other country, you’ll need a valid passport, the NIE number (Spanish Tax Identification Number for foreigners) and a Spanish bank account.

We strongly recommend engaging an independent and bilingual lawyer to facilitate communication and ensure a smooth transaction during the conveyancing process for foreign property purchases.

In the process of buying property in Spain as a foreigner, several crucial steps establish the foundation for the negotiation.

Firstly, there’s the offer and acceptance of the purchase, followed by the reservation agreement. 

Subsequently, a due diligence phase, involving a comprehensive legal report prepared by our experts, ensuring clarity and transparency.

Afterwards, the purchase private contract is executed.

Then comes finalisation, where the balance is settled and the keys are handed over.

Throughout this process, we provide guidance on the taxes involved in the purchase procedure, ensuring compliance with all obligations. Additionally, we offer post-purchase tax advisory services to address any further tax considerations that may arise

If you’re a Non-European foreigner wishing to apply for a visa in Spain, we’ll guide you through the different visa options, such as the Golden Visa, Non-Lucrative Visa, Digital Nomad Visa, etc. On the other hand, if you’re a part of the EU, we’ll assist and guide you through the entire process of obtaining tax residency in Spain.

Embarking on the process of buying property in Spain may seem quite hard, but with the right help, it can become fun and exciting. We invite you to explore the process of buying a property in Spain as a foreigner, where you’ll uncover essential requirements and documentation to ensure a secure and risk-free investment. Explore further in the following comprehensive guide:

Reasons to buy in Spain

Spain stands out as a premier destination for real estate investment within Europe, boasting a strategic location, robust infrastructure and a wealth of historical and cultural treasures. Its importance is further enhanced by a steady influx of tourists under the protective umbrella of European Union membership.

Geographically, Spain enjoys a prime position, serving as the most accessible European country from the Americas and hosting three of Europe’s busiest airports. Its connectivity extends to neighboring nations like France and Portugal, while serving as a gateway to the Mediterranean and North Africa. The country’s extensive transportation infrastructure, including top-tier airports, high-speed rail networks and an extensive road system, underscores its investment appeal. Such infrastructure not only facilitates capital appreciation in real estate but also ensures essential amenities such as medical facilities and communication networks are of high quality.

Owning property in Spain provides the opportunity to partake in the nation’s Golden Visa program. This initiative grants residency permits to investors, facilitating seamless travel and business prospects within the Schengen area.

Climate

Spain’s climate is notably diverse, influenced by its geographical location. It features four distinct climate zones. The Continental Climate is Spain’s predominant climate, excluding coasts and mountains. Cold winters with snow and most rain in late spring. Summers can be hot, especially in the North. The Mediterranean climate is active in about one-fifth of Spain with mild winters and varying summers. Temperatures are moderate with little variation.

The northern coast and Galicia dominate the Oceanic Climate with heavy rainfall, lush landscapes, warm summers, and mild winters with consistent rain.

The Mountain Climate is found in Sierra Nevada and the Pyrenees. Cold winters, mild summers, frequent snow and strong winds. The Arid Climate In Murcia and southeastern Almeria is hot, dry with minimal rainfall and semi-desert conditions.

Attractive property prices

One of the primary attractions for foreigners considering property investment in Spain is its comparatively affordable real estate market. Unlike several other first-world countries, Spain’s housing prices remain notably lower, largely due to a slower recovery from the economic downturn post-2008.

In contrast to leading EU and non-EU nations such as Germany, the United States, the United Kingdom and France, Spain offers a more economical option for property acquisition, individuals with average purchasing capabilities abroad often find themselves in a favorable position to secure property in Spain with desirable features, potentially beyond what they could afford in their home country.

This attraction favors not only investors but individuals seeking holiday homes, retiring or telework from Spain.

Potential for high rental yields

The amount of money you make from buying a house and renting it out in Spain has gone down a little bit in 2023 compared to the previous year. In 2022, you could make 7.2% of the house’s value each year, but now it’s slightly less at 7.1%. However, even with this slight decrease, it’s still better than what you could earn from investing in government bonds, which are currently giving a return of 3.1%.

A study by Idealista, shows that offices are still the best type of property to invest in for making money. If you buy an office in Spain and rent it out, you can make a profit of 11.8% of the office’s value each year. This is a bit lower than the 12.9% you could have made a year ago, but it’s still pretty good. Other types of properties like commercial shops offer returns of around 9.9%, which is slightly higher than before and garages offer returns of 7.2%, which is a bit better than last year.

With a rental yield of approximately 7% on properties, favorable location, strong capital growth prospects and high demand from tenants, Spain offers potential for high rental yields.

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This study at Idealista also states that Lleida offers the highest rental return at 8.5%, followed by  Murcia (7.9%), Huelva (7.3%) and Málaga (7.22%). Conversely, San Sebastián has the lowest profitability at 3.8%, followed by Pamplona (4.7%) and Cádiz (4.7%).

In Madrid, profitability stands at 5.2%, while in Barcelona, it reaches 5.9%.

Do you need a professional help for buying a property in spain for foreigners?

buy property in spain

Understanding the Spanish real estate market

The impact of cumulative interest rates, particularly on the real estate sector, remains uncertain. Nonetheless, several countervailing factors are anticipated to support housing demand and prices, particularly in economically vibrant regions. CaixaBank Research identifies these factors as follows: a robust labor market, as per the EU-LFS; decreasing inflation; wage growth (approximately 4%-5% in 2023 and 3.5%-4% in 2024); and significant migration flow, with the National Statistics Institute estimating an increase of about 490,000 people per year in the foreign population for 2023 and 2024.

Economically vibrant areas such as Madrid, Barcelona, Málaga  and Valencia boast the highest return on investment figures. Balears Region has the highest property price per square meter. Understanding the dynamics of the real estate market in Spain, conducting thorough research in advance and seeking local professional help will facilitate successful property conveyancing procedures and enable prudent investment decisions.

Read about real costs associated with purchasing a property in Spain and the common mistakes made when approaching real estate procedures.

Market trends

Published by the Statista Research Department, Spanish Property Market experienced a prolonged period of steady growth in real estate prices until the market faced the impact of the global financial crisis of 2007, leading to the collapse of the Spanish property bubble. However, house prices have gradually recovered, and by 2023, the average price per square meter reached only slightly below the levels seen in 2008

Yolanda Fernández, Director of Studies at RR Acuña predicts that the nominal price of housing will continue to show resistance to decline due to the shortage of new construction and the absence of oversupply. For 2024, they anticipate a moderate price increase of 1.5% and a rate close to 3% for new construction. That said, Ferran Font, Director of Research at pisos.com, discusses the concept of the “invisible discount”. According to data from Fotocasa, at the time of negotiation, 76% of buyers admit to having obtained a discount below 10%, while 15% of buyers claim to have obtained a discount between 10% and 15% off the initial price.

Regional price variations

Following the significant decline in house prices from 2008 to 2014, the recovery path has diverged across regions in Spain, leading to varying price trends.

According to Idealista‘s 2023 report on price variations across regions, there has been an overall 8.1% increase in property prices, with the average price reaching €2,042/m2.

The Balearic region boasts the highest property prices for 2023, standing at €4,083/m2, marking a 12.7% increase from the previous year. Madrid follows closely at €3,208/m2, experiencing a relatively lower-than-average increase of 4.8% from 2022. Additionally, Catalonia, Euskadi, Andalucia, and the Canary Islands are among the top ten regions with the highest property prices.

On the other hand, regions with the lowest property prices start with Castilla-La Mancha at €917/m2. Extremadura closely follows at €959/m2, showing a modest increase of 1.2% from 2022. Aragón, Asturias, Castilla y León, Comunitat Valenciana, Galicia, and the Murcia Region also feature among the top ten regions with lower property prices in Spain.

Popular locations for foreigners

According to the Spanish Statistical Office, expatriates from various countries comprise 12.8 percent of Spain’s total population, making it one of the world’s leading immigration destinations. Ranked fourth in Europe for immigration numbers, Spain attracts immigrants from diverse backgrounds. As explained in our previous entry post “Best places to buy property in Spain? UK nationals favor regions such as Madrid, Barcelona, Alicante, or Málaga. Swedish nationals tend to gravitate towards tourist destinations like Nerja, Mijas, Torrevieja, Marbella, Orihuela, La Palma, Málaga and Alicante. French nationals predominantly settle in Barcelona, Alicante, Castellón, and Valencia.

According to Expatica reports, taking into account the total expatriates in 2023, Madrid and Barcelona are the top two preferred locations, followed by Valencia, Seville, Bilbao and Málaga in sixth place.

Do you need a professional help for buying a property in spain for foreigners?

Legal and Financial considerations

Prior to buying a property in Spain, it’s advisable to engage the services of a property solicitor to perform thorough legal checks, thereby mitigating any potential risks associated with the transaction.

Tejada Solicitor specialises in verifying that the property meets all legal requirements and offers continuous guidance throughout the property conveyancing process. We highly recommend that your property solicitor conducts the following legal checks:

  • To ensure the property’s registration accuracy in the Property Registry, including its description and boundaries, it’s essential to obtain a Spanish Nota Simple.
  • Verify that the property is free from liens, mortgages and fully compliant with all tax obligations.
  • Confirm the absence of any tenants occupying the property.
  • An architect will also ascertain the existence of any urban planning files and planning licenses associated with the property.
  • For properties located in Andalusia, particularly on rustic land, verification of SWOT or AFO certificates is necessary. This process entails the regularization of homes situated on rural terrain.
  • Ensure that property tax (IBI) payments are up to date and that there are no outstanding dues.
  • Confirm the proper registration and current status of all utilities, along with timely payments for the previous year.
  • Assess that there are no outstanding debts with the community of property owners.

Regarding financial considerations, our recommendation is straightforward: undertake financial planning and based on your budget, select the most advantageous option for you. For instance, if interest rates are lower in Spain than in your home country, it might be a favourable time to apply for a mortgage in Spain.

Both expat residents and non-residents, including foreigners over 18, are eligible for mortgages in Spain. However, non-residents often face stricter eligibility criteria compared to residents

Legal requirements

If you’re considering buying property in Málaga, you’ll need a valid passport, the NIE number (Spanish Tax Identification Number for foreigners) and a Spanish bank account.

The NIE, or Foreigner Identification Number, is necessary for buying property in Spain. This means that even if you’re not a tax resident in Spain, you can acquire property in our country with only the requirement of an NIE.

Once the property purchase is completed, you’ll need to have a bank account in Spain. This account will be essential for setting up direct debits for utilities and taxes after the property purchase. We always advise our clients to open the account one month prior to the signing of the purchase deed. This allows for immediate processing of utility and tax contract changes and the subsequent direct debiting of bills from your Spanish account.

Tejada Solicitor can assist you in obtaining the NIE and opening a bank account in Spain. All we need is to sign a general Power of Attorney so that we can act on your behalf, making the property purchase process much simpler, stress-free and worry-free.

Tax implications

One crucial aspect of property transactions is understanding the total cost of buying. Ensure that your property lawyer provides comprehensive information regarding all expenses and taxes associated with the purchase, both currently and in the future. Here’s a breakdown of the typical costs and taxes involved in a purchase:

  • VAT(IVA) or Stamp Duty in Spain: 7% for existing properties. For new properties, you’ll typically pay 10%, plus an additional 1.2% for documented legal acts.
  • Notary Fees.
  • Land Registry Fees.
  • Legal Fees for purchasing a property. You can inquire about our rates without any obligation.

Following completion, our services continue as we assist in transferring the ownership of various utility contracts (water, electricity, wifi, gas, etc.) and ensuring the payment of property-related taxes. These payments will then be seamlessly managed through your Spanish bank account.

Additionally, there are ongoing fixed expenses that you’ll need to budget for:

  • IBI (Property Tax, a local tax).
  • Utilities (water, electricity, gas, community fees, wifi, etc.).
  • Rubbish Tax.
  • For non-residents: The non-resident tax, payable annually.
  • For expatriates who are tax residents in Spain: Personal Income Tax. As a tax resident in Spain, your worldwide income, including pensions, dividends, income from work, and capital gains, will be subject to taxation. Given the international nature of this taxation, we’ll apply the double taxation agreements between Spain and your country of origin to optimise your tax liabilities

Mortgage options available to foreigners

When considering mortgage options in Spain as a non-resident, it’s essential to evaluate both the interest rates and additional fees associated with each loan. While loans with lower interest rates may appear attractive, they could entail higher fees, potentially inflating the total mortgage cost.

Negotiating mortgage rates is crucial to securing the most favorable deal. It’s advisable to compare offers from multiple lenders before making a decision. According to a report by Homeinvest, Sabadell is a popular choice among non-residents seeking mortgages in Spain. They provide various mortgage options with competitive rates and favorable terms. Additionally, Cajasur offers excellent mortgage deals for purchasing homes in Costa del Sol and nearby Andalusian coasts.

Buying property in Spain as a Canadian

For Canadian citizens considering investment or residency in Spain, the Canadian government provides a website offering useful links and information. Additionally, Facebook groups like “Canadian Living in Spain” offer invaluable assistance to Canadians researching successful relocation to Spain. If you’re visiting or planning to reside in Malaga, we recommend exploring the “Paseo de la Canadienses” for its scenic beauty.

Spain presents an ideal destination for Canadian expatriates seeking sun, sea and an exceptional quality of life. With its warm and welcoming climate, healthy gastronomy and stunning beaches, Spain offers an unmatched lifestyle. Moreover, our first-rate healthcare system provides the peace of mind necessary for worry-free living

Through the Golden Visa program, individuals investing more than €500,000 can secure Spanish residency. Whether you’re seeking a permanent residence, an investment property for tourism rentals or simply a vacation retreat, understanding the steps, taxes, and associated costs is paramount.

Here are the essential steps for prospective investors:

  • Obtain your Foreigner Identification Number (NIE).
  • Open a bank account in Spain to facilitate payments.
  • Explore the property market to find your ideal property and negotiate terms with the seller. With the support of local agencies, international real estate firms and platforms like Idealista, there’s a wealth of options available.
  • Once you’ve found the property that meets your expectations, submit your offer and consult with a lawyer before signing the reservation contract..
  • Hire a lawyer specialised in contract drafting, document preparation and property registration. At Tejada Solicitors, we offer tailored legal, immigration and tax services for Canadian expatriates. As experts in international taxation, Canadian residents in Spain receiving income from Canada must adhere to the existing double taxation treaty between Spain and Canada.

Interesting read  Golden Visa in Spain  

Buying property in Spain as an American.

The Huffington Post from the United States has recently published a very interesting article detailing 20 compelling reasons to travel to Spain. In addition to these, we’ve identified further incentives for residency, quality of life and the renowned healthcare system, which ranks among the best in Europe. Accessible food markets offering fresh, high-quality products for every budget, known as the Mediterranean diet, have also been highlighted, as confirmed by American resident Rachel Anne residing in Spain.

A growing number of American citizens are expressing interest in settling in Spain. The Golden Visa program allows individuals to obtain residency by investing over €500,000 in Spanish properties, whether for personal use as a primary residence, as a secondary home for vacation purposes, or for tourist rental purposes.

For American citizens seeking to telecommute or live in Spain based on their income, like pensions, options such as the Non-Lucrative Visa or the Digital Nomad Visa, which do not require substantial investment, are available

Acquiring a property in Spain is a process that requires guarantees. We strongly recommend engaging a reputable law firm proficient in property conveyancing, visa applications and tax advisory services. Essential steps for prospective investors typically include obtaining a NIE (Foreigner Identification Number),opening a local bank account, identifying the ideal property, signing a preliminary contract and subsequently formalising the transaction through a public deed.

Property Conveyancing

At Tejada Solicitors, we specialise in providing comprehensive legal services tailored to American expatriates, including property acquisition, immigration matters and tax advisory services. Given the significance of tax implications, particularly for those considering permanent residency, we emphasise the importance of conducting thorough tax planning assessments beforehand. We advocate for informed decision-making before initiating the relocation process from the USA to Spain, as outlined below:

Under Article 9 of the Personal Income Tax Law, individuals residing in Spain for over 183 days or with primary financial interests in the country are obliged to become tax residents and to comply with the following tax obligations:

  • Personal Income Tax (IRPF) – Form 100: Your worldwide income is taxable in Spain. To avoid double taxation, it’s essential to establish a double tax treaty between Spain and the United States.
  • Declaration of Assets –Completion of Form 720 is mandatory for every individual and legal entity to declare overseas assets exceeding €50,000 outside of Spain. This step is pivotal to prevent any allegations of tax evasion.
  • Wealth Tax: A tax applied to worldwide net assets exceeding 3,700,000 euros.

Staying informed and proactive in meeting these obligations is essential for a smooth transition and to fully embrace the benefits of residency in Spain.

Interesting read  Digital Nomad Visa

Do you need a professional help for buying a property in spain for foreigners?

Buying property in Spain as an Irish

The Embassy of Ireland in Spain offers valuable advice on its website, highlighting Malaga as one of Spain’s tourist destinations of interest. According to an article by Idealista titled “Dutch, Norwegian, and Irish people buy twice as many homes in Spain as a year ago,” it confirms a significant upward trend in the Irish market for property purchases in Spain in 2022, a trend not observed since 2007. This surge is attributed to several factors, including the rise in telecommuting, favourable climate conditions and competitive property prices in Spain.

As an Irish citizen and EU member, you’re entitled to a 90-day travel period in Spain without requiring a prior visa, unlike non-EU expatriates. However, should you intend to extend your stay beyond this period, obtaining Spanish residency becomes necessary. It’s imperative to visit the Police before the 90-day limit expires to initiate the residency application process. This involves demonstrating sufficient financial means to support yourself and your family, if applicable, as well as having private health insurance, among other requirements. This relatively straightforward process involves temporary registration in the Central Register of Foreigners. After 5 years of effective residency in Spain, you can apply for permanent residency.

Interesting read  Long term residency for EU Citizens 

Should you, as an Irish citizen, contemplate investing in Spanish property, careful consideration of location and housing type to suit your needs is essential. Based on our extensive experience, many Irish citizens opt to settle in Southern Spain, particularly the stunning Costa del Sol in the Andalusia region.

Prior to embarking on the exciting journey of buying property in Spain, it’s vital to understand various pertinent aspects, such as taxation associated with property transactions, as well as legal procedures and costs involved. Seeking guidance from a lawyer specialising in contract drafting, documentation and property registration is highly recommended to ensure a smooth process.

At Tejada Solicitors, we offer tailored legal and tax services for Irish expatriates, alongside a dedicated team specialising in immigration and international taxation. Our experts leverage their knowledge and experience to navigate through Spanish bureaucracy and streamline processes. Should you decide to reside in Spain and receive income from Ireland, our tax advisor, Rosana Tejada, will analyse the impact of the double taxation treaty between Spain and Ireland on your income, devising strategies to optimise tax savings, including Capital Gains Tax and Personal Income Tax.

The Buying process in Spain

The journey of buying a property in Spain commences with the crucial step of making an offer. When you discover the perfect home, you’ll likely want to propose a price. Most property owners are receptive to offers, but they expect them to be serious and reflective of various factors such as the current market conditions, the property’s state and whether you’re a cash buyer. Seek advice from your real estate agent to navigate negotiations effectively.

 

Once your offer gets accepted, the conveyancing process begins. During this phase, you should:

  • Engage a lawyer: Prioritise this before committing to a deposit or signing any legally binding documents. Task your lawyer with conducting essential legal checks on the property.
  • Sign the purchase contract: This document secures the property for you and delineates the transaction’s terms and conditions, including the purchase deadline. Typically, the contract is signed by both buyer and seller (or their representatives), with the buyer usually paying 10% of the purchase price upon signing. If the property includes fixtures, fittings and/or furniture, the contract should include an inventory signed by both parties.
  • Mortgage application: If you require a mortgage, initiate the application process now. Ensure to factor the approval timeline into the purchase based on your bank’s guidance.

Meanwhile, your property lawyer will conduct a thorough checklist on the property to verify its legality. These checks include:

buying property in spain as an American
  • Property register verification: Ensuring alignment between the property description and legal owner and identifying any charges or encumbrances.
  • Planning permission validation: Confirming that the property was constructed with the appropriate licences and permissions, or, in the case of off-plan properties, ensuring the developer possesses all requisite paperwork.
  • Tax assessment: Verifying the current owners’ tax compliance related to the property.
  • Community payment confirmation: Ensuring the property is up-to-date with payments to the community of owners.

Upon signing the purchase contract—usually within two to eight weeks—the completion process commences. Both parties finalise the transaction at the Notary Public. Your lawyer will verify the deeds, provide a verbal translation if necessary and oversee the completion process. Payment is typically made via a banker’s draft.

Simultaneously with completion, you receive the keys to your new home. Your lawyer handles property registration at the Property Registry and facilitates payment of taxes and fees on your behalf. Additionally, they arrange for utility supply connections or the transfer of contracts to your name and set up automatic bill payments via direct debit with your bank.

Overcoming language and cultural barriers

Effective communication in negotiation is key for achieving objectives, fostering relationships and resolving disputes. Recognizing it as the most crucial tool for successful negotiations is common knowledge among negotiators, and its significance is amplified when engaging with counterparts from diverse cultures. Harvard University’s report on “Overcoming cultural barriers in Negotiation” states that handling cultural differences in international negotiations requires strategic considerations, like researching the culture, showing respect for cultural differences,  being aware of local unfamiliar customs and actively seeking the help you need to overcome differences and create common ground.

All these are very important for successfully buying property in Spain and settling into your new home. Exploring and embracing Spanish culture, from historical landmarks to local traditions, is essential for building a connection with the country and its people. Accepting Spain’s unique aspects as part of its living story enhances the expat journey and fosters connections with the local community.

Aetna International advises seeking a reputable estate agent and appointing an independent lawyer (abogado), not affiliated with the estate agent or developer. An independent lawyer can bridge language and cultural gaps and ensure a smooth process. Verify their membership in professional organizations in Spain through gov.uk.

Do you need a professional help for buying a property in spain for foreigners?

Need help buying a property in Spain?

At Tejada Solicitor, we strongly recommend that you engage a property lawyer before committing to a reservation contract or making any payments to the real estate agency.

The reservation contract holds significant importance in the purchasing process. It should never be signed hastily; it must clearly outline the terms of the sale and remain refundable.

Your property solicitor will meticulously review all property documentation to ensure its complete legality, allowing you to acquire it without any encumbrances. You can then focus on enjoying the purchasing experience while your property solicitor handles any conveyancing issues.

During the property purchasing process in Spain, you may also require an architect to assess the home’s physical condition, identifying any potential concerns. In some cases, these issues may be severe enough to prompt reconsideration of the purchase. Hence, we advise all our clients to obtain a property report before signing the reservation contract.

Additionally, we suggest consulting with a local real estate agent to assist you in finding a property that aligns with your requirements and financial plan.

We strongly discourage rushing into property purchases in Spain without the guidance of qualified professionals. For a secure and risk-free investment, it’s essential to seek support from professionals, including real estate agencies, property solicitors and architects, who will guide you throughout the entire purchasing process.

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