(English) Monthly Newsletter - Arcos & Lamers Asociados

Limits on cash payments in Spain

At the end of 2012 there was a modification on the Spanish Tax & Financial regulations. Some of the changes where introduced to increase the actions in the prevention and fight against fraud. One of these actions was to set limits on the cash payments of certain transactions.

A cash limit was established on all transactions when one of the parties involved acts as an entrepreneur or professional and the amount being paid was equal or above 2.500,00.-Euros or its exchange value on a foreign currency.

Nevertheless, this limit can be increase to 15.000,00.-Euros or its exchange value on a foreign currency when the payer is an individual that can prove that his fiscal residency is not in Spain and its not acting as an entrepreneur or professional.

Regulations to the Spanish holiday rental market (II)

Factors to consider before registering your Spanish property

Our law firm in Marbella, Arcos & Lamers Asociados, has the pleasure to line you out some additional notes concerning the registration of your holiday rental home in Andalucía due to the large number of inquiries that we already have received.

Owners of a property in Andalucía should take into account a number of factors prior making the decision to register your property at the Registry of Tourism of Andalusia.

In addition to the requirements that all properties must have see previouse post, the factors to consider are:

Amendments on the Spanish Mortgage Law establishing geo-references coordinates on properties in Spain

On November 1, 2015 entered into force the Law 13/2015, of June 24, which amendments the Mortgage Law, the aim of this reform is to coordinate the relationship between the Land Registry and Cadastre improving communication between them.

So from the entered into force of this Spanish Law, one of those changes are relating to the registration into the Land Registry in Spain, establishing that always that a property is registered or operations parcelling take place, re-parcelling, land consolidation, segregation, division, group or aggregation, expropriation and stating boundaries to determine a rearrangement of the corresponding plot of land, it must include the plot geo-references to the property to complete its description.

The above would allow creating an official system which allows to distinguish plot of land not only from its surrounding properties, but to locate them the earth's surface.

It involves a precise identification of the properties, giving greater reliability of information and leaving little margin of error.

Arcos y Lamers Asociados has a team of professionals ready to provide legal and tax advice. Approach, Arcos & Lamers Asociados, your Spanish lawyer in Marbella, for your initial free consultation! We are active not only in Marbella, Málaga, Costa del Sol but providing services to the whole Spanish Territory.

Cecilio Sánchez, laywer in Marbella

Responsibilities deadlines on constructions of properties in Spain

Regarding the query about the responsibility of the promoter after the constructions of a property in Spain, please kindly be informed, in general terms, what the Spanish Regulations states. Our English speaking law firm in Marbella refers to the so known Ley 28/1999 de 5 Noviembre de Ordenación de la Edificación:

- Without prejudice to their contractual responsibilities, natural or legal persons that take part of the process of building, (promoter, architects, builders…..) are liable to the owners (the buyers and future acquirers) of the following material damage caused in the building within the time limits specified, from the date of receipt of the work:

a) For ten years, in relation to the damage caused to the building by faults or defects affecting to the foundation, supports, beams, framework, walls or other structural elements, which directly compromise the mechanical strength and the stability of the construction.