Real Estate Law

 

Real Estate Law is of special relevance in our region.

The Costa del Sol has been a top holiday destination for many foreigners since the 1960's, and the area is of course a major destination for Spanish tourists. This has meant that the service sector has become the main economic driver of the province of Malaga. The search for employment or a better quality of life has resulted in an enormous increase in both registered residents and transient population, which has led to an unprecedented real estate boom.

In many cases, construction has been carried out quickly and poorly, with property sometimes sold at exorbitant prices. This decline in the quality of real estate supply, together with inadequate protection of citizens' rights on the part of many public bodies, led to an economic crisis and a downturn in confidence that we professionals in the sector are still trying to correct.

One of the main consequences of the crisis was the awareness on the part of the average buyer that purchased properties did not comply with the relevant town planning regulations. Any ordinary observer would have taken it for granted that these requirements must have been met by the mere fact that the properties were for sale on the market. This led to personal financial ruin for a number of buyers when they wanted to put their properties up for sale in the midst of the financial crisis, since they were unable to sell their properties despite the fact that prices were falling. Before the crisis, high demand and rising prices meant that many buyers, often pressured by estate agents, failed to take the time to study the product they were buying with the assistance of a specialist real estate lawyer.

Pressure on real estate has generated countless complex situations that make the service of specialists in the field essential, in order to prevent the rights and interests of individuals from being undermined when buying and selling properties on the Costa del Sol.

Frequent town planning irregularities and unscrupulous behaviour on the part of some participants in real estate transactions, together with poor understanding of the real situation facing individuals, an inability to speak the language, the lack of awareness of relevant regulations, and the mistaken belief that buyers are protected by EU law and European standards, made it more than advisable to employ the services of a real estate lawyer, and even more so at the present time.

Real Estate Law covers a broad range of issues: purchase and sale of real estate, Mortgage Law, Joint Common Property or Communities of Owners, Registry Law, Town Planning, Administrative Law, Tax Law, leasing contracts, Corporate Law, Private International Law, Inheritance and Donations, Wealth Management, etc.

Real Estate Law covers a wide range of issues and involves expert knowledge of the way in which these issues interconnect, in order to find a solution tailored to the particular circumstances of our client.

It is an area that is constantly subject to regulatory changes. Excessive legislation often results in legal uncertainty, especially when laws contain contradictory articles, or are incomplete, or when European Directives are not applied. For all these reasons, our legal experts constantly update their expertise and knowledge to provide the best protection for their clients.

The purchase of a property is for many the largest investment they will make in their lifetime. Payment can involve many years of sacrifice and savings. For this and many other reasons, peace of mind and security when buying or selling a property, whether for personal or commercial use, are essential.

Special mention should be made of the interconnection between Real Estate Law and Town Planning Law, which is included within Administrative Law, and which regulates a range of issue that include land planning, the use of land, and the execution of building development on land according to plans, as well as construction work directly connected with the guarantees to the consumer or final recipient of the completed property when purchased directly from the developer. This combination of legal and technical aspects highlights the interdisciplinary nature of town planning.