The course is relevant for lawyers and legal advicers in Nordic countries. You can participate in Copenhagen, Axelborg or participate live online.

Content

Buying, owning, selling or renting out property in Spain involves legal and practical issues that differ from those encountered in Denmark and other Nordic countries. If these differences are not identified early, important issues relating to title, contracts, registration, taxation or other obligations may be overlooked.

This course gives lawyers and other legal professionals a practical understanding of the Spanish legal framework and transaction process, from due diligence and contracts to completion, ownership, rental and succession.The focus is on identifying key risks, understanding the differences between Spanish and Nordic practice, and knowing when specialist Spanish legal advice is required.Topics include:

• The Spanish property system and Land Registry
• Buying property in Spain: due diligence, contracts, deposits and completion
• The  role of the Spanish lawyer, notary, registrar and real estate agent
• Financing mortgages, taxes and other costs associated with Spanish property
• Ownership and renting out property in SpainOkupas      (squatting), unlawful occupation and protection of property owners
• Succession and inheritance involving Spanish property

Takeaways

The course provides participants with a practical framework for identifying and handling the legal issues that may arise when advising clients in relation to Spanish property. Participants will gain a clearer understanding of how a Spanish property transaction is structured, where the process differs from Nordic practice, and which legal and practical issues require particular attention.The course is designed to make it easier to identify potential risks at an early stage, understand the responsibilities of the different professionals involved and recognise when specialist Spanish legal advice is required. Participants will also gain insight into issues that may arise after the purchase, including financing, taxation, rental, unlawful occupation and succession.After the course, participants will have:

• Knowledge to identify the key Spanish-law issues arising when advising clients who own, purchase, sell or rent out property in Spain
• An understanding of the main differences between Spanish and Nordic approaches to property transactions
• Deeper insight into the Spanish purchase and sale process, including due diligence, contractual arrangements, notarial completion and registration
• Knowledge of the roles and responsibilities of the main Spanish professionals involved in a property transaction
• Tools to identify potential legal and practical risks at an early stage
• An understanding of key issues relating to financing, taxation, powers of attorney and rental of Spanish property
• An understanding of the legal and practical issues arising from unlawful occupation of Spanish property, including the rights and remedies available to property owners
• An overview of succession issues where clients have property or other assets in Spain

Participants will also receive a practical Spanish Property Transaction Checklist, which can be used as a reference when advising clients with property interests in Spain.

Background

Spain is one of the most popular destinations for Nordic property buyers, and Danish, Swedish and Norwegian clients frequently own holiday homes, investment properties or other real estate in Spain.Although the underlying commercial transaction may appear familiar to a Nordic lawyer, the Spanish legal and practical framework differs in important respects. Property registration, due diligence, contractual practice, notarial procedures, powers of attorney, taxation, financing and succession can all give rise to issues that require specialist Spanish-law knowledge.The course is designed from a practical cross-border perspective and draws on Susana Bidstrup's experience as a Spanish-qualified lawyer advising clients and professionals on Spanish property matters from Denmark.

Target Group

The main target group are lawyers and legal advicers in Nordic countries. You may participate in alssroom in Copenhagen, Denmark or online.
The course is aimed primarily at:

• Lawyers and legal professionals advising clients with property interests in Spain
• Lawyers assisting clients who are purchasing, selling or renting out property in Spain
• Private client and estate-planning lawyers dealing with clients who own Spanish assets
• Lawyers working with international and cross-border clients
• Lawyers who may themselves have property or other interests in Spain

Materials

Participants will have access to the course presentation and other relevant materials via JUC's online materials portal.Participants will also receive a practical Spanish Property Transaction Checklist designed as a reference tool for future client matters.

Programme

The programme is preliminary and may be subject to changes. The final programme will be sent to participants prior to the course.

Introduction to the course and participants.

1. The Spanish Property System

• The Spanish property system
• Ownership and title
• The Spanish Land Registry
• Key differences from Nordic property systems
• The roles of lawyer, notary, registrar and real estate agent

2. Buying Property in Spain – Due Diligence

• The purchase process from the initial offer to completion
• Title and ownership checks
• Encumbrances, debts and other risks
• Planning and property documentation
• Due diligence and the importance of independent legal advice

Break with pastries, tea and cake

3. Contracts and Completion

• Reservation agreements and deposits
• Private purchase agreements
• Contractual risks and common issues
• Powers of attorney
• The role of the notary
• Completion and registration

4. Financing, Taxes and Ownership Costs

• Mortgages and financing in Spain
• Banks and practical considerations for foreign buyers
• Transaction taxes and other costs
• Ongoing ownership costs
• Key considerations for non-resident owners

Lunch prepared by our in-house kitchen

5. Owning and Renting Out Property in Spain

• Ownership after completion
• Renting out Spanish property
• Key legal and practical considerations for landlords
• Short-term and long-term rental issues
• Tax and compliance considerations
• Common issues encountered by foreign owners

Afternoon break with coffee, tea and cake

6. Okupas and Unlawful Occupation

• The okupa phenomenon in Spain
• Legal framework relating to unlawful occupation
• Distinction between different forms of occupation
• Rights and remedies available to property owners
• Practical considerations for foreign property owners
• Preventive measures and risk management

7. Succession and Spanish Property

• What happens when a property owner dies?
• Spanish property in an international estate
• Interaction between Spanish and Nordic succession rules
• Forced heirship and Spanish succession concepts
• Estate administration and practical issues
• Coordination between advisers in different jurisdictions

Kurset kan godkendes som obligatorisk efteruddannelse for advokater.