Horizontal Property Law: common expenses, retroactivity and payment obligation The publication of a recent ruling on retroactivity in the obligation to pay common expenses owed by a third party once again brings to the forefront the wording of the Horizontal Property Law (LPH). This regulation, essential in the governance of homeowner communities, clearly establishes the financial obligations of the purchaser…
The Law attributes to the Public Administration the necessary legal instruments to act in the event of an urban infraction so that, apart from sanctioning for this aforesaid illegal act, it restores the current urban situation before the urban infraction takes place. Three are the cases of urban infractions. a) and b) Works built without obtaining or applying for the…
Off-Plan Property Purchase A key issue and the subject of numerous legal claims in Spain has been the regulation regarding the obligation of developers to guarantee the amounts they charge in advance during an off-plan property purchase or a property under construction. This regulation has been modified by Law 20/2015 of July 14 on the Regulation of Insurance Entities. Below,…
Tenant Protection during Renovations and Repairs Living in a rental property over an extended period often involves dealing with issues related to the property’s maintenance or the need for repairs and improvements. It is important for both the owner and the tenant to understand their respective legal obligations regarding the upkeep and maintenance of the property to ensure a harmonious…
HOW TO CLAIM DAMAGES FOR DEFECTS IN NEW HOME CONSTRUCTION The delivery of a newly constructed home often presents specific issues that can manifest as defects in finishing elements or more severe damages or hidden defects. It is common for the buyer to follow up on the home before the deed is signed. Days before taking possession, the buyer checks…
The Arras Contract: Essential Aspects In current real estate transactions for the purchase of built housing, whether new or second-hand, this document has completely replaced the private purchase contract. The arras or deposit provided for in Article 1454 of the Civil Code has traditionally been a preliminary document that operated as a reservation document. Without specifying major features of the…
The threat reflected in the title is certainly not insignificant because the case we want to expose, which is more common than it seems, has its origin in the lack of knowledge, sometimes unjustifiable, that the citizen who wants to build a house has of the legal procedures that this implies in accordance with the urbanistic legality and of the…
The Community of Andalucía has approved a decree-law, the Decree-Law 3/2019, of 24st September, from the Regional Andalusian Government, by which a large number of houses that were in an irregular or illegal situation without supplies or a supply network because they had not obtained a building permit at the time or had been rejected, are now regularised or in…
The possibility that the owner of a piece of land that signs a execution works contract may desist from it, whether the construction have started or not, it is a faculty that the Law recognizes, although it solidifies or links certain effects or consequences that we are going to study briefly in this article. The article 1594 of the Civil…
There are several actions that the Spanish legal system attributes to the buyer of a dwelling due to construction defects after the purchase of the property. Certainly, the system of liability for defects or flaws in the building is complex. There are damages for defective works that can only find an answer in articles 1484 and in following articles of…
