Legal Representation

Who are the advisers we keep telling you to consult? What can they do for you? They will be able to save you from a lot of unforeseen pitfalls, as long as you get a recommended professional (ask a veteran resident for a good one, ).

We will explain what they are called in Spanish and what they can do for you.

• Abogado (lawyer). The lawyers are all trained professionals whose job it is to serve their clients within the law.

  Many of them, especially on the Costas, will be able to speak English or German. If you are purchasing property in Spain, starting a business, attempting to get a work permit, investing in a Spanish business, or making a Spanish will, you will need a Spanish lawyer to advise you.

• Gestoría (Spanish institution licensed by the government to deal with all the legal red tape). The gestor is the middleman between you and the bureaucracy.

  They do not have any official powers, but have to pass an exam and are licensed by the authorities as a legal professional.

  When you are standing in a line to hand in your paperwork for your residencia and a man just passes you, goes behind the counter and is helped straight away, it is probably the gestor.

  They do not get this fast service because they pay bribes, but because they save the clerks a lot of time.

• Asesor Fiscal (fiscal adviser or chartered accountant). If you have made any investments in Spain, need to pay Spanish income tax, or you are starting a business, you should consult an asesor fiscal.

  He can save you money and keep you on the right side of the ever-changing tax laws. You can also use him as your fiscal representative, if you are a non-resident property owner.

  It is no longer obligatory to name a representative, when you have one property, but if you have more then one, you must name a legal representative.

• Notario (Notary or public official). Their mission is to make sure that certain matters are officially noted and registered, such as wills, purchase agreements and various other sorts of contracts.

  The notario receives fees for these services, but you cannot instruct him/her to act for you in the same manner as your lawyer or accountant.

  These fees are fixed by law, ranging from say € 60,- for a will to € 300,- for a property sales contract under € 60.250,-.

• Administrador de Fincas (property administrator). This is a licensed professional who will do the administration of your property, such as seeing that the taxes are paid, managing rentals and presenting you at owners meetings.

• Local authorities

  In your home country you are probably at ease with the various local authorities, such as the town hall, the police, the courts, the social security system, etc.

  Spain is organized in very much the same way, all you really need to know, is where to go to.

  The ayuntamiento (town hall) is very important, as this is where you will pay the circulation tax (permiso de circulation) for your car and where you have to apply for your building license if you want to build a house, register as an inhabitant of the town, pay your taxes for your property and many other important things.

  When you are registered as an inhabitant of the town you will be able to exercise your right to vote and you can even be elected yourself.

  The people working in the town hall are generally very friendly and helpful and will assist you with any problems you might have. We hope this is sufficient to help you get started.

  If you need more specified information, we recommend that you buy one of the many books available on Spanish law and taxes.
  
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