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.

Swimming Pool Construction in Spain


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.

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.

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.

In this article, one of our professionals from Welex, leading firm of lawyers and accountants on La Costa del Sol, will explain in detail what documentation is necessary to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain.


What documentation is necessary to execute an Acceptance of Inheritance Deed before a Notary in Spain?

First of all, we would like to warn you that in the event of the death of a person outside Spain, in the case that the various documents required are to be issued by authorities outside Spanish territory, the documents must have the Apostille of the Hague Convention.


Legalisation by apostille consists of adding to the public document issued by the authority of your country an Apostille or annotation that will certify the authenticity of the signature of the public documents issued in a country that is a signatory to the 12th Hague Convention of 5 October 1961. For clarification purposes, we inform you that the documents that are apostilled are judicial documents, administrative documents and notarial documents.  On the other hand, documents issued by a diplomatic or consular official cannot be apostilled.


  1. Death certificate with Apostille


This document, issued by the competent authority of your country, will certify the date and place of death. In the case of death outside Spain, we will need the certificate with Apostille of the Hague Convention.


2. Will in Spain. Will outside Spain with Apostille


In the event that the deceased had granted a Will in Spain, it will be necessary to obtain an authorised copy of the document issued by the Notary before whom it was granted, or by the Notary who currently holds the protocol.


If the person granted a will in the country of residence, it will be necessary to obtain an authentic copy of said will with the Apostille of the Hague Convention.


3. Deed of Declaration of Heirs with Apostille in Spain.


If the inheritance has already been accepted by the heirs in the country of residence of the deceased, we will need to obtain an authentic copy of this deed with Apostille of the Hague Convention.


4. Passport or identity card of the heirs


The heirs must present their passport or identity document for the purpose of identification before the notary in Spain, at the time of the granting by said heirs of the Acceptance of Inheritance Deed.


5. NIE (tax identification number for foreigners) of the heirs


This is a personal, unique and exclusive number assigned to foreigners who, due to their economic, professional or social interests, are related to Spain, for the purpose of identification.



6. Passport and NIE of the deceased person


7. Purchase Title Deed granted when the property in Spain was acquired


In the event that the deceased held ownership of a property in Spain, it would be advisable to provide a copy of the Purchase Deed of said property for its identification and inclusion in the subsequent Acceptance of Inheritance Deed, to be granted by the heirs before a Spanish Public Notary.


8. Copy of any IBI or garbage receipt paid, even if it is and old copy


In this way we will be able to identify the property for Cadastre purposes and find out if there is any outstanding debt for IBI or garbage collection in Spain.


9. Balance of the bank account(s) in Spain at the date of death   


If the deceased had an account at a bank in Spain, it is necessary to obtain a certificate to be issued by the bank certifying the balance of the account at the date of the decease. This certificate will be incorporated into the signature of the Acceptance of Inheritance Deed.


10. Vehicle registration certificate


In the event that the deceased owned a car in Spain, this will form part of the inheritance, and it will therefore be necessary to provide the vehicle’s Technical File and Driving Licence.


If you need advice on the documentation required to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain, please do not hesitate to contact us. Our team of lawyers and accountants at Welex will provide you with the necessary legal and fiscal advice.


Other articles of interest:








Welex,  law and accountant firm on the Costa del Sol, has the pleasure to write a few lines about wills in Spain for non-residents.

If you have decided to grant your Will in Spain, we will explain briefly the types of wills that exist under Spanish law and the documentation that has to be presented to the Notary in order to sign the will.


First of all, you may wonder whether it is necessary to go to a Notary or not. In Spain we have the following types of Will as per the Spanish Civil Code:

-The Special Will, which includes the following wills: the military will, the maritime will and wills drawn up in foreign countries.

-The Common Will, which we are going to deal with in these lines.

The Common Will in Spain can be:

  • Holographic when the testator writes it himself and it can only be granted by adults. This document must be written entirely by the testator in Spain and signed, stating the year, month and day of signature. This will must be notarised within five years of the testator’s death in Spain.

Furthermore, the person who has this Will in its possession must present it to the competent notary within ten days of the day on which he becomes aware of the testator’s death. Failure to comply with this duty will make him liable for any damages he may have caused.

  • Open: this Will is granted in the presence of the Notary, who is aware of its contents.
  • Closed: in this case, the grantor does not reveal what his or her last will is, but declares that it is included in a document that he or she presents to the notary in Spain.

The most common Will in Spain is the Open Will before a notary. This Will is kept by the notary, who keeps the original in his or her possession and gives a copy to the grantor, and the will is also registered in the General Register of Last Wills. In this way, at the time of death, there will be a record of whether or not a Will was granted in Spain, and which was the last Will granted.


Each person will make his or her own will personally, and it is not possible for two or more persons to make a single will, nor can it be made through a representative or proxy.

In order to execute a will, it is necessary to present your identity card or passport to the notary so that you can be identified.

Foreigners may execute a Will in their own language, assisted by an interpreter of their choice. In this case, the Will will be drawn up in their own language and in Spanish.

Finally, bear in mind that the Will can always be modified and another Will can be made at a later date.

If you would like to know more information about wills in Spain for non-residents, or would like to make a legal, accounting or tax consultation, please do not hesitate to contact Welex lawyers, a leading law firm in Marbella.

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.


Welex, firm of lawyers and accountants in Marbella, has the pleasure to write a few lines about the reservation of inheritance in Spain.


The reservation of inheritance in Spain is a figure that imposes a certain trajectory of the assets in the succession Mortis Causa in order to ensure the final destination of certain assets, preventing them from passing from one family to another in subsequent successions.



There are several types of reservation of inheritance in Spain:

I. Ordinary or Viudal Reserve.

This is an obligation imposed on the widowed spouse, who contracts a new marriage and has a new child in Spain.

Here he/she is obliged to conserve the assets that he/she inherited from his/her widowed spouse, from the relatives of said spouse, or from the children or descendants of the previous marriage in favor of the children and descendants of the previous marriage.

All property acquired by virtue of will, intestate succession, donation or any type of lucrative title will have the character of reservable.

It will not be possible to reserve the widower’s half of the community property, the assets acquired for valuable consideration or the things that the children leave to their father or mother knowing that they were married for the second time.


How does this affect real estate in Spain?

Well, according to article 974 of the civil code, all those alienations that have been celebrated by the surviving spouse before celebrating second marriages will be valid, with the obligation, since he/she celebrates them, to assure the value of those to the children descendants of the first patrimony.


For those alienations that have been made after the second marriage, article 975 indicates that it will subsist only if at his death there are no children or descendants of the first marriage.


How does the reservation affect personal property in Spain?

According to article 976 of the Civil Code, these alienations will always be valid.

The reservation is consummated when the reservist dies with the existence of children or descendants of the previous marriage, at this moment, the reservants, that is to say, the children or descendants of the previous marriage, will be able to demand the delivery of the reservable goods.


In addition, the reservation will be extinguished when the children of the previous marriage expressly renounce the reservation; when at the death of the reservist, there are no descendants or children of the previous marriage; or because these have been disinherited.


II. Troncal, Extraordinary or Lineal Reserve.

This reserve is imposed on the ascendant who has inherited assets from a descendant, who in turn acquired them for profit from another ascendant or from a sibling in Spain.

Here the ascendant is obliged to reserve it in favor of the relatives who are within the third degree and belong to the line from which the assets come from.


If you are seeking further information regarding the reservation of inheritance in Spain or have any questions related to fiscal or legal matters, contact Welex, law firm situated on the stunning Costa del Sol. Don’t hesitate to get in touch with us.

Welex, a team of lawyers and accountants in Marbella, is pleased to write a few lines about the Golden Visa in Spain.

Do you wish to obtain a resident visa in Spain and are you a non-EU citizen? One way to achieve a resident visa in Spain is by means of the so-called ‘Golden Visa’. As a non-EU citizen, you may obtain the Golden Visa by acquiring real estate located in a Spanish territory for a price equal to or higher than €500,000 per applicant.



Requirements to obtain the Golden Visa in Spain:

a) Must not be found irregularly in a Spanish territory

b) Must be over 18 years of age.

c) Must not have a criminal record in Spain or in any of the countries where he or she has resided during the last five years.

d) Must not appear objectionable in the territorial space of countries with which Spain has signed an agreement in that sense.

e) Must have health insurance arranged with an insurer authorised to operate in Spain.

f) Must have sufficient financial resources for him- or herself and his or her family members during their period of residence in Spain.

g) Must pay the application fee for the authorisation or visa (new residence €70.40, renewal €75.60).


The applicant must prove that he or she has acquired the property in Spain with a ‘Certification of ownership and charges’ corresponding to the property, which is issued by the Land Registry.

This certification will include the acquisition price. Alternatively, it can be proven by providing the corresponding Purchase Sale Public Deed in Spain.

The investment on a property of €500,000 has to be free of all charges or encumbrances. The part of the investment that exceeds the mentioned amount may be subject to a charge or tax.

The residence visa for investors will last for one year in Spain.


Keep reading here. 


If you have any doubts or need advice on the Golden Visa in Spain, do not hesitate to contact Welex, our law firm on La Costa del Sol.

In previous blogs, Welex, lawyers and accountants’ professionals in Marbella, have talked about the Second Chance Law in Spain, how it works and how to access it. In the following lines, Welex will explain the reform of this law in Spain.

This Spanish law has been reformed and came into force on 5 September 2022.


As explained in previous blogs, the Second Chance Law in Spain is a fair mechanism that allows both individuals and the self-employed who find themselves in situations of insolvency in Spain, to renegotiate their debts and even cancel them in whole or in part, so that they can start from scratch.

To do so, the debtor who wishes to submit to this second chance law in Spain must comply with a series of requirements which, following the aforementioned reform, are as follows:


a) The debtor must be insolvent and prove that he/she does not have sufficient assets to pay the debts.

b) The debtor must be in good faith.

c) The debtor must not have been found guilty in previous insolvency proceedings or have been convicted of economic or financial crimes against public institutions.


In this reform of the  law in Spain, the requirement for the debtor to reach an out-of-court payment agreement prior to the insolvency proceedings has been eliminated, so that we can apply directly to the Commercial Court for insolvency proceedings.

The requirement that the debtor must not have rejected a job offer in the last four years has also been abolished.

If you are interested to know more about this law, keep reading here.


If you have any doubts or need advice on this reform of the second chance law in Spain, do not hesitate to contact Welex, our law firm on La Costa del Sol.

The place of the commission of the crime as a basic principle for the attribution of jurisdiction in Spain. Criminal lawyers in Marbella will inform you.


By Welex, your criminal defence lawyers in Marbella and multilingual barristers in Spain


Of all the investigating courts in Spain, how do you determine which one is competent to investigate a case in a judicial district? This is known as territorial jurisdiction. In these lines we will address the so-called forum comissi delicti, or place of commission of the crime as a basic principle for the attribution of jurisdiction.


Thus, the investigating judge of the place where the offence is committed will be competent to investigate the offence. However, the apparent transparency of this principle of attribution of jurisdiction is not without conflict situations, such as continuous crimes, those committed simultaneously in several places and those committed by the media.


At our criminal defence law firm in Spain you will find multilingual barristers in Marbella who speak your own language



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