Since 2008, we’ve been fighting on the frontline of off-plan claims against banks in Spain, and 2025 is no exception. We’re still very much “in the trenches”, and the courts continue to recognise the banks’ responsibilities towards buyers who trusted them with their money.

Below you’ll find a selection of the off-plan cases against banks won by CostaLuz Lawyers in 2025. There are still a few more in progress, but this gives a good snapshot of how the judiciary is moving.

The judges are, once again, confirming that banks cannot simply look the other way – and the Spanish Supreme Court has been showing a great deal of clarity and common sense lately

5 Problems You Avoid When You Make a Spanish Will

If you own property or any assets in Spain, making a Spanish will is one of the smartest and simplest steps you can take to protect your loved ones. Many foreigners assume their home-country will is enough—until their family faces delays, paperwork and unexpected complications.

Here are the five major problems you avoid when you have a proper Spanish will:

1. Long, expensive and stressful inheritance procedures

Without a Spanish will, your heirs will need sworn translations, apostilles and extra documents from abroad. This often causes significant delays, higher costs, and more stress at the worst possible moment.

A Spanish will avoids:

• Months of extra bureaucracy

• Compulsory translations and legalisations

• Higher notary and legal fees

2. Confusion about which law applies to your estate

Spain has forced-heirship rules (“legítima”), which can limit how freely you distribute your assets. With a Spanish will, you can usually choose the law of your nationality, giving you more control and avoiding legal disputes.

A Spanish will avoids:

• Forced application of Spanish heirship rules

• Uncertainty for spouses or partners

• Conflicts between heirs or between legal systems

3. Problems with banks, the Land Registry and Spanish authorities

Spanish institutions follow local procedures. If your only will is foreign, banks and registries may require extra proof before releasing funds or accepting documents.

A Spanish will avoids:

• Accounts being frozen longer than necessary

• Refusals to accept foreign documents without extra steps

• Repeated requests for paperwork your heirs don’t understand

4. Higher inheritance tax for your heirs

A well-designed Spanish will can help structure your estate in a more tax-efficient way, taking advantage of regional allowances and reducing the taxable amount.

A Spanish will avoids:

• Paying more inheritance tax than needed

• Missing out on regional allowances

• Unnecessary tax burdens for your spouse or children

5. Delays and complications at a very emotional time

When someone dies with assets in Spain and no Spanish will, families often face confusion, legal uncertainty and long waits before anything can move forward.

A Spanish will avoids:

• Long delays in accessing property or funds

• Disputes among heirs

• Added emotional strain during an already difficult moment

Please add any question below: we will be very pleased to help with answers

Today’s rulings at a glance (notifications on 5–6 November 2025)

• The Court dismisses a bank’s appeal and confirms full liability under a collective (blanket) guarantee in a case where buyers paid via Ocean View—a well-known intermediary from the early-2000s boom—without individual guarantees. Outcome: 100% of deposits + statutory interest from each payment date, with costs.

• In a separate ruling, the Court reiterates that statutory interest on deposits runs until the day the buyer is reimbursed, even if the developer is insolvent. The guarantee is autonomous and cannot be cut short by insolvency rules that apply to the developer.

These decisions reaffirm the public-order, buyer-protective purpose of Ley 57/1968 (now developed under Law 20/2015) and close the door on defenses based on “lack of control of funds” or the use of intermediaries.

Why this matters

• Safety consolidated: Spain remains among the safest global markets for off-plan investment.

• No loopholes: Once (1) on-account payments and (2) non-delivery are proven, the guarantor pays in full—no “funds control” defense, no intermediary gap, no interest cap at insolvency.

• Policy continuity: The Court applies the law as it was intended in 1968: seriousness with buyer funds and effective guarantees.

Two distinctive features clarified

• Intermediary structure (Ocean View). Having Ocean View between purchaser and developer—and being the guaranteed entity—does not weaken protection. Payments channelled via the intermediary still trigger guarantor liability when tied to the contract.

• Collective vs. individual guarantees. A valid collective guarantee fully covers buyers upon non-delivery even if no individual certificates were issued.

Practical takeaways

• Collective guarantees bite: 100% refund + statutory interest from each payment date.

• Intermediaries don’t break the chain: Payments via Ocean View (or similar agents) count if they align with the contract and can be evidenced.

• Autonomous guarantee: Developer insolvency does not stop interest against a solvent guarantor (bank/insurer).

• Costs risk: Courts continue to award costs where appropriate.

Plain-English summary of the Court’s approach

• Autonomous guarantee, not accessory surety. Limits like “the surety cannot owe more than the debtor” do not reduce the guarantor’s duty here.

• Interest runs from each deposit until reimbursement. Insolvency interest caps apply to the insolvent developer, not to a solvent guarantor.

• Objective: Make buyers whole and sustain trust in Spain’s off-plan market.

Q&A: Fast answers for buyers

Q1. No individual guarantee—can I still claim?
Yes. A valid collective guarantee for the development is enough.

Q2. I paid through an agent (e.g., Ocean View), not into the guarantor bank. Is it covered?
Yes. If the payments correspond to your contract and you can evidence them, they qualify.

Q3. The bank says it never “controlled” my money. Is that a barrier?
No. Under a collective policy, liability follows the guarantee, not custody of funds.

Q4. What can I recover?
100% of deposits plus statutory legal interest from each deposit date; costs are often awarded.

Q5. The developer is insolvent—does my claim stop?
No. Interest continues until actual reimbursement; the guarantee is autonomous.

Q6. What documents should I gather?
Your reservation/purchase contract, proof of payments (transfers, receipts), agent invoices/emails (e.g., Ocean View), and any collective policy/guarantee wording.

This is another CostaLuz Lawyers victory, delivered hand-in-hand with our litigators at DeCastro Gabinete Jurídico—an alliance born in 2008 when Keith Rule knocked on our door; Keith has been part of the CostaLuz team for years.

If you have any questions, contact us.

Can You Short-Let Here? Spain 2025 Guide

Updated: 4 November 2025 (Madrid). Local rules change—always double-check before you sign.

Thinking of buying in Spain and renting it out? Short-term (tourist) rental rules vary by city, street and even building. This guide gives you a plain-English snapshot: where bans or caps already apply, where tighter rules are coming, how a mid-stay strategy (31–180 days) can keep your numbers working, and what building/HOA rules can block you even when the city says “yes”.

Quick glossary

• Short-term / tourist rental (VUT): nightly/weekly stays.

• Mid-stay: ~31–180 days (often a different legal regime).

• Ban / phase-out: no new licences; existing ones won’t renew after a deadline.

• Moratorium / cap: freeze on new licences or % limits by zone/building.

• Whole-building rule: tourist use allowed only if the entire building is tourist-only.

Where bans or phase-outs apply

• Barcelona (city): No new tourist-flat licences; existing licences are scheduled to phase out on a fixed horizon.

• Palma de Mallorca (city): Broad stop on new tourist-rental licences announced; existing permits remain until expiry.

Practical tip: even where “existing licences remain,” don’t assume renewals. Underwrite your deal without them.

Where strict limits / moratoria are in force

• Madrid (city): Tourist flats generally not allowed inside mixed residential buildings in the historic core; outside, only in tightly defined cases (e.g., separate access or whole buildings).

• Málaga (city): Freeze in saturated neighbourhoods measured by tourist-home share; caps tied to % of homes.

• Granada (city): Cap by district; no new licences where thresholds are exceeded (e.g., historic districts).

• Seville (city): Practical cap in historic areas; new licences commonly denied where saturation is declared.

• Ibiza (island): Multi-year moratorium on new holiday-rental permits.

• Menorca (island): Strong limits on multi-family buildings while capacity planning is in place.

• Catalonia (regional): Many municipalities with housing stress require prior urban licence (5-year validity) with tight caps; numerous town halls are not granting new licences while plans are adapted.

Places moving toward tighter rules (watchlist)

• Valencia (city): Plan to block new tourist rentals in the old town unless the building is 100% tourist use.

• Galicia (various): Historic centres with bans or tight floor-level restrictions (e.g., ground/first floors only) and expanding “saturated-zone” caps.

Reality check: Many coastal towns now apply street-by-street caps and building rules. Your Community of Owners (HOA) can also prohibit tourist use even when the city allows it.

What this means if you’re buying to rent

• Don’t assume renewals. Some cities are phasing out existing licences after fixed dates.

• Building matters as much as zoning. Rules often require separate access or whole-building tourist use.

• HOA rules can veto. Community bylaws may bar tourist use regardless of city policy.

• Mid-stay as Plan B. 31–90+ day rentals often sit under a different framework and can work where short-term is blocked.

• Underwrite two scenarios. Short-term and mid-stay yields at today’s street-level pricing.

Buyer checklist (copy-paste)

1. Decide your model (short-term vs mid-stay) before viewing.

2. Ask for a written zoning & building-use check for the exact address.

3. Confirm if the zone is saturated or frozen (cap % reached? moratorium in force?).

4. If a licence exists, confirm renewal date and conditions.

5. Verify HOA bylaws on tourist use and minimum-stay rules.

6. Price a mid-stay fallback (3–6 months) that covers costs if short-term is blocked.

Mid-stay as a compliant alternative

• Target 31–90+ day stays (contractors, remote workers, education/medical).

• Upgrades that move the needle: reliable heating/cooling, strong Wi-Fi, real workspace, noise control, clear utility policy.

• Price by 90-day blocks with utility caps and scheduled cleaning.

Complimentary Let-tability Study

For clients aiming to buy in Spain and rent, we provide a complimentary Let-tability Study. It covers:

• City regulations and any caps/moratoria

• Building/HOA rules and licence feasibility

• Mid-stay options (31–180 days)

• Street-level pricing and realistic yields

If you share the address or listing, we’ll run the study and send a short memo with go/no-go and next steps.

This article is informational, not legal advice. Local criteria change; confirm with the Ayuntamiento and regional tourism authority for the specific property and dates.

Published: October 2025 — Information valid at time of publication.

A UK executor came to us mid-process: the Probate Registry had paused their application with a one-liner—

“Please provide an affidavit explaining the relevant Spanish succession law.”

Classic cross-border snag. The deceased had ties to Spain, so the Registry needed clarity on which rules applied and what the executor could actually do with Spanish assets.

Snapshot

• Problem: UK Probate Registry requested a Spanish-law affidavit.

• Our work: Fact review (domicile, wills, assets) → expert affidavit under EU Succession Regulation 650/2012 covering legítimas (forced heirship) and executor powers → notarisation + apostille.

• Outcome: Affidavit accepted; Grant of Probate issued without further queries.

How we solved it

1) Pin down the law that governs

We verified domicile/habitual residence, checked for UK and/or Spanish wills, and listed Spanish assets. With that, we confirmed the applicable law under Reg. 650/2012 and whether Spain’s forced-heirship rules affected the distribution.

2) Draft a clear, court-ready affidavit

We produced an English-language expert affidavit that:

• Summarises the relevant provisions of Spanish succession law.

• Explains who the heirs are under that law.

• Sets out executor/administrator powers over Spanish property.

It was sworn before a notary and apostilled for UK use.

3) File, accept, move on

The executor filed the affidavit with the application. The Registry accepted it without follow-up, and the Grant issued—letting the estate move forward.

Why this matters

Cross-border estates don’t have to stall. A precise, credible Spanish-law affidavit translates the legal systems, reduces Registry back-and-forth, and protects timelines.

What we deliver

• Expert affidavit under Reg. 650/2012 tailored to your facts.

• Practical analysis of legítimas and any elective choices of law.

• Clear mapping of executor powers for Spanish assets.

• Notarisation and apostille arranged end-to-end.

FAQ

Will the UK Probate Registry accept it?
Yes—when drafted by a qualified Spanish-law expert, in English, properly notarised (and apostilled if sworn abroad).

How long does it take?
Typically a few days to two weeks once we have everything.

What documents do you need from me?

• Copies of all wills (UK/Spain)

• Evidence of domicile/habitual residence

• Family details and marital property regime

• List of Spanish assets (with basic title info)

• The exact wording of the Registry’s request

Stuck on a “Spanish law affidavit” request?

We prepare Spanish-law affidavits for probate applications across England & Wales and Spain—clear, compliant, and designed for swift acceptance.

Contact us
Service areas: Spain · England & Wales

Author: María de Castro, Abogado (Spain)

If you own a place in Spain (or plan to), it helps to know how a Spanish will differs from a UK/US (or other) will. A few tweaks now can save your heirs time, cost and stress later.

Key points (quick read)

• Which law applies?
  Spain has forced heirship by default. Under EU Succession Reg. 650/2012, most expats can choose their national law in a Spanish will (e.g., England & Wales, Scotland, your US State), restoring the freedom you’re used to.

• Formality
  Spain’s standard is an open notarial will (signed before a notary, recorded and traceable). UK/US wills are private documents with witnesses; no mandatory registry.

• Administration
  With a Spanish notarial will, heirs usually complete a notarial deed of acceptance in Spain faster. Without one, expect extra steps: declarations of heirs, sworn translations, apostilles, and foreign probate papers.

• Taxes (very brief)
  Spain has Inheritance Tax with rates/allowances set by each region. UK has IHT at 40% above its thresholds; the US has high federal thresholds plus some State taxes. Cross-border planning matters.

Often the smoothest setup

• Two-will approach:
  One Spanish will limited to Spanish assets + one home-country will for the rest.
  Make sure they’re harmonised (no accidental revocation) and include a clear choice-of-law if that’s your intention.

Common pitfalls

• No choice-of-law clause when you want UK/US rules.

• A new home-country will that unintentionally revokes the Spanish one.

• Heirs later lacking NIE, translations or apostilles.

Quick checklist

• Spanish notarial will (limited to Spanish assets) with choice-of-law if desired.

• Home-country will updated and consistent.

• Plan for NIE, translations, apostilles, and your region’s tax rules.

Happy to keep this non-commercial and on-thread.
Tell me which jurisdiction your will is from (E&W, Scotland, a US State, Ireland, Canada, etc.) and I’ll outline the practical differences vs a Spanish will and what your heirs would face here.

If you own a property in the Valencia region and rent it out, you’ve probably heard about the 2024 regulatory change that affects how short and medium-term stays must be managed. Many owners still feel unsure: Should I use my tourist licence for all stays? Or can I use a seasonal contract under the LAU for longer holiday lets?

The good news is that the rules are now much clearer.

Tourist Rentals (VUT) – Up to 10 Nights

• Applies to stays of 10 nights or fewer.

• Requires a tourist licence (VUT number) registered with the Generalitat Valenciana.

• Guest data must be registered with the police (SES.Hospedajes).

• Advertising is mainly through tourist platforms such as Airbnb, Booking, etc.

• Services such as bedlinen and cleaning are expected, in line with the tourism model.

Seasonal Rental Contracts (LAU) – 11 Days or More

• Applies to stays of 11 days or more, whether for holidays, study, or temporary work.

• Covered by the Ley de Arrendamientos Urbanos (LAU) as a seasonal let (uso distinto de vivienda).

• No tourist licence is needed.

• The deposit is two months’ rent, and it must be lodged with the Generalitat Valenciana within one month of signing.

• Guest registration with the police is not required.

• Should be advertised as a seasonal or medium-term rental, not as a tourist let, to avoid confusion with tourism regulations.

Why This Matters

Understanding the difference between the two regimes is essential if you want to:

• Avoid fines or the risk of losing your tourist licence.

• Maximise your rental income by legally accepting both short stays and longer bookings.

• Provide tenants with the correct contract type, protecting both you and them.

Quick Comparison

Final Thought

In short:

• Up to 10 nights = Tourist let (VUT).

• 11 days or more = Seasonal rental under the LAU.

This distinction allows property owners in Valencia to combine both systems safely — short tourist lets on licensed platforms and longer stays with proper seasonal contracts.

Have you tried offering seasonal contracts for longer holiday bookings?
Share your questions and experiences here — this is a common issue for many property owners, and your input could help others!