Have a look below at some of the sections of law which you may come across during your visits to Spain. Click on the link which is
either of interest or most relevant to your requirements.
Your Possessions
You do not need to be a resident of Spain to import your possessions into Spain. If you have purchased a property and decide to import your furniture from your home country, all you need to do is obtain a ‘vivienda secundaria’ exemption and make a security deposit which is refunded to you after two years.
Pets
It is now possible to travel with pets to / from Spain without many of the restrictions which were in place a few years ago. That said, your pet will still need to have a health certificate which has been issued by an authorized vet in your country. This certificate cannot be dated more than 15 days before entry into Spain.
Your pet should have a certificate of vaccinations against rabies. The vaccination should have been administered from 1 to 12 months before entering Spain.
Finally, you should be in possession of a certificate (normally issued by the agriculture ministry) confirming that the area where the animal is normally kept does not have animal diseases present.
Resident or Tourist?
The time limit for which any foreigner can legally stay in Spain as a tourist is 90 days. After this you are required to apply for a ‘permanencia’ although only one of these can be obtained per year. If your stay spans more than 6 months, then you will need to apply for a ‘residencia’ certificate. Non-EU citizens will need to apply for a ‘visado de residencia’, which can be obtained from the Spanish consulate in your own country. As with any legal matter, it is always best to speak to your legal adviser as they can explain the various advantages and disadvantages of each status type.
Buying a House
The use of a professional real estate company is always the best and safest way to purchase property in Spain. The services of a good lawyer are also essential and you should never try to save money by dispensing with them as this can, and often does, lead to disaster. See
our information for buying a house article for more details.
Building a House
Often a cheaper alternative to buying a house which is already built is to build your own dream home. All the rules (and a few more) apply to the building of a house as they do to buying a house. There are restrictions on the size of plot you can build on in certain ‘green zones’ for example. As with buying a house, it is always best to use a good layer and a professional real estate agent.
If you do decide to have your own house built, we would advise you choose a good builder who can show you examples of properties they have built before so that you can check how good they are.
All reputable builders would not ask for the whole building cost up front so be wary of any builder who does. You would normally expect to pay for the property in stages, i.e.
purchase the land first and then pay for the foundations to be built, then the walls and roof and the final balance once the house is fully complete with any build faults rectified.
Renting a House
If you wish to rent a villa or apartment in Spain you will find that there are literally thousands to choose from. It is often wise to rent a property before deciding on which one to buy if you intend living in Spain. This way you can check out the area to see if fits in with your requirements before you commit your money.
Community Regulations
Any property which is not a freestanding villa in its own grounds will normally be part of a community of co-owners so when you decide to purchase one of these properties you will automatically become a voting member of the community.
It is not a voluntary option of whether to join or not as just the act of signing the purchase contract makes you a member of this legal body (under the Spanish Law of Horizontal Properties) which is in place to control the management of the public areas and buildings, etc.
The communities bodies have the legal right to place a lieu on your property if payments to the community are not kept up-to-date and the amount of community charge levied on you will depend upon the size of your villa or apartment. If you are non-resident in Spain, you can inform the committee that you wish to appoint a proxy to vote at the annual community meeting on your behalf, in effect giving them power of attorney.
Cars
If you intend to take your car to Spain then the maximum length of time you are allowed to drive it on foreign plates is 6 months. This is, however, difficult to check if you are a European tourist and many people simply ignore this law (at their peril). EU citizens are allowed to drive in Spain without the need for an international driving license.
If you are from outside the EU and decide stay in Spain as a non-resident then buy a car on tourist plates you will benefit more than EU members as you can avoid paying the 16% IVA (VAT) as well as the 12% vehicle registration tax. A total of 28% saving. European nationals can only avoid the vehicle registration tax but you must remember to ask for your vehicle to be fitted with tourist plates at the time of purchase instead of the full Spanish plates. The only downside is that tourist plates have to be renewed each year at a cost of (currently) around 150€, although they can be renewed as many time as you wish.
There are a number of advantages to having full Spanish plates on you car (easier to resell, etc) but you will need to be able to prove that you are either reside in Spain or own a property there to do this.
Money
Anyone can open a bank account in Spain whether they are resident or not but there are different regulations which apply to each group. For example, interest accrued by residents of the country, as with Spaniards, automatically have 25% of their interest withheld and paid to the government as tax.
A great way to invest money in Spain is to buy shares in the Spanish stock market as you will not be taxed on any profits you make (in Spain), but by far the easiest method to invest your money is to place it on deposit with your bank. The amount of interest you are paid differs from bank to bank and will depend on how long you have deposited the money for.
If you wish to take all of your money out of Spain at any time, then it is possible to do so although you need to be prepared to fill out a few forms, pay the taxes involved and then wait ……………..
For any money matters in Spain it is often best to have your affairs organised by a professional fiscal representative as they can easily cover their fee with the money they could save you in tax avoidance methods.
Business
Since the 1st January 1992, members of the EU community have the same legal rights as Spaniards to work and start business in Spain. A community card (tarjeta comunitaria), which allows you to seek work and obtain the same benefits as Spaniards, will still need to be obtained though at a cost of around €150 to €300. To start up in your own business the card will cost around €180.
Your family members can also obtain residence or work permits if you yourself are an EU member, even if they are not as specified in the EU regulation 1612/68. Work permits (cuenta ajena) are required by anyone wishing to gain employment in Spain whereas if you intend starting your own business you will need a different sort of permit, namely ‘cuenta propia’. It is advised to use the services of a lawyer to ensure that all the paperwork is done correctly to prevent any disappointments late, especially if you are starting up in business.
If you do start a business which employs other people you will be required to register them into the social security system and pay them (at least) the minimum wage which the law stipulates is based on a 40 hour working week. Lots of rules are in place to protect the employee in Spain so you must check with your accountant that everything is in order before you employ anyone, as you may end up being fined by the government or sued by a former employee if things go wrong.
Family
• Births - any baby born in Spain must have a Spanish birth certificate regardless of where its parents originate from. The birth is registered at the ‘Registro Civil’ in the town where the baby is born where you can get more information on what else you will need to do. With the issued birth certificate you can then report the birth at the consulate of your home country.
• Deaths - As with any other country, when someone close to you dies, it is always a difficult time so it pays to be prepared and to plan ahead. You should arrange for a Spanish will and life insurance, and if possible maybe choose a cemetery and share all the arrangements and your wishes with partners and other family members. A doctor at the hospital (or the home physician) will prepare the death certificate although it can only be issued officially by a Spanish judge. A funeral director, as in most other countries, will relieve the distressed family members of the responsibilities of legal paperwork required to register the death.
• Marriages - You can get married in Spain although there is a fair amount of paperwork involved and proof that both partners are single would be required along with each birth certificate. A divorced partner must show a divorce certificate from the country of origin which has been drawn up by a lawyer and stamped by the Spanish consul in that country. It doesn’t end there as the documents must then be officially translated into Spanish and have the verifying ‘certificate of apostille’ attached to them. Phew …
• Divorces - Divorces in Spain have been possible since 1981, even for foreigners who have married in another country – as long as they are now resident in Spain. This legal divorce will then be recognized in their home country. Some rules do apply though, such as the marriage must have occurred at least one year prior to the petition for divorce or it will not be heard. A notary formalises the legal proceedings and it is advised to use a lawyer to assist with all the financial arrangements.
• Nationality - You will come across many obstacles if you wish to change your nationality as Spain does not officially recognize dual nationality. Be prepared for the process to take as long as a year to complete and you MUST use the services of a good lawyer, skilled in this field of law, to help with your application.
Wills
Many people, whether in Spain or not, have not made provision for their heirs when they die. As Spain has a great many people of all nationalities who are ‘advanced’ in years residing within her borders, you must understand the international complications which can arise without being in possession of a legalized Spanish will. Here are some important points to take note of with regard to Spanish wills:
1. Legal problems can prove to be time-consuming and expensive for those left behind so, in order to avoid this, you need to make a Spanish will disposing of your Spanish assets. A separate will can be made for your assets in your home (or other) countries.
2. The Spanish authorities do not require you, as a foreigner, to follow the ‘compulsory heirs’ law which states that two-thirds of your estate must be left to your children – even if you are married!! Your estate will, who ever you choose to leave it to, be subject to an unavoidable inheritance tax which is quite high if the recipient is not a family member.
3. Inheritance tax is due on everything after the first €15,060 and there is no large exemption (such as Britain’s £215,000) but with some careful advance planning it is possible to, legally, avoid some of this tax.
4. One way in which residents benefit with regards to inheritance tax is that they may be eligible for a reduction of 95% in the value of their property for the tax calculation whereas this is not available for people who are not resident in Spain.
Again, as with many legal and financial matters, you should take the advice of a good lawyer as you could end up leaving the majority of your assets to the taxman instead of your loved ones.
Legal Representation
Legal advisors in Spain, like in most other countries, can save you from lots of distress and heartache later on, but who are they and what do they do?
Here are the people who can help along with their Spanish name:
Lawyer (abogado):
These people are all trained professionals who will serve their clients interests and ensure that all their affairs are in order within the law. Many lawyers in Spain, particularly along the coast, are able to speak English and / or German fluently so if you intend to buy or sell a house, apply for work permit, start a business, make a will or anything else with legal connotations a lawyer can advise you.
Gestoria:
Licensed by the authorities and required to pass exams, the gestoria is the middleman between you and the ‘red tape’. Although they do not have any official powers they can save the clerks in the notary office lots of time and so get some preferential treatment when the queues are long.
Financial Advisor / Chartered Accountant (Asesor Fiscal)
The asesor fiscal should be consulted on all matters pertaining to money especially if you have any investments in Spain or need to pay income tax etc. as he can save you money particularly when dealing with the taxman. You can also use the asesor fiscal as your fiscal representative in Spain if you are non-resident.
Notary (Notario):
Appointed by the government, these are people who ensure that certain legal matters, such as wills, purchase agreements, etc. are officially recorded in the correct manner. You pay a fee for a notary’s service but you cannot pay him to act for you as you would a lawyer as his fees are fixed by law and vary depending upon the service he is providing.
Local Authorities
Many of the local authority departments are much the same in Spain as in your home country. The town hall, police and social security offices, etc. may all be familiar at home but where should you go to find them in Spain?
Probably the most important building to find when you first arrive is the town hall (Ayuntamiento) as this is where all the things you may need to do the most can be found. You will pay the ‘circulation tax’ for your car here, register as a town inhabitant, pay property taxes, apply for a building permit to build your dream home, etc., etc.
You will normally find that the people who work in the town hall are very friendly and will help you with any problems you may have.
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