Spanish Property Law

We provide solicitors services specialised in Spanish property Law.

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Property & Real Estate Law

Whether you are investing, developing or refurbishing real estate in Spain, we help you control the risks and understand local business practice and taxes.

Scudamore is an international law firm providinges support to foreign investors at all stages of their investment, from the original property purchase, through the management of the assets and up to the final sale/disinvestment.

We advise and represent owners, institutional and corporate investors, property managers and developers on a wide range of real estate transactions involving office, retail, hotel and other commercial and industrial properties.

Investment in commercial real estate in Spain presents opportunities but also risks.

We tailor our services to the needs of the individual client

These include:

Due diligence investigation of commercial property.

Structuring the investment and subsequent repatriation of income and capital, including legal and tax advice on on- and off-shore vehicles, Spanish property taxes and double taxation treaty provisions.

Implementation of structures, setting up companies or other suitable vehicles, in Spain and or elsewhere, as well as the transfer of shares or assets of property holding companies.

Assistance with the purchase or sale of individual property units or portfolios of properties.

We have extensive experience in a wide range of property transactions:

Purchase, sale and development of individual residential properties, apartment buildings, commercial premises, offices, hotels and retail shopping centres.
Contract negotiations, drafting purchase-sale contracts, options for purchase, contracts with intermediaries, property management contracts, leases and rental agreements.
In the case of unfinished properties, obtaining necessary administrative licences and permissions for legal ‘completion’ of off-plan property and its occupation and re-sale.
Property development and building works.
Property rental and commercial leases, including related debt recovery and eviction proceedings.
Condominium and community of owner issues, legal and tax compliance aspects of the property ownership in Spain.
Property companies: company secretarial functions, periodic and annual filings, employment obligations, management of the rental business in Spain.
Spanish taxation of property transmission and ownership.
Distressed properties, negotiations with Administrative Receivers and banks for purchase of property.

Buying property in Spain

We assist you:

Legal assistance to clients buying ‘off-plan’ and second-hand properties from developers and private individuals
Property searches
Planning checks
Negotiations with sellers, intermediaries and banks, preparation of contractual documentation.
Completion before the notary
All matters necessary to register your title to the property in the land register
Contracts with intermediaries, property management contracts, leases and tenancies, condominium law

Spanish taxation in relation to the acquisition and ownership of property in Spain
Distressed or unfinished properties, obtaining the administrative licences and permissions needed, so as to allow the connection of necessary utility supplies and other administrative requirements.
Purchase of plots for building your own home, obtaining planning permission, refurbishments and building works
Obtaining residence visas for non-EU investors and their familie
Letting of properties under rental agreements

Selling property in Spain

We assist you:

Negotiations
The preparation of documentation required for the sale
Deal with any outstanding mortgage on the property
Answer the purchaser’s enquiries
The preparation of the deed of sale
Taxation, we can ensure that the tax you pay is kept to a mínimum and apply on your behalf for a refund of any withholding tax deducted from the price by the buyer and paid to the tax authorities.