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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.

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.

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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.

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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.

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The private document of Acceptance of Inheritance in Spain

Welex, law and accountant firm in Marbella, will explain in detail information about the private document of acceptance of inheritance in Spain.

An inheritance in Spain can be accepted tacitly, through the performance of acts that imply an unequivocal will to become an heir.

It can also be accepted expressly, through the signing of a public document (Spanish Deed of Distribution and Acceptance of Inheritance) before a notary, or the signing of a private document.

The private document of Acceptance of Inheritance in Spain

Below, one of our professionals at Welex, leading law firm in Spain explains how to accept an inheritance by means of a private document, also known as a private request.

This is a document drafted by a manager, advisor or lawyer, whose content is similar to the deed that would be signed before a notary, without the need for a notary to intervene.

The private document of acceptance of Inheritance in Spain must contain at least:

  1. Details of the deceased and date of death
  2. Details of the will or declaration of heirs.
  3. Details of those interested in the inheritance, as well as their relationship with the deceased.
  4. An inventory must be drawn up of all the assets that the deceased had at the time of death, as well as a valuation of these.
  5. The distribution of the assets among the heirs must be made, following the instructions set out in the will.
  6. It must be signed by all the heirs, thus showing their agreement.

For this document to be valid, effective and legal in Spain, it must be accompanied by the following documents:

– Death certificate.

– Certificate of last will and testament.

– Will or, if applicable, Declaration of heirs.

– To accredit the family relationship, family record book.

– Bank certificates, to accredit the accounts and the amounts held at the time of death.

– To accredit the real estate, deeds of sale or simple notes of the same.

In short, documentation must be provided for all the assets included in the inventory in Spain.

However, if what is desired is the registration in the Land Registry of the assets in the name of the Heir in Spain, the only documents that the Registry accepts are public notarial deeds, so that, for this, the inheritance must be accepted before a notary, not being valid the private request, with only one exception, when it is a single heir.

In the latter case, when there is only one heir, the law allows the private document where the inheritance is accepted to have access to the Land Registry, and the ownership of the assets can be changed, without the need for a deed signed before a notary in Spain.

In order to do this, it will be necessary for a notary to legitimize the signature of the heir, thus attesting that the signature contained in the private document belongs to the heir.

 

If you have any queries about the private document of acceptance of inheritance in Spain, or about any accounting or tax issues, please do not hesitate to contact our offices, we will be happy to advise you.

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Inheritance Deed in Spain.

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:

 

https://www.welex.es/inheritances-in-spain-and-its-phases/

 

https://www.welex.es/donations-from-non-residents-in-andalusia-spain/

 

https://www.welex.es/reservation-of-inheritance-in-spain/

 

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Wills in Spain for non-residents

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.

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Reservation of inheritance 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.

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The reform of the second chance law in Spain

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.

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Protecting the heritage of people with disabilities in Spain

 

Do you have a family member in Spain with judicially modified capacity? Do you need to protect the estate in Spain of that legally disqualified person? In the following lines, our English speaking litigation lawyer in Marbella will give an approach to the judicial procedure, to be carried out in Spain, for the protection of the estate of people with disabilities.

Legal regulation in Spain to protect the estate of a person withdisabilities in Spain

The regulation established in the Spanish legal system comes to culminate in Spanish Law 41/2003 of November 28, on the protection of the property of persons with disabilities. This Spanish law was born as a result of the constitutional requirement of article 9.2 to promote the real and effective participation of all citizens and their involvement in political, economic, cultural and social life, in relation to the provisions of article 49 of the same constitutional text.

 

This Act contains a set of provisions relating to the assets of persons with disabilities.

 

It determines the norm as beneficiaries, these being people who suffer from a mental handicap equal to or greater than 33%, or physical or sensory handicap greater than 65%.

 

Welex, your trial lawyer in Spain! Contact our law firm in Marbella now for any litigation issues in Spain.

For its constitution, it may be carried out by parents, guardians or custodians, the de facto guardian, as well as any person who has a legitimate interest, as well as the disabled person himself, who may request the constitution by simultaneously offering a contribution of goods and rights sufficient for this purpose.

 

The assets will be constituted in a public document or in a judicial resolution. This document must include the initial inventory of assets and rights, the rules of administration and control, and any other provisions deemed appropriate. The contributions may also determine, at the time of their contribution, the destination of such property or rights or, where appropriate, their equivalent after the assets have been extinguished in accordance with Article 6.

The formalisation and limitation mentioned above shall be taken into account in the civil, property and commercial registers, where applicable.

Regarding the form of such protection, Title II of Law 15/2015, of July 2, on voluntary jurisdiction, configures the files of voluntary jurisdiction in matters of persons, dedicating Chapter VI to the protection of the assets of persons with disabilities, comprising 6 articles, although the latter are intended for a procedure of access to personal privacy and self-image.

Its scope of application is the same for the constitution of the patrimony; the approval of contributions; the appointment of the administrator; the establishment of exemptions and the requirement to obtain judicial approval to carry out acts of administration, taxation or others related to the goods and rights of the patrimony; the substitution of the administrator; the change of the rules of administration; the establishment of special measures for the control; the adoption of precautions; the extinction of the protected patrimony and any others related to this patrimony.

The first instance Court in Spain of the domicile or residence of the person with a disability shall be competent to hear this procedure, and the Public Prosecutor’s Office alone shall be empowered to promote it, without prejudice to the fact that the latter may also act on the basis of a complaint.

The application, processing and resolution of the file, once initiated, will be processed according to the rules of the oral procedure after which the judge will issue the appropriate resolution, with the content required by the rule. This resolution may be appealed in both cases, with the exception of the appointment of the administrator.

All of the above demonstrates the technical complexity of the constitution, administration and extinction of the assets of persons with disabilities in Spain. Our procedural lawyers in Spain of our firm WeLex, will assist you in the constitution of the patrimony as well as in its administration and extinction, accompanying you in its management.  

 

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The jurisdiction of judges and courts in Spain in the criminal field

The jurisdiction of judges and courts in Spain in the criminal field

Have you suffered any crime in Spanish territory? Have you witnessed a criminal act being committed in Spain and you don’t know where the facts may be investigated? In the following lines, the English speaking criminal lawyers at our offices in Marbella will give you a first approximation to the jurisdiction, determining the body in charge of the investigation of the facts that could have criminal characteristics.

Do not hesitate to contact Welex, your criminal law firm in Spain. Approach our English speaking criminal lawyers in Marbella, the heart of the Costa del Sol, Spain.

Matters of jurisdiction are an essential element in the investigation of a criminal act, because knowledge of the case by a judicial body that is not called upon by law to carry out an investigation or to prosecute and rule on the case could render that procedure null and void, since it violates the provisions of Article 117 of the EC, as well as Article 24(2) of the EC, and the right of the ordinary judge predetermined by law, which implies that the judge must determine the criminal act before it is committed, outlawing what are known as ad hoc courts.

Read more.

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Do you have any legal question?

At Welex we guarantee you a professional and individual treatment. All our professionals have years of experience in their field, which they put at your service with the aim of attending your affairs quickly and efficiently. Please contact us and we will be happy to advise you. (+34) 952 77 55 21 | info@welex.es

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