Real Estate Law
Málaga, Fuengirola y Mijas

Real Estate Law in Málaga and Fuengirola

Urbanismo / Ordenación del territorio

The purchase of a real estate property requires close consideration of various aspects connected not only with the legal and urban development status of the property, but also a detailed study of the consequences which the transaction could have in terms of taxation for both the purchaser and the vendor, which could subsequently prove highly beneficial.

Given our familiarity with these needs, our professional services include real estate consultancy in terms not only of contractual and urban planning issues but also taxation:

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Notarial powers of attorney and ratification of notarial documents.
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Legal research into the ownership of the property, and any outstanding rights or obligations over it.
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Drafting and revision of sale agreements, purchase options and deposits.
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Drafting and revision of lease agreements for both residential properties and business premises.
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Drafting and revision of exchange agreements.
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Attendance and representation of the client at the notary office for the signing of the deeds.
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Handling of private utilities contracts and notarial documents up to and including registration with the Land Registry.

TAXATION

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Municipal property gains tax (known as the 'Plusvalía').
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Asset Transfer Tax (ITP).
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Supplementary tax settlements and contradictory expert valuations.
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Non-resident taxation and refunding of the 3% withholding tax.

URBAN PLANNING

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Legal research into the urban planning situation of the property.
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Advice on land use and urban development planning.
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Procedures to obtain urban planning permits.
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Procedure to obtain regulatory exemption certificates.
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Urban planning enforcement.
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Legal advice throughout the procedure, from the prior purchase of the land and throughout the urban planning process, until the handover of the property and completion of all the purchaser transactions.
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Drafting and revision of any notarial documents required for property development purposes.