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Legal tip 1523. All Off-Plan Cases Won Against Banks by CostaLuz Lawyers in 2025
Friday, November 28, 2025

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

P.O CITY COURT TYPE BANK / INSURER PROMOTOR DEVELOPMENT
354/2020 MALAGA P2 LEY 57/1968 BANCO SANTANDER INVERSIONES MANYMAR SL MANILVA PARK
1821/2019 MALAGA P2 CLAUSULA SUELO BANCO SABADELL N/A N/A
386/2019 MALAGA P2 LEY 57/1968 BANCO SANTANDER AIFOS ANGEL DE MIRAFLORES
159/2020 YECLA P1 LEY 57/1968 CAIXABANK MAXINA RESIDENCIAL ENTREVINAS
417/2017 MALAGA P2 LEY 57/1968 BANCO SANTANDER INVERSIONES MANYMAR SL MANILVA PARK
1151/2020 FUENGIROLA P1 LEY 57/1968 CAIXABANK LARIOS 2000 JARDIN TROPICAL
549/2019 MURCIA P2 LEY 57/1968 BBVA KEY VIL IV MOSA TRAJECTUM
1933/2022 CADIZ P1 CLAUSULA SUELO BANCO SANTANDER N/A N/A
343/2018 MADRID TS LEY 57/1968 BBVA PROMOCIONES EUROHOUSE FORTUNA GOLF
665/2017 MADRID TS LEY 57/1968 UNICAJA GESTION DEPORTE 98 SL BALCONES DE MIJAS
671/2016 MADRID TS LEY 57/1968 BANCO SANTANDER AIFOS CALA DEL SOL


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Legal tip 1522.Spain Ranked #1 for Digital Nomads — Here Are the Visa Requirements and Pitfalls to Avoid
Saturday, November 22, 2025

As highlighted today in this EOS post, Spain has been ranked the No. 1 country in the world for digital nomads in the Global Digital Nomad Report 2025 by Global Citizen Solutions, scoring 99.67 out of 100 and topping a ranking of 64 countries.

This confirms what many remote workers are already experiencing: Spain combines a strong legal framework for international teleworkers, attractive tax options, good infrastructure and a very high quality of life. But to turn this potential into a real move, it is essential to understand how Spain’s Digital Nomad Visa actually works in practice.

Below is a clear overview of the main requirements and the most frequent problems applicants should avoid.


1. What Spain’s Digital Nomad Visa Is

The Spanish Digital Nomad Visa (officially, the visa and residence authorisation for international remote work under Law 14/2013 and the Startup Law) allows non-EU citizens to live in Spain while working remotely for foreign companies or clients.

Key ideas:

  • You live in Spain.

  • You work remotely.

  • Your main economic activity remains outside Spain.

It is designed for:

  • Employees of non-Spanish companies working fully remotely.

  • Owners of foreign companies who manage them from Spain.

  • Freelancers with clients mainly outside Spain.

In many cases it can be granted for up to three years (if applied for from within Spain) and is compatible with access to Spain’s special “Beckham” tax regime.


2. Core Eligibility Requirements (2025)

2.1. Type of work

You must be able to prove that:

  • You work remotely using digital means.

  • At least 80% of your income comes from non-Spanish sources; up to 20% may come from Spanish clients.

For employees:

  • An employment contract with a foreign company that has operated for at least one year.

  • A clear company letter confirming that your work is fully remote and authorising you to work from Spain.

For freelancers/self-employed:

  • Stable contracts or service agreements with foreign clients.

  • Documentation showing that your client base is mainly outside Spain.


2.2. Minimum income (financial means)

For 2025, the financial threshold is tied to 200% of Spain’s minimum wage (SMI). This translates approximately to:

  • Main applicant: around 2,760–2,763 euros per month (about 33,100–33,150 euros per year).

  • Spouse/partner: about 75% extra SMI (approximately 1,035 euros per month).

  • Each additional dependent (usually children): about 25% extra SMI (approximately 345–350 euros per month).

Different sources round the figures slightly, but all agree on the structure:

  • 200% SMI for the main applicant.

  • 75% SMI for the first dependent.

  • 25% SMI per additional dependent.

It is essential to show that this income is:

  • Stable and recurring (not just a one-off).

  • Traceable through payslips, invoices, contracts and bank statements.


2.3. Professional profile

You must meet at least one of these conditions:

  • University degree (or equivalent higher education).

  • Professional training from recognised business schools or similar.

  • At least three years of professional experience in your field, properly documented.


2.4. Clean criminal record

Authorities require:

  • Criminal record certificates from every country where you have lived in the last two years.

  • Documents must be recent (typically issued within the last 90 days) and duly legalised/apostilled and translated when necessary.


2.5. Health insurance

You must have:

  • Private health insurance with full coverage in Spain.

  • No co-payments or deductibles (many travel policies or basic expat plans do not meet this standard).


2.6. Relationship with the company or clients

For employees:

  • Usually at least three months’ prior employment with the company before applying.

For freelancers:

  • Contracts that demonstrate an ongoing relationship and continuity of work (not just a single, short project).

In all cases, the foreign company should demonstrate at least one year of real, continuous activity.


3. Typical Problems and How to Avoid Them

Many refusals and delays do not come from “big” issues, but from technical mistakes. Here are some of the most common.

3.1. Income just on the edge (or not clearly documented)

Risk:

  • Presenting income that is very close to the minimum required, with fluctuating figures, can lead the administration to doubt your financial stability.

How to avoid:

  • Show a comfortable margin above the minimum where possible.

  • Include several months of bank statements, invoices and payslips that clearly support your income.

  • Ensure currency conversions are consistent and well explained.


3.2. Contracts that look temporary or fragile

Risk:

  • Short-term, vague or trial contracts can make the relationship look unstable.

How to avoid:

  • Provide contracts or letters that specify indefinite or long-term collaboration.

  • For freelancers, include renewal clauses or proof of long-term client relationships.


3.3. Wrong type of insurance

Risk:

  • Submitting travel insurance or policies with co-pays, exclusions or insufficient coverage for Spain is a frequent ground for refusal.

How to avoid:

  • Choose a policy that explicitly states full coverage in Spain and no co-payments, and provide the full policy wording or certificate.


3.4. Missing apostilles, legalisations or translations

Risk:

  • Criminal records, certificates or contracts not properly legalised or translated can cause the file to be suspended or refused.

How to avoid:

  • Check in advance which documents need apostille/legalisation.

  • Use sworn translators where required.

  • Pay attention to the 90-day validity window for criminal records.


3.5. Too much Spanish income or unclear client mix

Risk:

  • If more than 20% of your revenue appears to come from Spanish sources, the administration may consider that your main economic activity is in Spain, which conflicts with the spirit of the visa.

How to avoid:

  • Keep clear records distinguishing foreign and Spanish clients.

  • If you have Spanish clients, make sure the percentages are clearly below 20% and explain this in your documentation.


3.6. Poor alignment between what you say and what your documents show

Risk:

  • Inconsistencies between application forms, contracts, LinkedIn profiles, invoices and tax returns can raise doubts.

How to avoid:

  • Review all documents as a whole.

  • Ensure your role, employer name, dates and income figures are consistent everywhere.


4. Why This Matters Now

Spain’s position as the leading global destination for digital nomads is not just about lifestyle; it is also about legal clarity, tax opportunities and long-term integration possibilities.

For EOS readers, this combination of:

  • Strong legal framework,

  • Competitive financial and tax conditions,

  • High quality of life,

makes Spain an especially interesting option – provided that the application is carefully prepared and the typical pitfalls are avoided.

If you have any questions, we are here to answer them. We have been applying for this type of visa since 2022 on behalf of digital nomads from all over the world.

 



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Legal tip 1521.5 Problems You Avoid When You Make a Spanish Will
Friday, November 21, 2025

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

 



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Legal tip 1520.Can I Use the Spanish Public Health System on a Non-Lucrative Visa?
Friday, November 14, 2025

One of the biggest worries for British and other non-EU retirees in Spain is:

“If I live in Spain on a Non-Lucrative Visa (NLV), can I use the public health system?”

After a few years, people start hearing totally different versions of the “rules”:

  • “You’re never eligible, you haven’t paid into the system.”

  • “After 5 years’ residency you can join.”

  • “You need 10 years.”

  • “You can join now if you pay a monthly fee.”

No wonder everyone is confused.

In this article I’ll explain, in plain English, how public healthcare access really works for NLV holders, especially long-term residents in Andalucía (Málaga, Costa del Sol, etc.).


1. NLV ≠ automatic access to public healthcare

The Non-Lucrative Visa is for people who live in Spain with sufficient resources but do not work in Spain and don’t pay into Spanish Social Security.

That means:

  • Holding an NLV does not give you automatic entitlement to free public healthcare.

  • This does not change automatically after 5 or 10 years.

So where does the confusion come from?

  • The 5-year mark is relevant for long-term residence, not healthcare rights.

  • There is no 10-year rule for healthcare access.

  • But there is a way into the public system for people who haven’t paid in: the Convenio Especial.

If you want to refresh the basics of the visa itself, you can see our full guide to the Non-Lucrative Visa in Spain (requirements, renewals, etc.).


2. What is the Convenio Especial?

The Convenio Especial de prestación de asistencia sanitaria is a scheme that allows legal residents who haven’t contributed to Social Security to join the public health system by paying a monthly fee.

To qualify, you generally must:

  • Be a legal resident in Spain (with a valid TIE).

  • Be registered on your local padrón (town hall register).

  • Not already have entitlement to Spanish public healthcare (for example, through employment, an S1 form, etc.).

Once accepted, you access the SNS (national health system) like any other resident in your region.


3. Costs in Andalucía (Málaga, Costa del Sol, etc.)

In Andalucía, the typical monthly fees for the Convenio Especial are approximately:

  • Under 65: around 60 € / month

  • 65 and over: around 157 € / month

(These figures can change over time, so always check the latest amounts when you apply.)

Once you’re in the system, you use healthcare in your area as any other insured resident would.


4. What is covered?

The Convenio Especial is not a “cut-down” version of public healthcare. It typically includes:

  • GP (family doctor) and specialist care

  • Emergency care

  • Hospitalisation

  • Chronic illness and ongoing treatment

  • Medication with the usual co-pay system

  • No exclusions for pre-existing conditions

For many long-term NLV residents, this is the first time they feel truly integrated into the Spanish healthcare system.


5. Common myths (and what really happens)

Let’s clear up the most frequent myths we hear from NLV retirees:

“After five years we get healthcare automatically.”

False.
Five years’ residence is important for long-term residence status, but it does not automatically give you public healthcare if you haven’t contributed.


“We must wait ten years.”

False.
There is no 10-year rule for joining the public system via the Convenio Especial.


“We will never be eligible because we haven’t paid in.”

Not correct.
The whole point of the Convenio Especial is to include legal residents who have not paid into Social Security.


“We can join now for under 200 € a month.”

Largely true.
Most residents will fall into one of the two age bands mentioned above, so many can access Spanish public healthcare for less than 200 € per month, depending on age.


6. How the Convenio Especial fits into your NLV journey

When you first apply for the NLV, private medical insurance is mandatory. Many people are happy with this at the beginning.

Over time, however:

  • Private policies often become more expensive with age.

  • Some people worry about future exclusions or premium increases.

  • Many want the stability of being inside the public health system.

A common strategy for NLV holders is:

  1. Start with private insurance to obtain and renew the Non-Lucrative Visa.

  2. As your residence becomes more stable, apply for the Convenio Especial to secure long-term public healthcare.

  3. Combine private and public for a while if needed (e.g. keep private cover during the application process or for extra comfort).

  4. Review the tax implications once you spend 183 days or more per year in Spain and become tax resident.

The key idea: your NLV journey doesn’t end with getting the visa. Over time, you can move towards long-term residence and stable public healthcare access.


7. How CostaLuz Lawyers can help NLV residents

At CostaLuz Lawyers we work daily with British and other non-EU retirees on the Costa del Sol and across Spain. For NLV holders, we typically help with:

✅ Residence & healthcare

  • Reviewing your residency status and renewals.

  • Checking your eligibility for the Convenio Especial.

  • Preparing and submitting the application and documentation.

  • Liaising with the regional health authority in Andalucía.

  • Explaining how healthcare, residency category and tax residency fit together.

✅ Beyond healthcare: key areas for retirees

Most NLV residents ask for help with more than just healthcare. We also assist with:

  • Initial NLV application and renewals
    We review requirements, prepare and check your documents, complete forms, design a strategy for your consulate and accompany you until approval and through renewals.

  • Transition to long-term residence
    We analyse your years of residence and absences, prepare the file and plan a route that takes into account healthcare, tax residency and long-term stability.

  • Tax advice for NLV residents
    We look at when you become a Spanish tax resident (183 days, centre of vital interests, main home), coordinate with advisers in your home country and try to reduce or avoid double taxation where possible.

  • Safe property purchase in Spain
    Full legal support when buying property (coastal, rural, off-plan or resale): planning and land registry checks, reservation and deposit contracts, notary completion and registration.

  • Wills and international estate planning
    We help you sign a Spanish will that works together with your will back home, and choose the applicable law to your estate. We also support your family later when they need to execute the will before Spanish notaries, banks and authorities.

  • Preventive powers of attorney (poderes preventivos)
    These allow a trusted person to act for you in Spain if, one day, you cannot manage your affairs (healthcare, banking, property, administration). We help you set them up, update them and, later, help family members activate and use them.

  • Changing your type of residence when life changes
    If your life project shifts and you want to move from an NLV to work, self-employment, a Digital Nomad Visa, or a family route, we study the alternatives and design the safest transition.

If you’re already living in Spain on a Non-Lucrative Visa and would like to review your residence, healthcare, tax, property and long-term planning, we can study your case and propose a clear, realistic plan tailored to your age, resources and long-term goals in Spain.


About the author

Written by:
María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz.

CostaLuz Lawyers has supported international buyers and residents in Spain since 2006, including many members of the EyeOnSpain community, with clear guidance on visas, tax, property purchases and long-term planning.

Updated: 14 November 2025.




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Legal tip 1519. Spain’s Supreme Court doubles down on off-plan buyer protection
Thursday, November 6, 2025

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.



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Legal tip 1518.Can You Short-Let Here? Spain 2025 Guide
Tuesday, November 4, 2025

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.



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