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Swimming Pool Construction in Spain: Crucial Steps and Legalization

Building a swimming pool in Spain is an exciting project that adds value and enjoyment to any property on the Costa del Sol. However, it is crucial to follow a proper process to avoid long-term legal problems. In this blog, Welex, a firm of lawyers and accountants in Marbella, will explore the steps necessary to obtain the required licenses and permits, as well as the importance of legalization in the case of unauthorized construction.

The first step is to hire a competent technician to assist you in applying for the required licenses for the construction of a swimming pool in Spain. He or she will have to apply to the competent Town Hall for a Building Permit, presenting a technical and execution project which must include the following:

– Descriptive report.

– Construction report.

– Compliance with the technical building code.

– Calculation of structure and installations.

– Geotechnical information on the land.

– Health and safety study.

– Quality control plan.

– Construction waste management.

– Geotechnical information on the land.

If, from the documentation received, the Town Hall verifies that the project complies with the local regulations in force, you will be granted a Major Works License for the construction of the swimming pool in Spain.

With the license granted, you can proceed with the construction of the swimming pool following the approved technical project. Once the work has been completed, it is crucial to sign the declaration of new construction before a notary in Spain. In addition, it is recommended to register the swimming pool in the land registry to validate the construction against third parties and ensure its legality in Spain.

If for some reason the pool was built without the required licenses in Spain, it is possible to legalize it. To do this, it is essential to have a competent technician draw up a technical legalization project, complying with current regulations. The process will include the payment of municipal fees and taxes.

Once approved by, for example, the Marbella Town Hall, the declaration of new construction must be signed before a notary and we recommend registering it in the Land Registry in order to make it valid in the eyes of third parties.

The Declaration of New Construction, as we have mentioned, whether the swimming pool has been built with a Building License in Spain, or whether it has been legalized afterwards, the Deed of New Construction must be signed in the presence of a notary in Spain. This declaration of construction by means of a public deed is subject to Stamp Duty (Actos Jurídicos Documentados).

At Welex law and accountancy firm in Marbella, Spain, we can assist you with the signing of the declaration of new construction, the registration of the swimming pool in the land registry, land registry and the filing of the above-mentioned taxes.

Trust our expert property lawyers on the Costa del Sol for a professional and smooth legal process for the construction of your swimming pool in Spain, or for other legal matters.

13 junio 2024/por adminproseo

Litigation lawyer in Spain

Removal of livestock routes in Andalusia, Spain

Welex, leading law and accountant firm in Spain, is pleased to explain in detail the disaffection of livestock routes subject to urban planning in the autonomous community of Andalucía, Spain.

Do you have a plot of land in Andalucía, situated on urban land (or before that on land for development) and a cattle track cross it?

Do you know that there are legal instruments in Spain that allow you to disaffect that part of your land that is not affected by a cattle track?

Livestock trails are public roads used for the transit of livestock, which form part of the historical, cultural and natural heritage of Andalusia, Spain. They are of great ecological, scenic and social importance, as they contribute to biodiversity conservation, ecological connectivity, rural development and sustainable leisure and tourism.

However, cattle trails are also affected by the process of urbanization and pressure from other land uses, which can threaten their integrity and functionality. For this reason, Andalusian legislation establishes a series of instruments to protect, recover and manage the cattle trails, as well as to regulate their use and management in Spain.

One of these instruments is the disaffection, which consists of the exclusion of the land of cattle tracks from the public domain, when they have lost the characteristics of their definition or destination. Disaffection in Spain implies the loss of the status of a cattle track and the possibility of using the land for other purposes.

Disaffection is regulated by the “Reglamento de Vías Pecuarias de Andalucía”, approved by Decree 155/1998 of 21 July 1998. According to this regulation, disaffection can be initiated ex officio or at the request of a party, and requires an administrative file that includes a technical justification report, an appraisal report, a proposed resolution and a public information procedure.

In Spain, disaffection must be motivated by one of the following causes:

– The existence of urban planning that foresees a new land-use plan incompatible with the maintenance of the cattle route.

– The material or legal impossibility of re-establishing the original or alternative route of the cattle track when it has been illegally occupied or substantially altered.

– The existence of a public or social interest justifying disaffection, provided that adequate compensation to the public heritage of the cattle routes is guaranteed.

– Disaffection has important legal consequences, since it entails the loss of the domanial nature of the land and its incorporation into the private patrimony of the Junta de Andalucía.

Disaffection also has significant environmental and territorial implications, as it can lead to the fragmentation or loss of the green corridors that connect natural spaces and facilitate the movement of fauna and flora in Spain. For this reason, the disinvestment must be an exceptional and justified measure, subject to rigorous administrative and social control.

In this sense, the Andalusian Regional Government has recently approved the formulation of the Green Infrastructure Plan for the Connectivity of Andalusia, which aims to establish an integrated and coherent network of natural and semi-natural spaces that contribute to the conservation and restoration of ecosystems and their services. This plan includes livestock trails as one of the key elements to guarantee the ecological connectivity and sustainable development of the Andalusian territory.

If you would like to know more about the disaffection of livestock trails subject to urban planning in the autonomous community of Andalusia, or any other legal, accounting or fiscal issue, please contact our law firm Welex, lawyers and economists on the Costa del Sol.

10 mayo 2024/por adminproseo

Regulation in Spain for riding an Electric Step

Welex, leading law and accountant firm in Marbella, will explain in detail the regulations for riding an Electric Step in Spain.

Electric Steps are vehicles powered exclusively by electric motors with a design speed between 6 and 25 km/h.

Before driving an electric step in Spain, it is important to be aware of the rules that users of personal mobility vehicles must comply when driving in urban areas and to do so safely.

It should also be borne in mind that from 22 January 2024, all steps on the market, must be certified for use and that from 22 January 2027, only those steps that comply with the provisions of the VMP (Vehículo de Movilidad Personal – Personal Mobility Vehicles) Characteristics Manual and thus have a VMP certificate number from the DGT may be put on the road. The DGT has published a list of all certified VMP which you can check on the DGT website to ensure maximum security for the buyer.

Each local government can regulate the circulation of electric steps in a specific way. However, all users must meet certain minimum conditions in Spain, which are described below.

– The speed of these steps must be between 6 km/h and 25 km/h.

– The DGT has prepared the Handbook of Characteristics of Personal Mobility Vehicles, a regulatory document containing the technical characteristics that MPVs must meet in order to be allowed on the road and the requirement for these vehicles to be certified by the competent authorities in Spain.

– They cannot drive on pavements and are not allowed on interurban roads, intersections, motorways, dual carriageways or urban tunnels.

– Their drivers are subject to the same maximum alcohol levels allowed by the Road Safety Act, as well as the prohibition of driving with drugs in the body.

– They are not allowed to wear headphones or use a mobile phone or other device while driving.

– The recent traffic law requires drivers of motorised two-wheelers to wear safety helmets, with conditions to be laid down in regulations. The DGT is already working on this regulatory development in collaboration with municipalities and stakeholders in Spain.

The electric step in Spain is required to have the following:

Braking system
Audible signal device (buzzer).
Rear and front lights and reflective devices.
It is also recommended to use a helmet, even if the municipal regulation does not require it.
Third-party liability insurance for electric steps in Spain

Offences and associated fines in Spain

Driving an electric scooter in Spain under the influence of alcohol and other drugs can result in a fine of between €500 and €1,000, depending on the alcohol level, or €1,000 if drugs are involved. In case of a positive test, the vehicle will also be stopped, as for all other vehicles.
For using a mobile phone while driving a scooter or any other communication device in Spain, the fine is €200.
For wearing headphones, driving at night without lights or reflective clothing, or not wearing a helmet, if the municipal ordinance requires this measure, the fine will be €200.

Maintenance of an electric step in Spain

The electric scooter needs regular maintenance. It is not recommended to use it if parts are broken, if the battery life has significantly decreased, if there are air leaks in the tyres or signs of wear, or if there are noises when turning or other abnormal symptoms. In such cases, contact a workshop.

Also check the condition and pressure of the tyres if they have inner tubes. Use a damp cloth for cleaning and avoid electrical parts. Never charge the battery overnight as it may overheat and catch fire. Charging should be done before the battery is completely empty and never when the scooter is wet or damp.

If you need advice on this new personal mobility law in Spain, or on any tax or legal issue, please contact our law firm Welex in Marbella. Do not hesitate to contact our offices, our team of professionals will be happy to give you the advice you need.

12 marzo 2024/por adminproseo

administrative law

The constitution of a limited company in Spain.

At Welex, leading law and accountant firm in Marbella, we would like to explain briefly and simply the steps to be taken if you have decided to set up a limited company in Spain: The constitution of a limited company in Spain. It is compulsory for the company to be incorporated by signing a public deed and it must be registered in the Spanish Commercial Register.

First, you need to choose a name for the company and apply to the Central Commercial Register for a certificate to confirm that the name you have chosen has not already been registered in Spain. An entity whose name is identical to an existing name cannot be entered in the Mercantile Register.

The application for the name to be registered must be made by the interested party or beneficiary of the certificate. Once the certificate has been obtained, it will be valid for a period of six months from the date on which it was issued in Spain.

In second place, you need to decide who will be the shareholders of the entity, the total share capital and the participation of each partner in this capital. The share capital in Spain cannot be less than one euro, and whenever it is less than three thousand euros, a figure at least equal to 20 percent of the profit must be allocated to the legal reserve until this reserve together with the share capital reaches the amount of three thousand euros. Furthermore, in the event of liquidation in Spain, if the company’s assets are insufficient to meet the company’s obligations, the shareholders are jointly and severally liable for the difference between the amount of three thousand euros and the amount of the subscribed capital. The company may also have a sole shareholder, whether a natural person or a company in Spain.

In third place, you need choose a domicile in Spain, at the place where the effective centre of administration and management is located, or where your principal place of business or operation is located in Spain.

In fourth place, you must appoint a sole director or several directors, or a board of directors, to manage and represent the company in Spain. The director may be a natural or legal person and, unless the articles of association do not allow it, does not need be a shareholder.

In fifth place, it will be necessary to draw up the articles of association that will govern the operation of your company in Spain, which will include, among other things, the name of the company, the corporate purpose, the registered office and its share capital, the number of shares into which this capital is divided and the nominal value and numbering of the shares.

Please note that the duration of the company shall be indefinite, unless the articles of association provide otherwise.

Once the deed of incorporation has been signed before a notary by the founding partners and the director of the company in Spain, within two months the deed must be presented to the Companies Register for registration, after settlement and payment of the corresponding taxes and expenses.

If you wish to have assistance with the incorporation and registration of your company in the Spanish Commercial Register, please do not hesitate to contact our offices of Welex, lawyers in La Costa del Sol. We will carry out all the necessary formalities for the incorporation of your company in Spain.

5 septiembre 2023/por adminproseo

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