Legal Issues in Spain 

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Approves the Law on the Right to Housing                        
1.May.2023 - 11:00 am                                   

One of the most important measures concerns the public social housing stock. The law include the imposition of a compulsory reserve of 30% of any development for subsidised housing and that of this 30%, 15% must go to social renting. Also the law will improve the regulation of evictions in situations of vulnerability with social services that will coordinate more effectively with judges to offer housing solutions to those affected.

For a limited period, the competent authorities will be able to declare areas with a stressed residential market and establish measures to prevent abusive rent increases and archieve a reduction in prices, either by reducing the cost of rent or by increasing supply.

With regard to emplty dwellings, the law contemplates that local councils can levy a surcharge up tp 150% on the property Tax (IBI) that is levied on them.

Transport - Road Safetly - Alcohol                        
17.Mar.2023 - 10:00 am                                   

About 25% of all road fatalities in Europa are alcohol related whereas about only 1% of all kilometres driven in Europe are driven by drivers with 0.5 g/l alcohol in their blood or more.

Alcohol limit in Spain: 0,5 g/l Standard drivers; 0,3 g/l Novice drivers; 0,3 g/l Professional drivers.

Article 379.2 Criminal code establishes as a crime driving under the incluence of alcoholic beverages, toxic drugs, narcotics or psychotropic substances and is considered a crime when the amount of blood alcohol exceed 0,6 g/l. Then driver becomes subjet to a criminal proceeding and may even be arrested.

Tax residence in Spain

04.Mar.2023- 11:00am

A natural person is a resident in spanish territoriy when any of the following circumstances are present:

1. That he/she stays more than 183 days, during the calendar year, in Spanish territory. In order to determine this period of residence, sporadic absences will be taken into account unless the taxpayer proves his/her tax residence in another country (by means of a certificate of tax residence issued in another country). In case of countries or territories classified as tax havens, the tax Administration may require proof of residence for 183 days in the calendar year.

2. That the main core or base of their activities or economic interests is located in Spain, either directy or indirecty.

3. That the spouse who is not legally separated and the children who are minors and who depend on this person are habitually resident in Spain.

Countries, territories and harmful tax regimes that qualify as  non-cooperative jurisdictions. BOE 10.2.23

15.Feb.23 - 9.00pm

The Ministery of Finance and Public Administratión has approved the Order determining the countries and terriitories, as well as the harmfull tax regimes, which are considered non-cooperative jurisdictions. This Order updates the list of tax havens and also complies with the provision of the Law on the Prevention and Fight against Fraud (L 11/2021). This Law broadened the concept of non-cooperative jurisdiction, and updating the criteria, not only of transparency but also of tax fairness, for tetermining the countries and territories that are considered tax havens.

 Legal issues in 2023. Real estate and urban planning.

 11.Jan.23 - 3.00 pm

Housing leases will be subjet to several measures such as the extension of the term of the lease and restrictions on annual rent increases. Also if the draft bill on the right to housing is approved, housing rental prices will be moniores in strained housing market areas.

The Goverment has approved the extension for 2023 of the extraordinary limitation placed on annual rent reviews in relation to residencial leases, as well as a six months extension of rental agreement in force, until June 30, 2023, mantaining the same terms and conditions.   

The Land Urban Regeneration Act is also expected to be amended (with significant developments concerning the annulment of urban development plans), while fostering the restoration and construction of rented social housing.

Spanish case-law. Expulsion of the foreigner for having been convicted of a criminal offence.  Supreme Court 03.11.2022                        
3.Nov..22 - 10:00 am                                   

 The period of prohibition of entry set in an expulsion order is not reviewable due to the concurrence of supervening circumstances. The period of prohibition of entry set in an expulsion order, agreed under art. 57.2 LOEX, which starts to run once it has been executed, cannot be reviewed due to the occurrence of supervening circumstances, in this case, the cancellation of the criminal record.

Rules of Private International Law/Succession.
19.Oct.15 - 10:00 am
Art. 9.8 of the Civil Code.

Succession on the ground of death shall be goberned by the national law of the decedent at the time of the death, independently of the nature of the assets or the country where they are located. However, testamentary dispositions and succession covenants made in accordance with the national law of the testator or of the covenanter at the time of their executions shall continue to be valid even if a different law governs the successions, excepts for the legal portions, if any, which shall be in the conformity with the law governing the succession. Rights of the surviving spouse granted by operation of law shall be governed by the law that regulates the effects of the marriage; however, the legal portion of descendants shall be respected.

Timeshares and holidays club
18.Febr.16 - 09:00am

Timeshares and holidays clubs are hight on the list of complaints from EU consumer. The EU Timeshiare Directive (2008/122/EC) has been designed to enhance consumer protection surrounding timeshares and holidays products, as well as exchange and resale.
Consumers have greater protection when they buy and resell timeshare holidays, or timeshare-like holidays on cruise boats, canal boats, caravans and "discount holidays club". The directive aims to prevent "pressure selling".
The regulation cover:

Long-term holidays products (i.e. holidays club);
Shorter term contract - all purchases for a period of one year or more including tacit renewal or shorter periods;
All forms of holidays accomodations (including boats and other moveable property such as caravans or cruise ships),
Resale of timeshare or holidays club memberships by consumers;
Exchange services (i.e. some timeshare owners pay an extra fee to join an exchange club, where they can swap their week in, say the Canaries for a week in another location).
The timeshare diretive 2008/122/EC was officialy transposed into the Spanish national legal system on 06/07/2012 by the law 4/2012.

Bank Account in Spain
12.Sep.2015- 11:00am

There are two differents types of accounts, a Resident Account and a Non Resident Account. Which one is for you depends on whether you are a resident or a non resident in Spain.

For those who were born in Spain, you will need to provide your DNI documentation. As expats are not born in Spain, they will have an NIE number as opposed to a DNI number, which will need to be shown along with photographic identification such as a passport.

Resident Account

There are a few different ways that you can be deemed resident in Spain. You will be classed as a resident if you spend 183 days or more per year in the country.

Another way, is if you use Spain as the base for a business or professional activity or also if you have a spouse and/or children under 18 who are permanent resident in Spain.

Non Resident Account

Anyone applying for the non-resident account needs to prove that they are a non-resident. To obtain shuch proof, you need to apply for a "Certificado de No Residencia" by the police station (Dirección General de la Policía) with your passport and a full photocophy of your passport. This has to be done in person or someone with power to act in your behalf.

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    The Spanish Constitution recognizes the dignity of people, their inviolable rights, free development of personality, respect for the law and for the rights of others. The Constitution itself includes people´s fundamental rights and freedoms, reflecting the Universal Declaration of Human Rights and international Treaties and agreements on human rights ratified by Spain.

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