Skip to main content

Brexit, ten years on: what now?

Written by Margaret on . Posted in Family Law, Immigration Law, Inheritance and Sucession, International Law, Property Law.

On 23 June 2016, the United Kingdom voted to leave the European Union.

Ten years later, Brexit no longer dominates the headlines every day. However, its legal and practical consequences continue to affect thousands of British and European citizens.

Travelling, moving abroad, working, buying property, inheriting assets, marrying or divorcing across Spain and the United Kingdom no longer take place under exactly the same rules as before.

Relations between the UK and the European Union have now entered a more stable and pragmatic phase. But greater stability does not mean a return to the pre-Brexit position.

Brexit remains a legal reality, and anyone with personal, family, business or property interests in both countries should understand how it may affect them.

Ten years since the Brexit referendum

The referendum of 23 June 2016 began a long and complex political and legal process.

The United Kingdom formally left the European Union on 31 January 2020. A transition period then continued until 31 December 2020.

Since 1 January 2021, the UK has been treated as a third country in relation to the European Union.

This brought the general right of free movement between the UK and EU Member States to an end and introduced new rules governing residence, employment, travel, trade and the recognition and enforcement of certain rights.

The impact of those changes varies considerably depending on each person’s circumstances.

What has changed for British citizens in Spain?

Before Brexit, a British citizen could move to Spain under the EU rules on freedom of movement.

Today, a British citizen wishing to reside in Spain must normally comply with the immigration rules applicable to third-country nationals, unless protected by the Withdrawal Agreement.

The crucial date is 31 December 2020.

British citizens who were lawfully resident in Spain before the end of the transition period may continue to benefit from rights protected under the Withdrawal Agreement. They must, however, be able to prove their status and should ensure that their residence documentation remains valid and up to date.

Those who moved to Spain after that date, or who now wish to move here, must obtain the appropriate residence authorisation for their circumstances.

Common routes may include:

  • A non-lucrative residence visa.
  • A digital nomad or international teleworker visa.
  • Residence and work authorisation as an employee or self-employed person.
  • Residence as the family member of an EU or Spanish citizen.
  • Certain transitional rights arising from earlier immigration schemes.
  • Long-term residence, where the statutory requirements are met.

The correct route depends on factors such as income, employment, family relationships, professional activity and the amount of time the person intends to spend in Spain.

One of the most common misunderstandings is that owning a home in Spain automatically gives a British citizen the right to live here.

It does not.

Property ownership and legal residence are two separate matters.

Travelling between Spain and the UK is no longer the same

Brexit has also changed the rules for short visits.

As a general rule, British citizens may visit Spain and the rest of the Schengen Area without a visa for up to 90 days in any 180-day period.

This is a rolling calculation. It does not mean that a visitor can simply spend 90 days in Spain, leave briefly and immediately begin a new 90-day period.

Exceeding the permitted stay may lead to difficulties at the border, penalties or problems with later immigration applications.

Spanish and other EU citizens travelling to the UK generally need a valid passport. For many short visits, they must also obtain an Electronic Travel Authorisation, or ETA, before travelling, unless an exemption applies.

Even tourism and short business trips therefore require more planning than they did before Brexit.

Travellers should always check the official requirements shortly before departure, as entry systems and administrative procedures may change.

Buying property in Spain after Brexit

Brexit does not prevent British citizens from buying property in Spain.

British nationals may continue to purchase homes, commercial premises or land, either for personal use or as an investment.

However, buying a property does not remove the immigration restrictions that apply to non-residents.

A British owner may have a home in Spain and still be limited by the 90-days-in-180 rule unless they hold a valid residence permit or benefit from another lawful status.

Before purchasing, it is advisable to consider several issues together:

  • The purpose of the purchase.
  • How much time the buyer intends to spend in Spain.
  • The buyer’s residence and tax position.
  • Whether immigration authorisation will be required.
  • How the purchase will be financed.
  • The succession and inheritance implications.
  • Whether the property should be acquired personally or through a company.

A properly conducted conveyancing process should therefore go beyond checking the title and signing the purchase deed.

The buyer’s wider legal, tax, immigration and succession position should also be considered.

Good planning prevents a buyer from discovering after completion that their residence, tax or inheritance position is not what they expected.

Inheritance between Spain and the United Kingdom

International estates remain one of the most complex areas affected by Brexit.

Where a British citizen owns assets in Spain, Spanish, British and European rules may all become relevant.

It may be necessary to establish:

  • Which law governs the succession.
  • Where the estate must be administered.
  • Whether there are wills in one or both countries.
  • How the Spanish assets will be transferred.
  • Which inheritance taxes may apply.
  • Whether the heirs require Spanish identification numbers or powers of attorney.

The EU Succession Regulation remains particularly important for estates involving assets in Spain, even though the United Kingdom did not participate in the Regulation.

A properly drafted will may include an express choice of the law of the testator’s nationality. However, that choice must be coordinated carefully with Spanish law and with any will made in the United Kingdom.

Having two wills is not necessarily a problem. Having two incompatible wills can be.

Generic online templates or uncoordinated wills may cause delays, additional costs and disputes between beneficiaries.

For people with assets in both countries, succession planning should be dealt with before a death occurs, rather than after the family is already facing an international probate process.

Divorce and international families after Brexit

Brexit has also altered the legal framework for divorces and family proceedings involving Spain and the United Kingdom.

Before Brexit, many cross-border disputes were governed by common EU regulations.

Today, the applicable framework may involve international conventions, Spanish domestic law, UK law and, depending on the issue, certain retained or transitional rules.

This may affect questions such as:

  • Which country’s courts have jurisdiction.
  • Which law applies to the divorce.
  • Whether a judgment will be recognised in the other country.
  • How financial orders can be enforced.
  • Parental responsibility and child arrangements.
  • International relocation or wrongful retention of children.
  • The recovery and enforcement of maintenance.

The result cannot safely be determined merely by looking at the nationality of the spouses.

Habitual residence, domicile, the children’s residence, the location of assets and the timing of the proceedings may all be relevant.

In some cases, the country in which proceedings are commenced may have a significant effect on the outcome.

Anyone facing a potential dispute with connections to both Spain and the UK should therefore seek advice before taking action or agreeing to jurisdiction.

Are the UK and the European Union moving closer again?

Recent years have brought a noticeable change in tone between the United Kingdom and the European Union.

Both sides have shown an interest in closer cooperation in areas such as security, defence, energy, education, mobility and trade.

This renewed cooperation is important. It may simplify certain aspects of the relationship and create new opportunities.

However, it does not reverse Brexit.

The United Kingdom remains outside:

  • The European Union.
  • The EU Single Market.
  • The EU Customs Union.
  • The Schengen Area.
  • The general system of free movement.

New sector-specific agreements may improve cooperation, but citizens and businesses should not assume that the pre-2016 rules will automatically return.

The legal consequences of Brexit remain in place unless and until specific rules are changed.

From uncertainty to planning

The early years of Brexit were marked by political uncertainty.

Ten years after the referendum, many of the rules are now clearer. The main difficulty is no longer simply the absence of information. It is understanding how several different areas of law interact in a particular case.

A decision that appears straightforward may have consequences in more than one jurisdiction.

For example:

  • Buying a home may raise immigration, tax and succession issues.
  • Moving to Spain may affect tax residence, healthcare and a spouse’s immigration status.
  • A divorce may involve the courts and laws of two countries.
  • An inheritance may require coordinated legal work in both Spain and the UK.
  • A business relationship may be affected by immigration, employment and commercial rules.

Brexit therefore requires a coordinated approach rather than isolated legal advice.

The best response is neither to act out of fear nor to assume that everything continues as before.

It is to plan.

Brexit, ten years on: what now?

Brexit has not broken the relationship between Spain and the United Kingdom.

Personal, family, cultural, business and property links remain extremely strong.

Thousands of British citizens continue to live, work, retire or own property in Spain. Many Spanish citizens also retain close personal and professional links with the United Kingdom.

Those relationships continue, but they now require greater legal awareness.

Before moving country, buying or selling property, planning an inheritance, starting an international divorce or setting up a cross-border business arrangement, it is advisable to consider the full legal position.

At Bennet & Rey, we advise international clients on Spanish immigration, nationality, family law, succession matters and property transactions.

Ten years after the referendum, the question is no longer simply what Brexit changed.

The real question is how to organise your life, family and assets properly within this new legal reality.

This article provides general information only and does not constitute legal advice. Each case should be assessed according to its particular circumstances.

To contact us please send us an email: [email protected]

Or click here and book a consultation with a lawyer

 

Buying a Property in Spain from Abroad: A Step-by-Step Guide

Written by Margaret on . Posted in Property Law.

Buying a property in Spain without being resident in the country is entirely possible. In fact, many property transactions involve buyers who live in the United Kingdom, the United States, Germany or elsewhere and who cannot travel to Spain throughout the process.

However, distance can create additional difficulties: documents signed abroad, international bank transfers, obtaining an NIE number, coordinating with banks and notaries, differences between legal systems and, above all, the risk of signing documents or transferring money before the property has been properly investigated.

For this reason, the process should not begin with the signature of a reservation or deposit agreement. It should begin with proper legal and financial planning.

Below, we explain how to buy a property in Spain from abroad, step by step.

1. Establish the total budget for the purchase

The first step is to determine how much you can realistically spend.

Your budget should not be limited to the advertised purchase price. You should also take into account:

  • Taxes arising from the purchase.
  • Notarial and Land Registry fees.
  • Professional fees.
  • Mortgage and financing costs, where applicable.
  • Refurbishment or repair costs.
  • Community fees and ongoing maintenance expenses.

As a general precaution, buyers should set aside an additional amount above the purchase price to cover taxes and associated costs.

The exact amount will depend on whether the property is new or second-hand, the autonomous community in which it is located and the buyer’s individual circumstances.

Before making an offer, it is important to understand the approximate total cost of the transaction, rather than focusing exclusively on the purchase price.

2. Obtain an NIE number

Foreign buyers need a Spanish Foreign National Identification Number, known as an NIE, to complete a property purchase in Spain.

The NIE is an administrative and tax identification number. It does not, in itself, grant the right to reside in Spain, but it is required for many procedures connected with the purchase, taxation and ownership of the property.

It may be applied for:

  • In Spain, through the National Police.
  • At certain Spanish consulates abroad.
  • Through an authorised representative.

It is advisable to begin this process sufficiently early. Although the NIE can sometimes be obtained while the transaction is being prepared, delays may affect the proposed completion date.

3. Consider opening a Spanish bank account

It is not always a strict legal requirement to have a Spanish bank account in order to buy a property. However, in practice, it can make the process considerably easier.

A Spanish bank account may be used to:

  • Pay certain expenses and taxes.
  • Set up direct debits for electricity, water and community fees.
  • Pay mortgage instalments.
  • Pay the annual Property Tax, known as IBI.
  • Manage the ongoing expenses of the property.

Banks are required to verify the customer’s identity and the origin of the funds.

They may therefore ask for tax returns, employment contracts, bank statements, proof of income or documents explaining where the purchase funds have come from.

This should be prepared in advance, particularly where the money comes from another country, the sale of another property, an inheritance or a company.

4. Arrange financing before making a binding commitment

Where the purchase depends on obtaining a mortgage, the financing process should begin before the buyer signs a contract that creates a definitive obligation to purchase.

An initial mortgage indication does not necessarily amount to final approval. The bank will normally need to assess both the buyer’s financial position and the value and legal status of the property.

One of the most common mistakes is to sign a deposit agreement and pay a substantial sum in the expectation that the mortgage will subsequently be approved.

Where the transaction depends on financing, the contract should state clearly what will happen if the mortgage is refused.

Without an appropriate financing clause, the buyer may not be entitled to recover the money paid merely because the bank does not grant the loan.

5. Choose the property and make an offer

Once a suitable property has been found, the buyer may make an offer to the seller.

The offer should clarify matters including:

  • The proposed price.
  • The intended completion date.
  • Whether the purchase depends on financing.
  • Which items are included in the sale.
  • Whether furniture, parking spaces or storage rooms are included.
  • The date on which possession will be handed over.
  • Any conditions to which the purchase is subject.

Where a payment is made as a reservation deposit, it is essential to understand exactly what is being signed.

The title of the document—reservation agreement, holding deposit or deposit agreement—is not the only relevant issue.

What matters is its content: whether the payment is refundable, under what circumstances it may be recovered, which documents the seller must provide and what will happen if legal or planning problems are discovered.

A substantial sum should not be paid unless the consequences of the document have first been properly understood.

6. Carry out a full legal due diligence review

Before signing a binding contract or paying a significant deposit, the buyer should carry out legal due diligence on the property.

This involves considerably more than simply obtaining a Land Registry extract.

The following matters should normally be checked.

Ownership and registered charges

It must be confirmed that the seller is the legal owner and has the authority to sell the property.

The review should also establish whether the property is affected by:

  • Mortgages.
  • Embargoes or attachments.
  • Usufruct rights.
  • Easements.
  • Restrictions on disposal.
  • Preventive annotations.
  • Other registered rights or limitations.

Where a mortgage exists, the contract should regulate how and when it will be cancelled.

Cadastral information and floor area

The description of the property in the Land Registry should be compared with the cadastral information and the physical reality of the property.

Discrepancies in the recorded area, layout or use of the property may be relevant and are not always automatically resolved when the property is sold.

Planning and building status

The buyer should check whether extensions, enclosed terraces, structural alterations, refurbishments or changes of use have received the necessary authorisations.

The fact that works were carried out many years ago does not necessarily mean that they were properly authorised or legalised.

Community of owners

Where the property forms part of a community of owners, the following should be reviewed:

  • Ordinary community fees.
  • Approved or anticipated special assessments.
  • Any debts owed by the seller.
  • Recent community meeting minutes.
  • Existing disputes or legal proceedings.
  • Restrictions in the community rules or statutes.

This is particularly important where the buyer intends to use the property for holiday rentals or another specific purpose.

Property Tax

It should be confirmed that the annual Property Tax, or IBI, has been paid and the buyer should be informed of its approximate annual amount.

Tenants and occupants

The buyer should ensure that the property will be handed over free of tenants, occupants and third-party rights, unless a different arrangement has been expressly accepted.

Licences and technical documents

Depending on the type and location of the property, it may also be necessary to review:

  • The first occupation licence.
  • The habitability certificate, where applicable.
  • The energy efficiency certificate.
  • Other relevant technical or administrative documents.

7. Negotiate and sign the deposit agreement

The deposit agreement, commonly referred to in Spain as a contrato de arras, is one of the most important documents in the transaction.

It normally sets out:

  • The identity of the parties.
  • The description of the property.
  • The agreed price.
  • The amount paid as a deposit.
  • The deadline for completion.
  • The allocation of costs.
  • The consequences of a breach.
  • The cancellation of registered charges.
  • The handover of possession.
  • Any financing condition.
  • The furniture or other items included.
  • Any documents still to be provided.

Not every deposit agreement allows the buyer simply to withdraw and lose the deposit.

The legal consequences depend on the type of deposit agreed and the precise wording of the contract.

For this reason, a standard document provided by an estate agent or downloaded from the internet should not be used without confirming that it adequately protects the buyer’s particular circumstances.

8. Grant a power of attorney if the buyer cannot travel

The buyer does not need to travel to Spain for every stage of the transaction.

A notarised power of attorney may be granted to a trusted person or lawyer, authorising them to carry out specific acts on the buyer’s behalf.

Depending on its wording, the power of attorney may authorise the representative to:

  • Obtain the NIE.
  • Sign contracts.
  • Appear before a notary.
  • Purchase the property.
  • Carry out specific banking procedures.
  • Pay taxes.
  • Submit the title deed to the Land Registry.
  • Arrange or transfer utility contracts.

Where the power of attorney is signed before a foreign notary, it will normally need to meet the formal requirements for recognition in Spain.

Depending on the country, this may require a Hague Apostille or another form of legalisation, together with a sworn translation into Spanish.

The wording should be prepared carefully. A power that is too limited may prevent completion, while an excessively broad power may grant unnecessary authority.

9. Prepare the transfer of funds

The payment arrangements should be coordinated well before completion.

The notary will record and identify the payment methods used in the transaction. Banks and the professionals involved may also request documents establishing the origin of the funds.

The buyer should check:

  • The bank’s transfer limits.
  • How long the funds will take to arrive.
  • Currency conversion costs.
  • The documents needed to demonstrate the source of the money.
  • The payment method to be used at completion.
  • The exact bank account to which the money must be transferred.

Funds should never be transferred solely on the basis of bank details received by email without independently verifying those details.

Fraud involving the interception of emails and the substitution of bank account information is a genuine risk in international property transactions.

10. Sign the public deed of sale

The purchase is normally completed by signing a public deed of sale before a Spanish notary.

Before completion, the notary will verify certain essential matters, including:

  • The identity and legal capacity of the parties.
  • Registered ownership.
  • Registered charges.
  • The payment methods used.

However, the notary’s involvement does not replace the buyer’s prior independent legal review.

The notary acts impartially. The buyer’s lawyer, by contrast, analyses the transaction solely from the client’s perspective, negotiates the terms and identifies risks before the parties reach the notary’s office.

At completion, the outstanding balance is paid and the keys and possession are normally handed over, unless the parties have expressly agreed on delayed possession.

Where the seller is to remain in the property temporarily after completion, the arrangement should be regulated in detail and in writing.

The agreement should cover:

  • The final date for vacating the property.
  • Utilities and other expenses.
  • Insurance.
  • Liability for damage.
  • The consequences of failing to leave on time.

11. Pay the applicable taxes

The taxes payable will depend primarily on whether the property is new or second-hand.

Second-hand property

The purchase of a second-hand property is generally subject to Transfer Tax, known as Impuesto sobre Transmisiones Patrimoniales or ITP.

The applicable rate varies between autonomous communities, and reduced rates may apply in certain circumstances.

New-build property

The first sale of a new property by the developer is generally subject to VAT and Stamp Duty, known as Actos Jurídicos Documentados or AJD.

The tax implications should be calculated before the purchase, as they may represent a significant part of the total cost.

12. Register the property at the Land Registry

After completion and payment of the applicable taxes, the public deed should be submitted to the Land Registry.

Registration protects the buyer’s ownership against third parties.

Although registration of the sale is not always legally constitutive under Spanish law, it is essential for legal certainty and will facilitate future transactions, such as a resale or mortgage.

13. Transfer utilities and manage the property after completion

Once the purchase has been completed, the buyer will normally need to arrange:

  • The transfer of water, electricity and gas contracts.
  • Communication with the community of owners.
  • Direct debit of the IBI.
  • Property insurance.
  • The retention of invoices and supporting documents.
  • Management of the property if it will remain empty or be rented out.

Non-resident property owners may also have tax obligations in Spain, even where the property is not rented.

It is therefore advisable to obtain advice on the annual taxation of the property after completion.

Can you buy a property in Spain without travelling?

Yes. Most of the process can be managed remotely, and the public deed can be signed by an authorised representative under a notarised power of attorney.

However, purchasing remotely requires particularly careful coordination.

Distance should not become a reason to sign documents quickly, accept contracts without review or transfer funds before the transaction has been properly checked.

Good planning ensures that the buyer knows at every stage:

  • What is being signed.
  • How much money is being paid.
  • Which risks have been identified.
  • Which documents have been reviewed.
  • Which procedures remain outstanding.
  • What the total cost of the transaction will be.

Legal advice for buying a property in Spain from abroad

At Bennet & Rey, we advise international buyers throughout the process of purchasing property in Spain.

Our services may include:

  • Reviewing the reservation agreement and offer.
  • Carrying out legal due diligence.
  • Reviewing Land Registry, cadastral and planning information.
  • Negotiating the deposit agreement.
  • Coordinating with the estate agent, bank and notary.
  • Preparing powers of attorney.
  • Assisting with or representing the buyer at completion.
  • Arranging the payment of taxes and Land Registry registration.
  • Assisting with utilities and post-completion documentation.

Buying property in Spain from abroad is entirely possible.

The key is not whether the buyer is physically present in Spain, but whether they have clear information, proper legal control of the transaction and a trusted representative protecting their interests at every stage.

Are you considering buying a property in Spain from another country?

Contact Bennet & Rey for tailored legal advice and to understand the steps you should take before paying a reservation deposit or signing a contract.

Send us an email: [email protected]

or clik here to book an appointment with a lawyer

Buying Property in Spain: What Is the Owners’ Meeting and Why Should You Ask for the Latest Minutes?

Written by Margaret on . Posted in Buying a property in Spain, Property Law.

When buying a property in Spain, many foreign buyers focus on the price, the location, the condition of the property and the title deed. All of this is important. But there is another document that is often overlooked and can reveal very valuable information:

If the property forms part of a building, residential complex or urbanisation, the buyer is not only buying a private home. They are also becoming part of a community of owners (comunidad de propietarios). This means they may be affected by community rules, budgets, repairs, debts, disputes and future decisions.

What is the community of owners in Spain?

In Spain, buildings divided into apartments, premises, garages or individual units are usually governed by the Horizontal Property Law (Ley de Propiedad Horizontal). The law regulates the relationship between the private property of each owner and the common elements of the building or complex.

These common elements may include:

  • the roof;
  • façade;
  • lift;
  • stairs;
  • garden;
  • swimming pool;
  • parking areas;
  • communal installations;
  • structural elements;
  • shared services.

The community of owners is responsible for managing these common elements. Each owner normally pays community fees according to their participation quota.

What is the owners’ meeting?

The owners’ meeting, or junta de propietarios, is the meeting where the owners of the building or complex take decisions about the community.

Under Spanish law, the owners’ meeting has powers to approve budgets, accounts, repairs, appointments, community rules and other matters of general interest to the community. The Horizontal Property Law expressly regulates the powers of the owners’ meeting and the content of the minutes.

In practical terms, this is where the community may decide, for example:

  • to approve ordinary community expenses;
  • to approve extraordinary repairs;
  • to impose a special contribution or derrama;
  • to repair the roof, façade, lift or swimming pool;
  • to take legal action against owners or third parties;
  • to approve restrictions on tourist rentals;
  • to discuss problems with noise, leaks, debts or structural issues;
  • to appoint or replace the administrator or president.

What are the minutes of the owners’ meeting?

The minutes are the written record of what happened at the meeting. They usually include the date, attendees, agenda, discussions, agreements adopted and voting results. The Horizontal Property Law states that the agreements of the owners’ meeting must be recorded in a minutes book, and Article 19 regulates the minimum content of those minutes.

This document can be extremely useful for a buyer because it may reveal issues that are not always obvious from a viewing, an estate agent’s description or even the title deed.

Why should you ask for the latest minutes before buying?

Because the latest minutes can tell you what is really happening inside the community.

A property may look perfect, but the community minutes may show that the building has problems, that expensive works are being discussed, or that there are tensions between neighbours.

For example, the minutes may reveal:

1. Possible future special contributions

One of the most important reasons to review the latest minutes is to check whether there are planned or discussed works that may result in a “derrama”, which is an extraordinary contribution paid by owners.

This could include:

  • roof repairs;
  • façade renovation;
  • lift replacement;
  • structural works;
  • swimming pool repairs;
  • accessibility improvements;
  • legal proceedings;
  • major maintenance works.

A buyer should know this before completing the purchase. Otherwise, they may discover shortly after buying that they are expected to contribute to a significant community expense.

2. Building problems or maintenance issues

The minutes may refer to leaks, damp, cracks, façade problems, lift failures, garage defects, drainage issues or disputes with contractors.

These issues may not appear in the property description, but they can affect the value, comfort and future cost of the property.

3. Restrictions on use

In some buildings or communities, there may be discussions or rules about tourist rentals, short-term lets, business activity, pets, noise, use of terraces, air conditioning units or changes to façades.

This is especially relevant for foreign buyers who intend to rent out the property, use it as a holiday home or make alterations.

4. Debts within the community

The latest minutes may refer to owners who are not paying community fees, legal action for unpaid debts or financial pressure within the community.

Even if the seller provides a certificate confirming their own community fees are up to date, the buyer may still want to understand whether the community as a whole is financially healthy.

5. Conflicts between neighbours

Minutes can sometimes reveal disputes about noise, use of common areas, illegal works, water leaks, tourist rentals or other recurring problems.

This does not always mean the property should not be purchased, but it is information the buyer should have before committing.

6. Pending legal proceedings

The community may be involved in legal proceedings against a developer, contractor, neighbour, debtor or public authority. This may have financial or practical consequences for the owners.

Should the buyer always ask for the latest minutes?

In our view, yes, especially when buying an apartment, townhouse, property in an urbanisation, property with communal facilities, or any property subject to a community of owners.

The latest minutes are not the only document to review, but they are an important part of legal due diligence.

Ideally, a buyer should ask for:

  • the latest minutes of the owners’ meeting;
  • the community statutes, if any;
  • the internal rules, if any;
  • the certificate confirming the seller is up to date with community fees;
  • information about approved or foreseeable special contributions;
  • the latest community budget;
  • confirmation of the ordinary community fees.

What if there are no recent minutes?

If there are no recent minutes, this should also be noted. It may simply mean that the community is small or inactive, but it may also indicate poor administration.

In that case, it is advisable to ask further questions:

  • When was the last owners’ meeting held?
  • Who is the president of the community?
  • Is there a professional administrator?
  • Are there pending repairs or debts?
  • Are there any agreed but unpaid expenses?
  • Are any special contributions expected?

Why this matters for foreign buyers

Foreign buyers often rely heavily on the estate agent, the seller or a general impression of the property. However, in Spain, the community of owners can have a direct impact on the buyer’s future costs, rights and use of the property.

A careful review of the latest minutes can help identify risks before signing the purchase contract or completing before notary.

It may also allow the buyer to renegotiate, request further documentation or make an informed decision before committing.

Conclusion

When buying property in Spain, legal due diligence should not stop at the title deed and the land registry search.

The latest minutes of the owners’ meeting can reveal essential information about the building, future expenses, community decisions, disputes and potential risks.

At Bennet & Rey, we assist international buyers with the legal review of property purchases in Spain, helping them understand not only what they are buying, but also the obligations and risks that may come with it.

If you are buying property in Spain and would like legal assistance before signing, we would be pleased to help.

Send us an email: [email protected]

Click here and book a meeting with a lawyer