Question 1:

All the houses in our development have been so badly built that the developer has had to move everybody out whilst huge remedial works are carried out. We are going to be out for 15 months plus. They have given us a rent allowance for another house. However, they charge the community 80,000 euros pa for the macro community and they refuse to stop this payment. We are already still having to pay community charges (although reduced) but can they still make us pay for the macro community when no-one can live there. The place is a building site again and we are not even allowed to enter.

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Question 2:

I would like to buy a parcela rustica in the Alicante Lalon area of at least 10.000 square metres but would but like to put up a timber framed house. Am I limited to 2% for the ground floor area of the home and if it is a pre-fabricated or timber framed house without conventional concrete foundations do I have to apply for building regulations approval? What are the disadvantages and advantgaes of 'temporary houses?' TA!

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Question 3:

We sold our 3bed garden apt in May 2010 in Marbella 3% retenion was sent to the Taxman 8100euro when will this be paid back to me ?

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Question 4:

How is the non resident tax calculated? Is it 2% of the valor catastral, for instance my valor catastral is 117.518.57eurs. I have been told that I owe 324 euros , which I think is more than 2%.

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Question 5:

I rented my apartment in almerimar through a local letting agent,who has since ceased trading. We have had a Spanish lady renting for the last 2 years and has paid her rent on time.my worry is that we have no legal paperwork for a rental agreement, how can I resolve this situation?

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Question 6:

When a property is repossessed by the bank or the property/properties owned by a company that has gone bankrupt, does the Bank or building society take on the responsibility and liability of (1) the oustanding community fees and (2) the future community fees. Our complex has a situation where a company has gone bankrupt that owned 4 properties(all now reposessed) and were owing several thousand euros in Com Fees and the debt is still increasing each month. What can the community do?

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Question 7:

I won a court case against my developer nearly 3 years ago to have my deposit refunded. I am now being told that the court is proceeding to publish the sentence. What does this mean ? Also having won the case 3 years ago if I cannot get my money back can I still claim from the Bank?

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Question 8:

I am 66 and I have an interest only mortgage up to the age of 75. At present it is on an interest only basis but is due to become capital and repayment. The property is now up for sale as I will not be able to afford the new payments. If i continue to pay the interest can the bank take any action through the court to repossess.

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Question 9:

I paid a deposit and stage payment to a developer in the Costa del Sol in 2004 on an apartment that was due to be finished in 2006 but the completion date was much later than this and was eventually some time in 2008 by which time banks had stopped giving mortgages and as such I couldn't get finance on my unit subsequently I have not completed on the deal so apart from suing the developer which would eat up the 38000 euros I've paid to date is there any other way of getting this money back? (The developer also failed to secure bank guarantees for the development and at one stage the project was halted legally)

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Question 10:

I own a property in Spain as a holiday home value about 400,000? I am 80 years of age and have left the property to my 2 sons they are not resident in Spain but 1 owns a property at about the same value in the Costa Blanca, My UK assets are about £500,000. can you tell me what tax will be payable by them on my death and what can I do to avoid it?

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Question 11:

We have a structural problems caused by poor construction methods and the foundations have moved due to subsidence. With the pool and the associated building housing the pump room toilets and changing rooms being the worst affected. The developer despite requests both verbally and in writing to agree to make good the defects. Just chooses to ignore our approaches. We are still within the 10-year defects liability period and again we get no answer from the developer when asking for a copy of the insurance certificate. Can Maria tell me "At the time of submitting plans to the town hall would the developer have had to provide a copy of the insurance"? Or is there a central register of Insurance policies?

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Question 12:

We completed purchase of property in Jan 2009. However development has stopped so no communal pool and no gardens. Builders supply has been disconnected and we haven't got habitation certificate. so no electricity. what can we do. We have a lovely fully furnished house which we can't use. Can I get my own habitation certificate from town hall or does the developer have to supply this?

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Question 13:

We own 3br-3bath apartment which was built in 2002. we have the same renters there since oct.2007. they wanted 11 month contracts, every time it was renewed through an agency which collected 10% from each monthly rent. they stopped paying the rent 5x, did not pay the deposit and debt from the previous contract. we did not renewed the contract this time. the agent says they have financial difficulties.they received the notice to move out in timely manner. they should have moved at the end of february 2011 when the contract ended but they are staying in our beautiful apartment without paying and without the contract. how can we get them out? we have heard some horror stories where people stayed long time without paying the rent until the court case came up. we lowered their rent in previous contracts fullfilled all their wishes as the agent suggested, but now they say they have to stay until end of april because they have to save money for the new deposit and rent when they move to a different apartment. what a nerve!! as if we were the bank! the agent does not answer the phone or e-mails and we do not live in spain. what chances we have if we take them to court, the agent says they don't own any property. how can we get them out?

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Question 14:

Our bank guarantee had NO DATE on it!! only a reference number that applied to A DOCUMENT that we were NEVER given - this stating it had a 2 year expiry! Our property was OFF PLAN - never started - so far we have spent another £5000 going after developer - we have won our court case but no money back as developer owes monies to bank etc - we were advised NOT to take action against bank as they WOULD BE TOO POWERFUL!! what is your view on this would it be too late to TAKE ACTION AGAINST CAJA MURCIA BANK after approx 2 years???

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Question 15:

What taxes are my wife and myself liable for as non-residents wishing to sell our property and buy another,both in Spain?

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Question 16:

If a property is handed back to the bank which has a mortgage greater than the value, will the bank pursue other spanish property assets and or uk assets for the difference?

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Question 17:

My house is 1 of 90 on a development. There is a Community to look after the shared swimming pool. The pool is too small (it can only take 2-3 people at one time) for the community and is a constant source of argument. Many owners never use it and do not want to pay 160 euros a year. Is it possible to reorganise a community into 2 levels, for example Users and Non Users each paying a different annual charge?

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Question 18:

We intend to rent a small place on an urbanisation from other uk people. ¿Is an informal written agreement on the state of the property, the rent and the period sufficient?

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Question 19:

Our house which is let in Benedorm is in my husband and my joint names. As we are unable to sell it, we would like to leave it to my husband's son. Do we have to redo our Spanish will. The house is not mentioned on our British Will as we'd hoped to sell it on. My husband is now 75 and I do not want the responsibility of it. The rent only just covers the outgoings.

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Question 20:

I want to buy an apartment in the aparthotel? It's my first time. Can you please, explain me what documents I need to check before I'll buy it? And am I going to be the owner of this flat and if I am going to have the address like in my property? Can you please explain the owner law about the aparthotels in Spain?

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