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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Management tip 7. PostCrisis values: simple proposals I
31 May 2010

Starting today a serie of quick posts on Daily values at work or Work Values for a crisis

Based on what our team consider to be as pivotal values and actitudes for:

- Building healthy team life

- Displaying powerful clients´ care

- Enjoying an increasing satisfactory work life

- Performing social risponsability in a natural way

- Making the company run and endure

It will be a daily snack of simple ideas... nothing extraordinary

Today´s : Patience

A quote by a great person:

" If I have ever made any valuable discoveries, it has been owing more to patient attention, than to any other talent"  Isaac Newton

More coming tomorrow...

The Costaluz lawyers team

 

 

 

 

 

 


 


 

 

 

 



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Legal tip 283. Inheritance and wills in Spain for dummies, IV
31 May 2010

If you want to leave your widow or widower with the greatest possible rights, you can bequeath him/her the “universal" usufruct, (all you had before dying) and name your children as heirs equally.

The widow/ widower will be able to use  and receive income and benefits of the common patrimony  (if they were married under the common goods system). In no event he/she may sell anything without all the children give their consent. Once the widow/widower dies, the children will receive, without limitation, inheritance of both parents.  

By Jesús and María L. de Castro

El sitio de mi recreo. por Basilievich.

La Barrosa beach, Chiclana, Cádiz, Costa de la Luz by Basilievich at Flickr.com



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Legal tip 282. Inheritance and wills in Spain for dummies, III
28 May 2010

You can either specify particular properties o assets to be attributed to certain person/s or just make general statements on who are your heirs.

When you attribute a good to a specific person, this is called a “legacy” and the beneficiary is  a " legatee". These legacies also need to respect the legal portions of legal heirs.
 
You can also designate one or more persons to deal with the inheritance: an executor.

It is also possible to appoint guardians when there are minor children, for the case if both parents are missing. 

The will is always revocable, meaning that you can always change it. It does not impede you to sell your assets as the will have no legal effects till you die

More on next Monday!

Have a great weekend

Maria

Paseando por la playa de Tarifa con Tánger al fondo por Chodaboy.

Tarifa ( Europe) with Tanger ( Africa) in the horizon by Chodaboy at Flickr.com



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Legal tip 281. Inheritance and wills in Spain for dummies, II
27 May 2010

Who are your legal heirs and how much to leave them? .

- Children and descendants:  two thirds of the inheritance: a third of the estate is to be left equally to your children, and another third to your children and grandchildren. This last third ( called " de mejora") can be distributed freely among these or can be left just to one or some of them.

("One third to all descendants, one third to selected descendants")

- Parents and ascendants: if you do not have children or descendants, you need to leave to your parents or any direct ascendants:

*One third if your widow/widower is still alive

*One half if your widow/widower is not alive or you were not married.

("To ascendants, when you do not have children: one third if you are married, one half if you are not married")

- Widower or Widow:  right to usufruct of:

*One third if you have children or descendants

* One half if you do not have descendants bu you have ascendants

* Two thirds if you have no descendants or ascendants

(" To the spouse: one third if descendants, one half if ascendants, two thirds if none of them")

 You can only deprive these people o legal inheritance rights in disinheritance cases, regulated by the Civil Code and very unfrequent in practice. Outside these limits you have freedom to name heirs and legatees.

More is coming!

Jesús Castro and María L. de Castro

Atardecer en Chiclana 4 por sergi.gisbert.

Sunset in La Barrosa, Cádiz, Costa de la Luz, by Sergi Gisbert at Flickr.com 



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Legal tip 280. Inheritance and wills in Spain for dummies, I
26 May 2010

WARNING: These posts will mention so avoided terms such as " your death", " your will" or " your heirs". People with hipersesitivity to these, please abstain :)

"According to Spanish law, the succession is governed by national law of the deceased at time of death"

It is the well known provision 9.8 of our Napoleonic Civil Code:

"La sucesión por causa de muerte se regirá por la Ley nacional del causante en el momento de su fallecimiento, cualesquiera que sean la naturaleza de los bienes y el país donde se encuentren. Sin embargo, las disposiciones hechas en testamento y los pactos sucesorios ordenados conforme a la Ley nacional del testador o del disponente en el momento de su otorgamiento conservarán su validez, aunque sea otra la Ley que rija la sucesión, si bien las legítimas se ajustarán, en su caso, a esta última. Los derechos que por ministerio de la Ley se atribuyan al cónyuge supérstite se regirán por la misma Ley que regule los efectos del matrimonio, a salvo siempre las legítimas de los descendientes"

This dense provision actually set these three basic rules:  

1) Sucession after death will be governed by your  National Law  at the moment of your death, regardless nature of assets and country where they are located.  "Your nationality will govern your death"

2)  Old wills or inheritance agreements made in the past under a National Law, different to your nationality when dying will be valid if they recpect rules of  reserved portions" Your foreign past wills are valid if they respect legal heirs"

3) Inheritance Law applicable to your  widow will be the same as Marital Law, always respecting reserved portions of descendants. " Your foreign widow comes after your descendant legal heirs"

But who are those " legal heirs" and how much they get by Law? We will explain this in our next post.

 

Best wishes,

Jesús Castro and Maria L. de Castro

 

Conil's Beach por motxilos!.

 Conil beach, Cádiz, Costa de la Luz by Motxilos at Flickr.com



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Legal tip 279. Cheaper Notary and Registry fees
25 May 2010

The Government has included a reduction of 5% on fees charged by notaries and Property registrars in relation to documents where value is expressed such as deeds of house purchase.

This has been made in the recent decree of extraordinary measures to reduce the deficit.


A small lifeline to future owners, who in short, effective July 1, will see the rise of a point of VAT and at the end of the year, from January 1, 2011, will see how the deduction for purchases disappear.

This has been the rate scale so far:

Until       6,010.12--------------------------------------------------90.15 euros

Between  6,010.13 and 30050.60 euros-------------------------- 4.5 per 1,000

Between 30,050.61 and 60,101.21 euro------------------------- 1.50 per 1,000

Between 60,101.22 and 150,253.03euros-------------------------- 1 per 1,000

Between 150,253.04 and 601,012.10 euros----------------------- 0.5 per 1,000.

Between 601,012.11  and 6,010,121.04 euros-------------------- 0.3 per 1,000

From 6,010,121.05: the amount that may be freely agreed by the parties.

Cañas de pescar, Sancti Petri por Heart Industry.

Sancti Petri, Cádiz, Costa de la Luz by Heart Industry at Flickr.com 



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Legal tip 278. Tax residency in Spain
24 May 2010

 Being a tax resident in Spain involves being subject to income tax in Spain. On the other side, being non-resident for taxes purposes implies to be subject to non-residents income tax. 


How is it determined?


When considering the tax residence of a person, we always take into account not only the Spanish law on personal income tax but also provisions of applicable international agreements.

Income Tax Act provides two criteria for determining fiscal residency in Spain:  

 

 

-          People who spend more than 183 days during the calendar year in Spanish territory

-          People who has the core or the base of their activities or economic interests in Spain.


Anti-abuse clause


Also known as the "fiscal quarantine."  This clause is intended to avoid relocation for tax purposes and provides that   those persons of Spanish nationality who can prove their new residence for tax purposes in a country or territory considered as a tax haven will not lose the status of taxpayers by income tax. This rule will apply for the tax period in which the person relocates and during the next four years.

See related articles
here

Caños de Meca por JuanJe.

Caños de Meca, Cadiz, Costa de la Luz by JuanJe at Flickr.com

 



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Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers
22 May 2010

Because we see this is what is needed in the most of the cases were people bought off plan and did not receive a Bank Guarantee,

Because claimers are frustrated and tired of waiting for years for a Court decision to be honoured and this does not happen due to the financial status of developers,

Because it is a great tool to try to put some correction to the financial system in off plan purchases for the protection of buyers so we can be sure these current problems will not happen again in our country,

Because we need to show to foreigners that Spain has a strong and coherent legal system,
 
Because we can offer low cost action to groups of people under the rules of our professional ethical code,

Because Banks have been the necessary element without which the current off-plan disaster in Spain would have never happened,

Because Law 57/68 makes them clearly liable for the lack of Bank Guarantees,

Because we have been studying this action for months with the help of a first class Law Professor who is available to answer questions in Court regarding the report he produced for us,

Because it is necessary, because you need it mainly

We are offering to all the EOS members the possibility of joining existing actions against Banks under provision 1.2 of Law 57/68 at a much reduced cost.

Main ground of Law 57/68 is the protection of money advanced by individuals before construction work begins or during it, in many cases the savings of a lifetime.

The actual preamble or “exposición de motivos” of the said Law establishes that all the "abuses in this type of businesses have made as necessary the establishment of general preventive rules which will guarantee both the real and effective application of money advanced by purchasers and prospective customers to the building of the house and to the refund in the event that the building does not take effect".

The most preventive, general, inalienable obligation that this Law established was for banks or savings banks, where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurance UNDER THEIR LIABILITY. Banks were therefore here established as guardians of legality and finantial correctness. 

Please contact us here: web@costaluzlawyers.es if you want further information about this.

Have a great week,

Maria L. de Castro 
o
 
Tarifa Harbour by Luis López- Cortijo
 

 



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Legal tip 276.Public Insurance for rentals
20 May 2010

The Public Society for rentals (SPA) under the Ministry of Housing has created a new insurance covering unpaid monthly lease rents for 13 months. This adds to the current offer of this type of Insurances by private companies.

The main advantage of this type of Insurances is that the landlord does not have to wait to obtain a court order to receive financial compensation from the insurance company. Compensation is paid to him as soon as the lawsuit is brought to Courts. 

The insurance by the SPA also offers compensation for damages or thefts of up to 3,000 Euros. It also provides legal defense up to 3,000 Euros to the conflicts that may arise, among others: evictions for non-payment or non authorized works, as well as other claims.

 
It also provides a 24 hours help desk to deal with damages caused by events which are not covered by the insurance policy.

 
In order to sign the rental insurance, the landlord must provide the lease contract and the tenant's documentation to ensure that the payable rent shall not exceed 35% of their household income. 


This insurance by the SPA has a cost of 23.4 Euros per month for rents up to 600 Euros. From this income threshold, the amount payable is increased proportionally.

It has always been our advise to use this type of Insurances, either provided by a public or a private company, and to submitt the rentals to arbitration rather than Courts.

For earlier posts on this you can click on here  or here

Warm wishes,

Maria

"The Cape of Trafalgar, from the road among Zahara and Barbate (Cadiz)", by Luis López-Cortijo



 



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Legal tip 275. Northern europeans, sun and cooperatives in Spain II
19 May 2010

Cooperative values are:  self-responsibility, democracy, equality, equity, solidarity, honesty, transparency, accountability and social vocation.

Cooperative principles: guidelines by which cooperatives put their values into practice.

- Voluntary and open membership (so-called principle of "open door")

- Democratic management by the partners.

- Member economic participation (In the broad sense: both capital and labor)

- Autonomy and independence.

- Education, training and information.

- Cooperation among cooperatives.

- Concern for community. 

These so modern principles against the old and always ugly "capital only", is in our opinion the best legal formula for communities of elderly UK and Norther European people who this way will be able to democratically organise themselves and share information, legal and financial costs, health and lifestyle tips and resources, experience... for the enjoyment of a retirement under the sun in Spain.

We will explain how to set a cooperative company in Spain and its adavantages in a coming post.

Warm wishes,

Maria

"The river El Cachón (Zahara, Cádiz), with the Cape of Trafalgar at the end of the picture", by Luis López-Cortijo



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Legal tip 274. Northern europeans, sun and cooperatives in Spain I
18 May 2010

 
 
Current over-supply of houses and in some cases almost entire uncompleted developments in Spain these days,+ low prices,+low euribor rate gives to Northern Europeans a fabulous opportunity for business related to sun, retirement and elderly.  

The establishment of cooperatives to buy, rent with option to buy or any other possible legal formula is a good option for the access to the current over supply of these sun-units in Spain.
 
Some hints about cooperatives in Spain:

Provision 1 of Cooperatives Act. Dated July 16, 1999 defines cooperatives as a corporation of affiliated persons, with full freedom to enter and leave in order to conduct business activities designed to meet their needs and social and economic aspirations, with democratic structure and functioning in accordance with the principles formulated by the International Cooperative Alliance.

Indeed, the cooperative is a “personalist” business, which follows from the fact that capital is important but not essential. Its role is limited to the financing instrument of the corporate structure and activity in cooperatives. The contribution of each of the partners in the capital of the cooperative will not determine or the right to vote (which will be one for each member, except for exceptional cases) and involvement in social surplus.

This association of persons must meet a number of features, such as the free membership scheme and voluntary resignation and democratic structure and functioning. But in addition, the cooperative will act in accordance with the principles formulated by the International Cooperative Alliance. This is because the legislature has incorporated as mandatory those guidelines from the Declaration of the International Cooperative Alliance on the Cooperative Identity (Manchester, 1995).

We will know more about this legal formula tomorrow.

Have a good Tuesday!

María
"El Cachón: the river of Zahara de los Atunes", by Luis López-Cortijo
 
 
 


 

 



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Management tip 6. Ethics, Business and Society IESE Symposium
17 May 2010

 
Top Stories
 
 

Moral Crisis: IESE Symposium Draws Ethics Experts from Around the Globe

International Symposium on Ethics, Business and Society
May 14, 2010
 

Today marks that start of IESE's 2-day annual International Symposium on Ethics, Business and Society, which is now in its 16th year. The event brings together experts from universities from all over the world to debate ethical principles and how they should be adopted in distinct business sectors. Participants will also address how to integrate a human-centered view into business management.

Among the participants is Rakesh Khurana of Harvard Business School; Paul H. Dembinski of the University of Fribourg and founder and director of Observatoire de la Finance in Geneva, Switzerland; and Antonio Argandoña of IESE, who was recently named one of the world's most prolific authors in the field of business ethics.

The Symposium, chaired by Prof. Domènec Melé, opened yesterday with a special Continuous Education Program session in which Stefano Zamagni (University of Bologna) and Robert G. Kennedy (University of St. Thomas) discussed the challenges laid out in the papal encyclicalCaritas in Veritate.

During a session in the morning on Friday, Khurana sketched out the history of business schools. After the Second World War, when further education was free under the GI Bill, one in seven students opted for business studies. The result was a rapid and poorly regulated growth of schools with little common agreement about core content. Economics dominated, and continues to dominate, and schools have tended to produce students who see their role in business as representing the shareholders' interests and nothing else. 

"The crisis has been met with a deafening silence from business leaders, which reflects on the sort of people they are," he said.

Paul H. Dembinski of the University of Fribourg said an obsession with transactions had been pushed so far that it had undermined and fractured relationships.

He said there was "no room for ethics because there was no room for sense," adding that it was not enough to address the "ethics issue" on the corporate level and that it has to be "embedded in everyday life and culture."

For more information

 



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Legal tip 273. Justice in Spain from 4th of May 2010 on
13 May 2010

The reform of Justice in Spain aims to the right of citizens to judicial services to be expeditious, transparent and consistent with the values proclaimed in the Constitution. The legal text of the reform is "Ley 13/2009, de 3 de noviembre, de reforma de la legislacion procesal para la implantacion de la nueva Oficina judicial". It came into force last Tuesday, the 4th in May.

 
Through this reform,  Judges are intended to work just to judge and to execute judgments,  as our Constitution proclaims, downloading all other functions that are currently developing the Courts,  and which are not strictly judicial in other officers working in Courts.

This objective entails the creation of a new work system, with the introduction of the new judicial office and adaptation to the same of the procedural laws, which provide support to the judicial function.

 
Thus, judicial clerks will be developing work on certain materials which are necessary in the judicial procedure but that are outside the scope of judicial authority.

 
The procedural law reform primary aims to regulate the distribution of powers between judges and clerks. Therefore, the initiation and conduct of the proceedings until the issuance of the ruling, except for certain cases that would be studied by the Judge,
is attributed to the Clerk.

 
For its part, the execution of the Court Decission, except those aspects that are reserved to the judge, is also attributed to the Clerk.

 
A complementary objective of the reform is the strengthening of the guarantees of the citizens, to this respect, the recording of all hearings and trials has been extended to both labor and criminal procedures, which just used to be for the civil order before.  


Another complementary objective is to facilitate the accumulation of processes and executions, in order to avoid multiplicity of proceedings where different processes have the same object, with the pertinent economic and personal wear that are involved in these unnecessary delays.

Another important procedural reform is about the Monitorio process (abbreviated), which will be applicable now for due and documented debts up to a hundred and fifty thousand Euros. This will mean that the declaratory process, adversarial, lengthy and expensive will be avoided in many occasions.

 

By Jesus and Maria L de Castro

"Zahara de los Atunes (Cadiz) on the left side of the picture", by Luis Lopez-Cortijo



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Legal tip 272. Sole regulations for all inheritances in Europe
13 May 2010

The European Commission seeks common legal processes in matters of inheritance for all the States members. This means basically: (a) implementing a common law, (b) to allow free movement of probate records and rules and (c) adopting a European Certificate of Inheritance. 

One law
 
The proposal is to apply the law of residence. Means that procedures are carried out under the law of the place where the deceased had his/her residency at his/her death

Freedom of movement for probate records and rules  
 It suggests establishing an online European network with the probate records of the 27 countries. 

European Certificate of Inheritance 

 Document certifying whether a person is heir, irrespective of domicile. 

The regulation is necessary due to the importance that inheritance transfers have within the EU. 450 000 probates are formalized each year among member countries, according to the General Council of Notaries. This represents more than 123,000 million Euros. 8 millions live out of their country of origin, and there are 2.5 million properties belonging to people living in a  different state to the one they have a property in. 
'The diversity of rules, authorities and the division of inheritance is an obstacle to free movement of persons within the EU. They face great difficulties in exercising their rights in international succession 'stresses the new European regulation in its explanatory memorandum. 

The debate is open. Member States are currently negotiating. Al of them are supporting the initiative, but differ in their application. Still, the idea is to reach an agreement before the end of the year. 

In addition to certain technical discussions regarding the European Certificate of Inheritance, a major sticking point is the profound difference from the political point of view. In Europe different legal systems coexist and implementation of a single law raises doubts by MEPs who consider that the unification will alter the national standards. 

The problem is that the discussion of inheritance is very delicate, because it is rooted in history and culture of each country, said John Ball, former president of the Council of the Notaries of the EU. 
However, it is an objective that Europe will not leave, according to MEPs who support the measure. In any case, the MEP and author of the proposal, Kurt Lechner, states that the adoption of the rules depends on the political will of the EU institutions and member states.

 
Our secretary of State for Justice, Juan Carlos Campo, has recently expressed his concern about the non-participation of the United Kingdom in the future regulation, "given the importance of the British colony in Spain, and the number of properties they own in our territory. 

 www.successions -europe.eu, provides the information necessary to understand the steps that a person has to go on a cross-border succession procedure. 

Notaries and representatives of the European Union have also stressed the need to articulate a tax coordination that will avoid the 'dumping' between the different laws of succession.

 

"A bunker left --on the left side of the picture--,among the beach of Atlanterra (this one you are looking at-- and the beach of German people (this is its name).Zahara de los Atunes, (Cadiz)", by Luis Lopez-Cortijo.

 

 

 



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Legal tip 271. Swimming pools regulations
12 May 2010

 

Now that Summer is near, we are re-publishing this article that Justin gently publish on EOS newsletter in August 2007, please let us know if you have specific questions regarding your community  pool

 

 

Swiming poolA definition of a pool: A pond of water, of variable dimensions, with an intended use for bathing, swimming and practicing any swimming related sports.

Many classifications can be made according to its size and works execution. According to its use they can be classified into public pools, common pools and private pools.

A leisure space is a place intended for fun, pleasure or resting. Such as tennis courts, paddle courts, sauna, mini-golf, etc.

Pools, tennis courts, playgrounds, etc., of buildings under the Horizontal Property Actregime need to be considered as common areas, unless the Constitutive Title or the internal regulations states differently.

Regarding their regulations, pools are subject to a specific regualtion, composed of National, Regional (or of the Autonomous Communities) and local rules.

National Regulation on this matter is contained in an Order of 31 May 1960, which regulates the regime of public pools and an order of 12 July 1961 which sets the rules for private pools.

Competences on this matter have been transferred to Autonomous Communities:

Autonomous Communities Regulations on Pools:

 

AUTONOMOUS COMMUNITY

APPLICABLE TO 

NOT APPLICABLE TO

 

ANDALUCÍA

Collective use pools

  • Single family pools.

  • Communities of neighbours up to 20 houses.

  • Thermal pools.

  • Sport pools.

ARAGÓN

Collective use pools

 

  • Single family pools.

  • Thermal pools

ASTURIAS

 

Collective use pools

  • Single family pools.

  • Thermal pools.

BALEARES

Pools of touristic establishments.
Collective use pools.

  • Single family pools..

  • Communities of neighbours.

  • Thermal pools.

CANARIAS

Every kind of pools

  • Single family pools.

  • Termal pools.

CANTABRIA

Collective use pools.

  • Single family pools.

  • Communities of neighbours up to 20 houses.

  • Thermal pools.

 

CASTILLA LA MANCHA

Every kind of pools

  • Single family pools.

  • Sport and competition pools.

  • Thermal pools.

CASTILLA LEÓN

 

Every kind of pools

  • Single family pools

  • Communities of neighbours

CATALUNYA

Collective use pools

 

  • Single family pools.

  • Community of neighbours.

  • Thermal pools.

GALICIA

Collective use pools

  • Single family pools.

  • Communities of neighbours up to 20 houses.

  • Thermal pools, hydrotherapy.

LA RIOJA

Collective use pools.

  • Pools for family,private or plurifamily use.

MADRID

Every kind of pools

  • Single family pools .

  • For community of neighbours of les than 30 houses there are some exclusions to the regulations.

  • Thermal pools

MURCIA

Collective use pools.

  • Single family pools.

  • Communities of neighbours.

  • Thermal pools.

NAVARRA

Public use pools

  • Single family pools.

  • Communities of neighbours of less than 20 houses.

  • Thermal pools.

COMUNIDAD VALENCIANA

 

Collective use pools.
Water parks

 

  • Single family pools.

  • Community of owners for less than 100 people.

PAÍS VASCO

Collective use pools.

  • Single family pools.

  • Community of owners up to 20 houses.

  • Thermal pools.

I will explain more in detail the contents of the regulations in Andalucia and will mention the legislation texts which contain the rest of the regulations for the rest of Spain:

- Andalucía:

*Decree 23/1999 de 23 febrero 1999 Decreto 23/1999, de 23 de febrero, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. de 23 de febrero, on sanitary regulations for collective use pools.

*Resolution dated on the 17 June 2003, of the General Management of Public Health and Participation, for the updating of the parameters of the Annexe I of Decree 23/1999 de 23 febrero 1999 Decreto 23/1999, de 23 de febrero, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. de 23 de febrero, on sanitary regulations for collective use of pools. (BOJA nº 127 de 4-7-03)
 

CHARACTERISTICS OF THE VESSEL/CONTAINER

 

Depths
 For children pools: 0,20 to 0,40 m

For leisure pools: a minimum depth of 1,20 to 1,40 m
Bottom
Minimum slope of 2% and maximum of 10% for depths lower to 1,40 m .

Never higher to 35%.

The slope changes will be duly signalled for the user, as the minimum and maximums depths.
Overflowers
Compulsory for pools with a water surface higher to 300 m2 .
Skimmers
For pools smaller than 300 m2 of water surface, one every 25 m .
Beach
 1 m of Minimum width .
Access
Access items need to be of depth inferior to 0, 10 m and length not inferior to 2 m , with enough width for not being avoided.
Forbidden for indoor pools.
Steps
Minimum1 set of steps every 20 m or fraction of the pool’s perimeter.

 

CHANGING ROOMS AND OTHER PREMISES

 

Duchas
The number of showers for the changing rooms is calculated depending on the size of the water surface.
 For indoor pools of up to 200m2 of water surface, 1 shower every 20 m2 . For pools bigger than 200 m2 of water surface this formula will be applied: 6 + (0,02xS) being S the water surface in m2.
For outdoor pools up to 420 m2 , 1 shower for every 30 m2 . For pools bigger than 420 m2 , this formula will be applied: 8+ (0,015xS) being S the water surface in m2.
First Aid posts
Every pool must have a First Aid Post with easy access. When the capacity is higher to 450 users, a sickbay is needed.
Technical premises/ machinery
 They will be placed at independent places, out of the public access and in the way determined by the applicable regulation to every case.

 

PHYSICAL/CHEMICAL TREATMENT OF THE WATER.

 

Recirculation timing
Paddle pools: 1 hour.
Vessel´s depth lower than 1, 40 m: 2 hours.
Vessel’s depth lower than 1, 40 m: 4 hours.
Cloudiness
 
pH
6,8 – 8
Free chlorine
0,4 – 1,5 ppm
Total chlorine
 
Lime
 
Brome
 
Silver
 
Iron
0,3 mg/l
Isocyanides acid
75 mg/l
Aluminium
<= 0,3 mg/l
Oxidazibility
< 4 mg 0/l
Ammonia
<= 0,5 mg/l
Nitrate
< 10 mg/l
Copper
0,3 mg/l

 

CONDITIONS FOR HEATED INDOOR POOLS

 

Water temperature
 
Air volume
 
Premise temperatura
   
2 ó 4ºC  higher than the water temperature
Humidity
Not higher to 80%

 


LIFEGUARDS for ANDALUCIA POOLS

 

Every collective use pool with a water surface greater than 200m2 must have lifeguard services. The lifeguards must have the official certificate for life guarding. The number of lifeguards will be required as follows:

A) One lifeguard for pools from 200 to 500 m2 of water surface.

b) Two lifeguards for pools from 500 to 1000 m2 of water surface.

c) For pools bigger than 1000 m2 of water surface, one lifeguard will be added for every vessel or 500 m2 of water surface

Regardless what is stated above, if the separation between pools does not allow an efficient watchfulness, a lifeguard will be required for each pool as a minimum.

- Aragón:

Decree 50/1993 dated the 19th of May 1993 Decreto 50/1993, de 19 de mayo, de la Diputación General de Aragón, por el que se regulan las condiciones higiénico-sanitarias de las piscinas de uso público., on hygienic-sanitary conditions for public use pools.

- Asturias:

Decree 26/2003 dated the 3rd of April 2003 Decreto 26/2003, de 3 de abril, por el que se aprueba el Reglamento Técnico Sanitario de Piscinas de Uso Colectivo en el Principado de Asturias. , on Technical Sanitary rules for Collective Use pools in Asturias.

- Canaries:

Decree dated the 2nd in March 1989 Orden de 2 de marzo de 1989, por la que se regula el régimen técnico-sanitario de piscinas de Canarias. , on technical-sanitary regime of pools.

- Cantabria:

Decree 58/1993 dated the 9th in August 1993 Decreto 58/1993, de 9 de agosto, por el que se aprueba el Reglamento Sanitario de las Piscinas de Uso Colectivo. , on sanitary rules for collective use pools.

- Castilla- Leon:

Decree 177/1992 dated the 22nd in October 1992 DECRETO 177/1992 de 22 de octubre, en materia de condiciones higiénico-sanitarias de piscinas de uso público (Castilla y León). , on hygienic-sanitary conditions for public use pools.

Castilla- la Mancha:

Decree 216/1999 dated the 19th in October 1999 Decreto 216/1999, de 19 de octubre, en materia de condiciones higiénico-sanitarias de piscinas de uso público. , on hygienic-sanitary conditions for public use pools.

- Cataluña:

Decree 95/2000 dated the 22nd in February 2000 Decreto 95/2000, de 22 de febrero, por el que se establecen las normas sanitarias aplicables a las piscinas de uso público. , on sanitary rules for public use pools.

- Comunidad Valenciana:

Decree 255/1994 dated the 7th in December 1994 Decreto 255/1994, de 7 de diciembre, por el que se regulan las normas higiénico-sanitarias y de seguridad de las piscinas de uso colectivo y de los parques acuáticos. , on hygienic-sanitary and safety rules for public use pools and water parks.

- Extremadura:

Decree 54/2002 dated the 30th in April 2002 DECRETO 54/2002, de 30 de abril, por el que se aprueba el Reglamento Sanitario de Piscinas de uso colectivo de la Comunidad Autónoma de Extremadura., on Sanitary conditions for collective use pools in Comunidad Autónoma de Extremadura.

- Galicia:

Decree 103/2005 dated the 6th in May 2005 Decreto 103/2005, de 6 de mayo, por el que se establece la reglamentación técnico-sanitaria de piscinas de uso colectivo. , on technical-sanitary conditions for collective use pools.

- Islas Baleares:

Decree 53/1995 dated the 18th in Mayo 1995 Decreto 53/1995, de 18 de mayo de 1995, por el que se aprueban las condiciones higiénico-sanitarias de las piscinas para los establecimientos de alojamientos turísticos y las de uso colectivo, en general. , on hygienic-sanitary conditions for pools in touristic establishments and collective use pools.

- La Rioja:

Decree 2/2005 dated the 28th in January Decreto 2/2005, de 28 de enero, por el que se aprueba el Reglamento Técnico Sanitario de Piscinas e Instalaciones Acuáticas de la Comunidad Autónoma de La Rioja., on technical-sanitary conditions for pools and water installations.

- Madrid:

Decree 80/1998 dated the 14th in May 1998 Decreto 80/1998, de 14 de mayo, por el que se regulan las condiciones higiénico-sanitarias de piscinas de uso colectivo. , on hygienic-sanitary conditions for collective use pools.

Murcia:

Decree 58/1992 dated the 28th in May Decreto 58/1992, de 28 de mayo, por el que se aprueba el Reglamento de condiciones higiénico-sanitarias de las piscinas de uso colectivo. (Murcia)on hygienic-sanitary conditions for collective use pools

- Navarra:

Decree 123/2003 dated the 19th in Mayo 2003 Decreto Foral 123/2003, de 19 de mayo, por el que se establecen las condiciones técnico-sanitarias de las piscinas de uso colectivo., on technical-sanitary conditions for collective use pools. Norma modificada por Decreto Foral 20/2006, de 2 de mayo, por el que se modifica el Decreto Foral 123/2003, de 19 de mayo, por el que se establecen las condiciones técnico-sanitarias de las piscinas de uso colectivo.

- País Vasco:

Decree 32/2003 dated the 18th in February 2003 Decreto 32/2003, de 18 de febrero, por el que se aprueba el reglamento sanitario de piscinas de uso colectivo., on Sanitary conditions for collective use pools.

Some Local Councils, very few though, also have local regulations for pools.

 

 

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria atmldecastro@costaluzlawyers.es 

"The Beach of Zahara de los Atunes (Cadiz) with the village of Zahara beside the beach and to the left side of the mountain that is on the right side of the picture"; by Luis Lopez-Cortijo.



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Legal tip 270.Campaign to pressure on Banks and Savings Banks
09 May 2010

What about a campaign for putting pressure on  Financial Institutions to pay off in those cases where they failed to secure on the existence of Bank Guarantees/Insurance policies for off-plan buyers?

 

When a Bank Guarantee was not produced for the buyer, the only resort is to go against the developer: this results in a very long judicial procedure for the Court decission to be in place and then a new battle , in order to enforce it and obtain the funds back. Many developers are now very short of funds in Spain.

 

If Banks/Saving Banks where your money was deposited can show they made all possible for the existence of the Bank Guaranteess, then, just conveyancers and developers will be liable for the damages related to the lack of it.  

 

But if they cannot prove the due diligence they displayed it, they, Banks and Saving Banks are liable.

 

Someone needs to respond for this disaster and the first ones to ask about are Financial Institutions:  Banks were officially and legally entrusted by Law 57/68 to custody off plan purchasers´funds.

A big battle and a reunion of efforts is needed here, we are concerned they were long-life savings for many of you.

Who is joining o us regarding this? Before starting the judicial battle, we are sending communications to all those Banks and Saving Banks which received money from our clients and will follow up with communications to Ombudsmen and Bank of Spain. We want Bank of Spain to issue an express  statement  on liabilities of Banks on this particular point: please email us if you are in that situation so we can join your name to the efforts.

Our email address is web@costaluzlawyers.es and please write Bank´s liabilities as the subject of the email.

Best regards,

Maria

"the Beach of Zahara de los Atunes (Cádiz)", by Luis Lopez-Cortijo

 



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9th of May. Europe Day. Costaluz offers a 1 year free service to entrepreneurs
08 May 2010

As our particular way to celebrate Europe´s day tomorrow:

European enterpreneurs please write to us: we could help each other and show to politicians and european economists what the European Union really need to be: the free area where people meet and project together.  Persons, citizenship needs to experience  that Europe exists.

As a way to show this to the Institutions and ( cannot deny it) with sincere worry about the situation of Spain, in terms of the apathy which is capturing enterpreneurs and the increasing  fear of families due to the lack of dynamism of the work-field.... 

We want to launch today on a May saturday, a pilot-experience:

- We offer a one year free service for company stablishment ( full package: company set-up, auditing, accounts, taxes filing, website design, marketing tools and clients care programm and software). All this following the same route we have taken for our own company, and which is resulting at present moment to be right to create a solid one. You just need to tell us about your project, to be developed in South Spain and consisting on services for retired Uk people or Northern europeans.

We will set the specific rules of the contest by June the 13rd. In the meantime, please start sending to us your suggestions and ideas. We will aslo be posting about ours.

Let´s work together!

"Playa de Atlanterra, Zahara de los Atunes (Cadiz); by Luis López-Cortijo

 

 



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Costaluzlawyers sponsored garden designer, Maria Luisa Medina, winning in Malvern
07 May 2010

Our sponsored garden designer Maria Luisa Medina has won the Spring Malvern Gradening show award which gives to her a Chris Beardshaw scholarship.

Costaluzlawyers was sharing sponsorship with Bradstone of Aggregate Industries

Congratulations Maria Luisa.... great job!

Maria Luisa Medina ( who is our Patricia Medina´s sister) receiving the award yesterday in Malvern.

Some pictures of her garden: Amazing!

Maria Luisa Medina and Chris Beardshaw in Malvern Gardening show after receiving her award.

Maria Luisa Medina´s winner garden 

Maria Luisa Medina in her garden

 



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Legal tip 269. Claims against valuations by the Taxman
05 May 2010

 

 

 

 

When purchasing a property, although the buyer declares the full purchase price, the Treasury may require the same to be taxed according to its own fiscal value.... which, given the big discounts on properties now in Spain, might be higher.

According to the National Organization of Consumers (OCU), this is "easy" to happen if, for example, the seller has agreed to at "significant" price reduction to accelerate the sale, or if the house has been purchased at auction. In these cases, although the buyer declares the full price in the Notary deed, which is the document that you offer to the Treasury for the payment of your Transmission Tax, the Treasury may initiate a verification process and requires a higher taxation according to its own valuation.

In these cases, there is no other solution than to present allegations and claim according to the appropriate procedure.
 
So a good recommendation offered by the OCU when buying, or receiving a donation or inheritance is to apply in advance for the tax assessment of the real estate by the regional Tax Authority.  OCU also warns and suggest paying special attention if you are applying for a mortgage, and the valuation of the house by the bank´s surveyor is higher than what is expressed on the deeds, as the Treasury might take that for the tax correction.

Another good tip by the OCU is that of recommending to expressly mention on the Notary deeds the reasons why the house does not have a high value.
This statement will be crucial if the Treasury finally proceeds to a correction of your taxation and you find yourself having no other option but to claim against it
 
Of course, email us if you need a lawyer for the claim.... and for the purchase. We will be very pleased to assist you.
 
María L. de Castro
www.costaluzlawyers.es
"Development Costa Zahara I; Atlanterra (Cadiz)", by Luis Lopez-Cortijo
 

 

 



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Legal tip 268. Licenses for renting houses in Valencia region
03 May 2010

 Provision 8 of the new Decree stablishes that there is an obligation of communicating the touristic character of the house and to apply for the registration and classification if you are marketing more than one touristic house. If you are marketing just one unit, the house will need to meet the requirements for the standard (lower) category according to this Decree.

ANEX. TECHNICAL REQUIREMENTS FOR THE CLASSIFICATION OF TOURIST HOUSES.

1. Acceses, comunications and parkings

·
Superior

First

Standard

· Clients´ entrance
Yes
Yes
Yes
· Lifts
Yes
Yes
Yes
- From ( Number of floors)
Ground+2
Ground+3
Ground+4
· Clients´stairs
Yes
Yes
Yes
· Párking for clients
Yes
Yes
-

 2. Facilities and services

·
Superior
First
Standard
· Thermical and acustic insulation in every area (*)
Yes
Yes
Yes
· Audio-ambient level by facilities (**)
 
 
 
· Power points in every room including voltage (***)
Yes
Yes
Yes
· Medium lighting level
 
 
 
According to recommendations by the Valencian Enenrgy Agency
 
 
 
· Cooling system (****)
 
 
 
Bedrooms
Yes
-
-
Commun rooms
Yes
Yes
-
· Central Heating (****)
 
 
 
Bedrooms
Yes
Yes
-
Commun rooms
Yes
Yes
-
· Telephone or Internet connection
Yes
-
-
· Hot water
Yes
Yes
Yes
· Commun gardens
Yes
-
-
· Pool ( replaceable by forward edge of beach)
Yes
Yes
-
· Individual safety boxes
Yes
Yes
-
· Evacuation plan posted on house entrance
Yes
Yes
Yes
· List of important telephone numbers in visible place
Yes
Yes
Yes

 

Cleaning, laundry, lingerie change, reparations, maintenance and trash removals will be accordiong to agreements between parties.
(*) According to applicable legislation.
(**) According to Law 7/2002, of Valencian region on acustic contamination.
(***) Voltage indicator and power points can be replaced by a general indication on voltage on the whole dwelling, placed in a visible area.
(****) Always with the possibility of obtaining a certain temperature according to the applicable legislation on energy saving. Control in “ superior” category can be made for each enclosure and , for the rest of the categories, can be commun for the whole house.
 
3. House sizes
 
·
Superior
First
Standard
· Double bedroom in Squared meters ( m2), closet including
12
10
8
· Main bedroom in m²(*), closet including
14
12
10
· Single bedroom in m2, closet including
9
8
6
- For each bunk bed, addittional m2
-
4,50
3,50
· Living-Dining room/Kitchen in m²
26
22
18
· Living-dining room in m²
20
17
14
· Bathrooms or toilets (**)
Yes
Yes
Yes
- Surface in m²
6
5
4,5
- Number according to occupancy:
+ 4 people
1 bathroom
1 bathroom
or toilet.
+6 people
2 bathrooms or toilets
-
1 bathrom or toilet
· Kitchen in m²
8
7
5
· Laundry room
Yes
-
-
· Studio apartment (***) in m² (****)
34
29
24

 

(*) One per house as minimum.
(**) Bathrooms will have bathtub with shower, washbasin and toilet.
In superior category, if there is just pone hygiene room, it will be a bathroom ( with bathtub and shower) if two existing: one will be a bathroom and the other one a bathroom or a toilet..
(***) House units composed by a jopinmt living room and bedroom, kitchen and bathroom.
(****) Bathroom not included .
 
4. House´s equipment
 
· Houses will have, in general, all the furnitures, cutlery, household items, lingerie and items needed for the necessities of the occupants according to its capacity.
· All bedrooms will have a closet, regardless the category of the apartment.
· Houses of superior and first category will have a Colour TV.
· Kitchen will have:

 

 

·
Superior
First
Standard
- Cooker (*)
Yes
Yes
Yes
- Fridge
Yes
Yes
Yes
- Electric iron
Yes
Yes
Yes
- Oven/Microwave
Yes
Yes
Yes
- Range hood.
Yes
Yes
Yes
- Automatic washing machine
Yes
Yes
-
- Dishwasher
Yes
-
-

 

(*) Cooker will have at least two burners when the occupancy is not higher to 4 people, and 3 or more burners if the occupancy does not exceed 4 people.
"Playa de Atlanterra, Cadiz", by Luis Lopez-Cortijo

 



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