Real Estate Law
Real Estate and Property Registry Law governs legal relationships concerning real property, covering its acquisition, transfer, encumbrance, leasing, and protection, as well as the procedures for accessing the Land Registry that provide publicity and enforceability against third parties. This area integrates aspects of civil, mortgage, urban planning, and tax law, determining the validity of real estate transactions and the legal certainty of registered property rights.
Real estate transactions require rigorous prior legal analysis of both the property’s registry status and its legal regime and existing encumbrances. Buyers, owners, developers, investors, landlords, and financial institutions need specialized advice to properly structure transactions, prevent risks, and resolve disputes arising from title defects, hidden encumbrances, or registry discrepancies.
BGI LAW provides advice on Real Estate and Property Registry Law at all stages of real estate transactions, from preliminary property analysis and contract drafting to registry inscription and legal defense in disputes related to ownership, property rights, and condominium ownership.
Services and Advice in Real Estate and Property Registry Law
BGI LAW regularly handles real estate transactions of varying nature and complexity, advising domestic and international clients on sales, leases, property developments, and real estate asset restructuring. The firm’s work is supported by solid knowledge of civil and mortgage regulations, as well as registry practice and applicable case law.
The firm maintains ongoing relationships with notaries, registrars, and public authorities, enabling it to anticipate issues, resolve registry defects, and ensure proper registration of acquired rights. In matters with an international element, membership in the BGI Global network facilitates coordination when foreign buyers or investors participate in real estate transactions in Spain.
Main Services
Property Sales
Urban Leases
Land Registry
Areas of Practice in Real Estate and Property Registry Law
Real Estate Transactions
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Property Sales
- Analysis of encumbrances, title, and occupancy status.
- Legal and registry due diligence pre-transaction.
- Assistance in completion and post-sale matters.
Developments and New Construction
- Advice to developers.
- Analysis of licenses, guarantees, and bonds.
- Document coordination for deed execution.
Leases (Vacation and Long-Term)
- Drafting and negotiation of lease agreements.
- Renewals, evictions, and rent claims.
- Regulatory compliance for tourist rentals.
Property Rights and Financing
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Condominium Ownership and Associations
- Legal management of homeowners’ associations.
- Challenge of meeting resolutions.
- Claims for fees and common expenses.
Mortgages and Bank Financing
- Creation and cancellation of mortgages.
- Negotiation with financial institutions.
- Coordination of signing and registration.
Easements, Usufructs, and Other Property Rights
- Creation and modification of easements.
- Surface rights and usufructs.
- Claims and boundary determinations.
Taxation, Disputes, and Registry Matters
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Real estate taxation
- Taxation on sales and new construction.
- Municipal capital gains tax (IIVTNU).
- Taxes: Transfer Tax, VAT, and Stamp Duty.
Real Estate Litigation
- Claims for hidden defects.
- Contractual breaches.
- Judicial resolution of disputes.
Land Registry
- Registration and correction of entries.
- Appeals against negative assessments.
- Domain proceedings and first registration.
Work methodology
1. Preliminary Registry and Legal Analysis
Request for registry extract, verification of title, encumbrances, and legal status of the property.
2. Risk Identification
Detection of registry defects, restrictions, hidden encumbrances, or issues affecting the transaction.
3. Transaction Structuring
Contract drafting, negotiation of terms, and coordination with notary and Registry.
4. Execution and Follow-Up
Assistance at signing, registry filing, and resolution of any negative assessments.
Frequently Asked Questions About Real Estate and Property Registry Law
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What legal aspects should be reviewed before buying a property?
Before acquiring a property, it is necessary to analyze the registry title, the existence of encumbrances or liens, the urban planning status, existing contracts, the condominium ownership regime, and the tax obligations associated with the transaction.
Can I buy a property that has encumbrances?
Yes, it is possible, but it is essential to understand the nature and scope of existing encumbrances and assess their cancellation or assumption before completing the sale to avoid subsequent risks.
What is the difference between a confirmatory deposit and a withdrawal deposit?
A confirmatory deposit acts as an advance on the price and reinforces the parties’ commitment, allowing enforcement of the contract or its termination with compensation in case of breach.
A withdrawal deposit allows withdrawal from the contract, with the buyer losing the amount paid or the seller returning it doubled, without the possibility of demanding forced performance.
What is real estate due diligence and when is it advisable?
Real estate due diligence consists of a preliminary legal analysis of the property that verifies its registry, urban planning, contractual, and tax status. It is especially advisable for substantial transactions, real estate investments, and developments.
What taxes are paid in a real estate transaction?
It depends on the type of transaction. Sales may be subject to VAT or Transfer Tax, in addition to Stamp Duty and, in certain cases, municipal capital gains tax.
How long does registration in the Land Registry take?
The usual registration period ranges from two to four weeks, provided there are no defects that must be corrected by the registrar.
What happens if the registrar rejects registration of a deed?
In case of a negative assessment, the identified defect can be corrected or the appropriate appeal filed against the registrar’s decision in accordance with mortgage regulations.
Can the firm advise homeowners' associations?
Yes. The firm advises homeowners’ associations on matters relating to condominium ownership, challenge of resolutions, claims for fees, works, disputes between owners, and regulatory compliance.
What is the difference between a long-term lease and a vacation rental?
Long-term leasing is intended for primary residence and is governed by the Urban Leasing Act, while vacation rentals are subject to specific regional regulations and additional administrative requirements.
Can claims be made for hidden defects after a sale?
Yes. When the property has serious hidden defects that affect its use or habitability, the buyer may exercise the corresponding legal actions within the time limits established by law.
Contact
Real estate transactions involve significant investments and lasting legal effects. Rigorous preliminary analysis and specialized advice are essential to ensure the legal certainty of the transaction and adequate protection of the acquirer’s or owner’s rights.
If you need advice on Real Estate and Property Registry Law, the BGI LAW team can analyze your situation and assess the most appropriate legal action.
Proposals for regularization and improvement of regulatory compliance.
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