Larraín Nesbitt Lawyers is a Marbella-based independent law firm specialized in property conveyancing, taxation, litigation, probate and succession. Expert native English-speaking lawyers and economists blend legal and practical advice providing tailored assistance on your matter. Our range of services cover the greater Marbella area, Sotogrande and Costa del Sol.


The firm focuses advising foreign investors on acquiring residential property in Spain both from a legal and fiscal point of view. Our no-nonsense approach to business coupled with our commitment to clients ensures easy-going transactions. We pride ourselves in putting our clients’ interests at the forefront of everything we do.


Larraín Nesbitt Lawyers, your legal partner in Spain.

Last Article:

Home-Buyer’s Checklist - OFFPLAN

Raymundo Larraín Nesbitt, March, 1. 2020

Lawyer Raymundo Larraín gives us an overview on the points we should cover on buying off-plan in Spain. This is the first of a three-part series on buying & selling property in Spain.

Marbella-based Larraín Nesbitt Lawyers has over 17 years' taxation & conveyancing experience at your service. We offer a wide range of 40 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2020. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Lawyer - Abogado
1st of March 2020

You have fallen in love with a property in Spain and now it’s time to take the dip and sign the contract!

This short article is written with the aim to provide a buyer with a basic guideline on what you should be asking a developer for.

Whilst it is possible to buy a property in some overseas jurisdictions, including Spain, without having to appoint a lawyer, it would be very unwise to do so. Buying a house is one of the biggest investments most people make in their lifetime. So why take the risk by not obtaining proper legal advice?

Banks and notaries are not your own personal lawyers and will not carry out stringent legal checks to protect buyer’s legal interests; that is not their job. This is a common blunder buyers’ make, particularly non-resident ones.

Instruct your own independent lawyer and never under-declare; besides being illegal, you will pay a massive Capital Gains Tax bill on selling. It is illegal, it is stupid and only benefits the seller, not the buyer.

Remember to store safely the following invoices on buying which can be used to GREATLY mitigate your tax bill on selling:

  • Lawyer’s fees (on buying).
  • Notary fees (on buying).
  • Land Registry fees (on buying).
  • Taxes (on buying) yes, these can be offset in full on selling
  • All property-related improvements (not maintenance costs). Providing you have VAT invoices to back them up. You are welcome.

 

Buying Off-Plan Checklist

 

  • Verify the plot of land is registered under the developer’s name whose contract you are signing.
  • Request a copy of the developer’s Building licence.
  • Request bank guarantees or insurance policy securing ALL your stage payments, including the initial holding deposit paid to the developer/estate agent. These will act as a safety net safeguarding your interim payments should the developer complete the property late, or not at all.
  • Ensure the development is compliant with Coastal Laws.
  • If the development is finished, request a copy of the Licence of First Occupation.
  • If the development is finished, ensure you do a snagging list before completion.
  • Post-completion: ensure your property is now registered under your name at the Land Registry and never take anyone’s word for it! Verify it yourself.
  • Post-completion: arrange payment of local rates (IBI & basura) as a direct debit against your Spanish bank account. With offplan, IBI is normally available on the following year. You will be notified in your Spanish address.
  • Post-completion: if you are non-resident, ensure you pay every year your Non-Resident Imputed Income Tax (NRIIT) on your Spanish property.

 

“Ring-a-ring o’ roses,
A pocket full of posies,
A-tishoo! A-tishoo!
We all fall down.” – Popular British nursery rhyme that sinks its roots deep in the Middle Ages.

 

At Larrain Nesbitt Abogados we can assist you buying & selling property in Spain and deal with its taxation. Ask us.

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in taxation, inheritance, conveyancing, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form to book an appointment.

Off-plan related articles

 

Original article commissioned and published by IDEALISTA: Home-Buyer’s Checklist

Article also published at Spanish Property Insight: Home-Buyer’s Checklist - OFFPLAN

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.020 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Last Blog Entry:

Covid-19: 11 Tips to Avoid Contagion

Raymundo Larraín Nesbitt, March, 31. 2020

By Raymundo Larraín Nesbitt
31st of March 2020

11 Tips to Avoid Contagion

 

  1. Stay home.
  2. Wash your hands with soap (for 20 seconds at least).
  3. Don’t shake hands.
  4. Don’t touch your face, nose and eyes.
  5. When coughing or sneezing cover your mouth (use a handkerchief). Avoid using your bare hands. If you don't have a handkerchief, cough or sneaze into your elbow.
  6. Avoid using lifts (where possible). The virus remains airborne for up to 3 hours. If you are forced to use a lift, do not touch anything. The virus can survive in plastic and stainless steel surfaces for up to 3 days.
  7. When shopping, use gloves and bring your own reusable bags.
  8. Remove your external clothing when you get home and leave it outside in a terrace, if you can.
  9. Quarantine all delivered parcels leaving them untouched for 3 days. The virus can survive in cardboard surfaces for up to 24 hours.
  10. Keep your social distancing, avoid gatherings.
  11. Car engine. Not strictly related to contagion, every 3 or 4 days run your car engine for at least 5 minutes to avoid battery loss. The last thing you want is to lose your car in a lockdown.

 

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional medical advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.020 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Last Press Entry:

Post-Brexit Taxation in Spain

Spanish Property Insight, March, 21. 2020

Spanish Property Insight is a property information website run by Mark Stücklin (inset photo), author of the Spanish Property Doctor Column in the The Sunday Times (2005-2008), and the book ‘Need to Know: Buying Property in Spain’ published by Collins. SPI is regularly quoted by journalists and the international media as the most authoritative source of independent insider information in English language on the Spanish property market. Its weekly influential newsletter reaches over 50,000 readers, many of which are key players in the industry.

SPI kindly published one of our taxation articles regarding the impact of Brexit on UK tax residents.

Link to SPI's article: Post-Brexit Taxation in Spain

This article is also published in our website: Post-Brexit Taxation in Spain

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