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Monday, June 18, 2007
EOS Team
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Our regular legal contributor, Maria de Castro, who writes such informative articles for our newsletter, is asking about what you'd like her to write about for future articles.
It doesn't necessarily have to be property related, it could be to do with commercial law, employement law, residency, etc.
Please post your suggestions here and this will give Maria plenty of ideas to keep us all up to date with the law in Spain.
Thanks
Justin
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18 Jun 2007 8:19 PM
Roberto
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How about the low down on the famous "denuncia" system? I think this is something that most Brits find quite peculiar. What do you do if you want to "denounce" someone for having a barking dog next door, or what do you do if someone threatens to "denounce" you for whatever reason, for example?
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"For I am a bear of very little brain, and long words bother me" Winnie the Pooh
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19 Jun 2007 8:08 AM
melkov
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I think many of us find building practices in Spain to be somewhat different from those in the UK. What happens if you're having difficulty reaching an agreement of the cost of supplies for a building with a developer? For example, is there an independent disputes authority that can settle the matter, with bnoth sides agreeing to whatever decision they come to.
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19 Jun 2007 8:27 AM
bunty
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We are self-employed professionals who are looking to extend our business to Spain. Initially we would want to rent an office space with waiting facilities a consulting room toilet etc and offer our services say on a Friday and Saturday. We would then operate this business in tandem with our UK business and if it is successful adjust accordingly.
We are self-employed in UK and the Spanish business will initially be an offshoot of that with both income and expenditure under our UK accounts.
What are the Spanish laws that apply and what would we need to do?
Mike Radford
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19 Jun 2007 8:40 AM
gitana
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I would like to know where we stand with the Court of Human Rights regarding breach of contract by Huma, witholding money paid to them, not issuing bank guarantees as per contract. Surely we have the 'right' to have our money returned to us without waiting until the day before a court date when Huma miraculously come up with the money WITHOUT interest. Huma seem to be getting away with an awful lot!
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19 Jun 2007 8:59 AM
KellyMaria
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Hi Maria,
I would like to know other than applying for residencia what proof would the Hacienda accept as living perminantly in Spain, my children have been going to school for the past two years, I have had an active bank account for two years I live in a small village so our Mayor can write a letter to confirm this. The reason I ask is because I have paid no wealth tax and because my property falls under 150,000€ I thought being resident I would not have to pay any wealth tax. Also when is the last date of applying for the residencia certificate and if I cannot get it by that date am I subject to fines. Please please help as this is worrying me so much.
Thank you,
Kelly
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19 Jun 2007 10:13 AM
janelouisestockdale
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I would like to know what tax implications there are for people living in the UK but with a holiday home in Spain. We will not be letting our Spanish property - this will purely be for our own holidays. What amount should I set aside each year for the Spanish tax man?
Jane Stockdale
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19 Jun 2007 2:19 PM
eltel
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I would like to know if there are any restrictions in Spain with regard to using CCTV to protect your property. For instance must there be notices displayed stating who is doing the recording. Are there any privacy laws which say you cannot record anything beyond your own property etc.
I look forward to seeing the reply.
Terry
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19 Jun 2007 3:40 PM
tyrills
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hi maria,
my ppc states that the apartment will be ready in the second quarter of 2008. having read many posts on eos i get
the impression that if it is ready on the 1/4/08 then i dont have to complete until the end of june , which would suit
me better. is that right or would i have to complete on the date they give assuming the lfo etc is in place.
thanks jeff 
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jeff  angela
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19 Jun 2007 4:25 PM
trampolin
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Hi Maria my question is regards to payment of IVA tax on new builds. In my case I purchased my plot of land from the builder and have my escritura for this plot. I then instructed the builder to build my house to one of his designs but including quite a few of my own changes. Does this mean I no longer have to pay 7% tax but only the lesser stamp duty tax.My house escritura is ready in a couple of months and I need to know how I stand legally with regard to house tax. Thank you for your help Gordon
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19 Jun 2007 5:31 PM
PaulFreeman
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Hi Maria - like Jane (see below), I would like to understand what I need to do and what hoops I need to jump through to satisfy the Spanish tax authorities. We have an appartment for our own use, and use it for holidays but do not let it out.
Thanks, Paul Freeman
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19 Jun 2007 5:47 PM
maggs
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Hi Maria - I would be grateful to know when buying an off plan property and the contract says quite clearly you are entitled to your money back plus interest if your property is not completed on time why I am told if I go to court for my interest the judge will not agee to the interest being given back. - Many thanks
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20 Jun 2007 11:07 AM
tracyrimmer
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Is it possible to part exchange a house in Spain and what are the legal implications, taxes etc?
I would like to downsize and have a mortgage on a property the people intrested in buying would like to takeover the current mortgage and save on costs, I would then be free to buy a smaller apartment is this possible?
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20 Jun 2007 6:32 PM
mariadecastro
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Thanks for all the suggestions.
I will try to cover the aspects you have questions about in next articles, as you know I am pregnan and due at the end of July. As as aresult of that and of the holiday break I will be taking August off. It hapens that I am blessed to have a great chilcarer ( my husband) and a house keeper too ( my hudband too- he is a big part of the secret of some efficiency we can provide--apologies when not full)....anyhow... It means that I will have time off for some legal writing with my particular use of the english language that you are so kind to accept :)
Best wishes to you all,
Maria and her team ( my husband, my father, my brother and my sister in law so far: great relatives and high proffessionals all of them)
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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20 Jun 2007 6:48 PM
chev
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Hi Maria
Our problem concerns snagging work. We completed in December 06 on phase three and still have outstanding snagging work. Initially we were told it would take 6 weeks, 6 months later we still have a couple of reasonable size snags to be completed. We have tried to contact the various parties Arenal then Geren on numerous occasions but neither has come back to us. Could you suggest a way forward.
Thanking you in advance for your assistance
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20 Jun 2007 7:26 PM
Pitby
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Maria, well what can I say?? Just how fantastic are you to be considering all these queries for your articles and to keep everyone informed, at this late stage in your pregnancy!! You deserve a medal!!
You and your family will have your hands (and hearts) full, come the end of July! Wonderful!
Just in case some of the people who have posted here are not clear though, I thought I would point out to those who are looking for immediate responses that, if you look at the first post by Justin, you will see this thread is meant to be for suggestions/ideas as to what people needed to know and Maria could write about in her articles, which she contributes to EOS.
I think some here have posted queries that, from reading, they would like specific responses to. Maybe, if you search the forum, you will find answers to your questions. There are loads of threads on here about buying property, selling property, problems with developers and agents, legal issues, taxation issues, etc. You may have to trawl a little, but I'm sure you will see lots of discussions which canvass your particular issue.
The search engine isn't perfect (!!) but should throw back a few links to stuff you may be concerned about and questions you want answers to.
Sticking my oar in as usual, but just wanting to help those who may be able to find answers to those questions/problems, that are obviously urgent to them and not a suggestion for an article, on the forum threads.
Good luck - and only the best of everything to come for you and your family, Maria!
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20 Jun 2007 9:42 PM
Richard Stent
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Hi Maria,
I am very unhappy with my lawyer. Is there a Spanish equivalent of the the British Law Society ?
Many thanks
Richard
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20 Jun 2007 11:40 PM
mariadecastro
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Dear Jan:
Thanks so much for your post. It has been a good " capotazo" ( cape offering) as we say in Spain under Bullfighting terms. I will try to be covering all the aspects/questions which has not been covered in the Forum yet soon in coming articles that I can title " Miscellaneus".
Yes, it is a thread for sugeestions for articles that I will be writing during the month of August and delivering through Justin in a regular basis duting the next months.
As they are general legal info, I can cover any aspect which may be of interest for foreigners in Spain, even though my real expertise is on Contract and Consumers Law.
Best night to you all,
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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21 Jun 2007 12:38 AM
Patrick501
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Hi Maria,
I'd like your advice on the Purchase Tax of 7% which was not previously charged, but some developers and lawyers are now saying must be paid for properties sold before completion. As it was not known about or advised as a cost when the contract was entered into, must it still be paid? To implement a new law for contracts already signed seems unjust. Thank you.
Patrick
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21 Jun 2007 1:27 PM
costakat
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I wonder if you could provide us with the legalities of swimming pools in a community. I.e the licence, if you need a life guard etc.
Thanks
K
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