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Real Estate law and legal questions

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NEW HOME LAW OF THE ILLES BALEARS: HOW IT WILL AFFECT THE PURCHASE/SALE OR RENTAL OF PROPERTIES

On the 27th June 2018 came into force the new Home Law of the Illes Balears. We already spoke about this project of the Law beforehand and now, at last, has been published the final regulation text. Although this Law regulates very interesting areas from a social point of view and is focused to those most disadvantaged, particularly keeping in mind the present situation in the islands, where many families are unable to gain access to a decent quality home, we prefer not to delve into this matter but concentrate on the practical aspects that this Law will imply in our every day, as professionals in the real estate and planning area.

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Consell Insular and local government together in collecting the income as a result of planning infringements.

When a proceeding is started for planning infringement, the result is not only that those responsable must restore the planning legality and the modified physical appearance (legalizing or demolishing same in a voluntary or non voluntary manner) but also the Administration holds the punishment authorization and may impose fines, in some cases very substantial, to these planning offenders (art. 186 LUIB).

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New planning Law in the Balearic Islands (IV): Expiry of works carried out without a license.

You may possibly know that when construction of more than eight years has been carried out without a license, the infringement has expired and the administration cannot request that the owners demolish such construction. In spite of expiry this does not mean that the construction be legal because, even though eight years have passed, the Works are still considered as being illegal and out of planning order, although it was possible to declare same through public deed.

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Is the new Planning Law of the Balearic Islands unconstitutional?

No. No worry. We only want to attract your attention. Although it is true that the new law has caused controversy, up to the point of us having read in some local newspapers that the mainland government are considering the possibility of presenting an appeal of unconsititutionalism before the Constitutional Court, but only of certain rules of the Law for violating powers of the state legislator or for directly being unconstitutional.

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Events

Bufete Frau patrocina ¡Vivir con entusiasmo!, conferencia solidaria a favor de ASPANOB.

En Bufete Frau estamos muy orgullosos de ser patrocinadores de ¡Vivir con entusiasmo! de Victor Küppers. Se trata de una conferencia solidaria que organiza BF Conferences, junto con Colegio San Cayetano y a favor de Aspanob. El próximo 21 de Junio, Víctor Küppers hablará sobre el valor del entusiasmo. El humanista y formador personal, centrará su ponencia en cómo la actitud, el estado de ánimo o el equilibrio emocional pueden llevar a cualquier persona a conseguir resultados muy diferentes. Les invitamos a participar de la conferencia. Las entradas donativo pueden reservarse aquí: www.bfconferences.com

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Are you thinking of selling your property?

If you have decided to sell your property in Spain, even though you do not yet have a purchaser, we believe it is important to have all documents ready and prepared. This way, not only will it mean a more simple, easier operation but additionally the value of your property could be higher. This article is not meant to offer a detailled perusal of all the documents and aspects to be kept in mind, but to name a series of things that are important to value and that as soon as being available, the better.

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Why is it important to draw up a will for your assets in Spain?

We always recommend to our clients who have just purchased a property in Spain, that they then draw up a will, but only for their assets in Spain. In other words, it is not our idea that this will revokes or alters the will that our client may have in his/her own country, but the plan is that this will be only for any assets purchased in Spain.

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