Real Estate & Registry - LEXPYME Economist Lawyers

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REAL ESTATE & REGISTRY

Real Estate Law is the set of rules and laws that regulate all the operations that can be carried out on property that the law defines as real estate -those that, due to their physical characteristics, cannot be moved from the place where they are located-, both between citizens and between a private individual and the public administration.

It is therefore responsible for regulating all real estate transactions: how the rights that a natural or legal person has over immovable property or part of it are created, transferred, modified, acquired or extinguished, as well as the taxes and charges that must be paid for each of these operations. It also covers aspects relating to managing these properties, i.e. planning permissions, building licences and the rules governing neighbourhood communities.

As is the case with other branches of law, Real Estate Law is a vast subject, and its regulation is carried out through various laws that correspond to different legal areas.

For this reason, the principal regulations in the field of Real Estate Law are enormously extensive and complex and, as they cover different areas such as Housing, Urban Leases and Horizontal Property, they require the specialised advice of professionals with extensive professional experience in these areas.

Furthermore, in addition to all of the above, it is worth highlighting the Land Registry figure, which establishes mechanisms for registering and publicising the legal situation of the same.

For all these reasons, and given the great importance and complexity of Real Estate and Registry Law, at LEXPYME, we offer our clients comprehensive legal advice on all matters relating to this area.

  • Lease contracts for all types of real estate (commercial properties in mixed-use buildings, commercial premises in shopping centres, industrial warehouses, logistics warehouses, offices, etc.), housing, offices and business premises as well as annexes thereto, renewals, subrogations and termination of contracts.
  • Deposit or Promise of Sale Agreements.
  • Contracts for the purchase and sale of all types of real estate (commercial properties in mixed-use buildings, commercial premises in shopping centres, industrial warehouses, logistics warehouses, offices, etc.), housing, offices and business premises as well as annexes thereto, renewals, subrogations and termination of contracts.
  • Surface Right Contracts.
  • Real estate transactions of all kinds.
  • Management and resolution of all types of disputes relating to Real Estate Law.
  • Constitution of Horizontal Property regimes. Management and resolution of all types of disputes relating to Horizontal Property.
  • Procedures and liaison with Property Registries.
  • Advice on property management: opening, activity, works and sign licences for offices, business premises and shopping centres.

More information about Real Estate and Registration Law

The figure of the Land Registry, a public institution with the aim of protecting the legal traffic of real estate, establishing mechanisms for registering and publicising the legal situation of the same. This includes a register of the owners, transfers and rights that weigh on a property.

Real Estate Law will be in charge of establishing valid ways to comply with the Land Registry obligation and guarantee that the transfer of goods or rights is correct.

Its functions are the registration or annotation of acts and contracts relating to ownership and other rights in rem in immovable property. Its books officially record acts and contracts relating to ownership and other rights in rem over real estate. Its purpose is to provide security for legal real estate transactions and the public faith of the registry of what has been registered. It serves as proof of legal title. It is therefore presumed that the registered rights exist and belong to the owner. It is, therefore, a means of publicising rights in rem in immovable property.

The scope of application of Real Estate Law can be defined as the regulation of all those acts and contracts that affect a real estate property and that, in general, it will deal with:

  1. The regulation of rights in rem over immovable property is divided into property rights and rights limiting ownership. Real Estate Law regulates what property is, and the rights it grants, how it is acquired, shared or transmitted. As for the rights limiting ownership, it regulates situations such as the usufruct, habitation or easement of a property.
  2. The purchase and sale of real estate or real estate transactions: this process requires prior formalities to guarantee the validity of the transaction: it will be necessary to check the urban, registry and administrative situation of a property before its purchase and sale to prepare prior contracts -such as a deposit or purchase option-, or to settle the taxes that accrue before and after the purchase and sale.
  3. The constitution and administration of a community of owners: in the case of a building in which the ownership of the flats and premises corresponds to different people, it will be necessary to constitute a community in order to take the relevant decisions and fulfil the legal obligations.
  4. The division and grouping of properties: this is another situation in the field of real estate law. It occurs, for example, when a piece of land is divided into separate estates, and different rights correspond to other owners or beneficiaries.
Starting with the Spanish Constitution as the legal framework, we will find that the rights and duties that affect persons with ownership of any kind over real estate are regulated in different legal texts: from the Civil Code to the Commercial Code when applicable, in addition to specific laws such as the Mortgage Law or tax laws that determine the taxes or charges that fall on a property (IBI, Property Transfer Tax and Stamp Duty, etc.), the LAU or Urban Leasing Law that regulates the legal regime for the rental of real estate, as well as the LAU or Urban Leasing Law, which governs the regime for the rental of real estate, as well as the Horizontal Property Law, which includes all the regulations relating to Communities of Owners.
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