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What legalities do you need to think about when making a move to Spain? Who do you need to consult or hire? Read below for some key advice on emigration from the UK to Spain.
22nd September 2023
Property Guide | Emigration Guide | Legal Advice for Emigration | Costa Blanca Online 24
What legalities do you need to think about when making a move to Spain? Who do you need to consult or hire? Here is some key advice on what you need to focus on before and during your move.
It is recommended to hire an independent lawyer - one not affiliated (and therefore working in the interests of) an agency, developer, or other organisation. Look for someone qualified and experienced in Spanish land law, and be extra wary of being asked to cut corners to save money or time.
A notary is in charge of preparing the sale contract for your move, and also issues the public deeds. Choose which notary you use carefully, and make sure you find an English-speaking one if necessary. Each has a duty to provide impartial advice, and it is useful to seek one early on in the process. You will have three days before the contract-signing date to receive advice from your notary.
If working with an estate agent, promoter, or lawyer from Britain make sure they are qualified operating in Spain. They must also be registered with the Law Society in the UK and should specialise in international transactions.
If based in Spain, make sure to ask for a laywers registration number to check that they are registered with the local bar association. Check also that they have a professional indemnity insurance. Make sure not to sign papers or make transactions without independent advice.
Gestors are commonly used by Spanish citizens to perform the necessary bureaucracy for them. A Gestor must have the GA kite mark to be professionally qualified and thus certified to process paperwork in Spanish administration.
If a property dispute occurs and you cannot afford the court case, you can apply for legal aid. Spanish residents should apply through the local bar association. A new lawyer with specific expertise may be needed for this kind of case.