For a real estate development project in Spain, Welex, your tax and law firm in Spain, can offer you a comprehensive set of legal, tax, and financial services that provide you with security and efficiency in all phases of the project. The main services include:
1. Legal and commercial advice in Spain
- Incorporation of special purpose vehicles (limited companies, public limited companies, joint ventures, etc.).
- Drafting and reviewing articles of association and agreements between partners.
- Land purchase agreements, purchase options and deposits.
- Negotiation and drafting of contracts with suppliers, builders, architects and marketing agents.
Further information on the legal structures involved in a purchase you can read here.
2. Urban planning and real estate advice in Spain
- Urban planning and land registry due diligence.
- Verification of licences, urban planning and applicable regulations.
- Processing of building, opening and activity licences.
- Advice on construction contracts, delegated development and project management.
More information about the tranfer of a property uner construction in Spain you can find here.
3. Tax and accounting advice in Spain
- National and international tax planning for the project.
- Optimisation of the corporate structure for investment and divestment.
- VAT, ITP/AJD and other taxes related to real estate transactions.
- Accounting, tax compliance and reporting for investors.
4. Financing and economic structuring
- Economic and financial feasibility analysis of the project.
- Preparation of business plans and financial projections.
- Search for and negotiate bank or alternative financing.
- Structuring of project finance and guarantees.
5. Labour and human resources management in Spain
- Advice on hiring direct or subcontracted personnel.
- Compliance with labour and social security regulations.
- Occupational risk prevention and compulsory insurance.
6. Compliance and risk prevention in Spain
- Money laundering prevention (AML/CFT).
- Regulatory compliance (criminal, environmental and urban planning compliance).
- Data protection and digital regulations applicable to marketing.
7. Legal advice on the sale or marketing of real estate development projects in Spain.
- Reservation, sale and lease agreements with end customers.
- Tax aspects of sales to non-residents and foreign buyers.
- Coordination with notaries and property registries.
Description of the services provided by our law firm in Spain in relation to advice on property development:
Read here about urban planning licences in Spain.
Advice on land acquisition
Analysis of the most appropriate form of land acquisition, considering the particularities of the transaction, the registration status of the properties, and the applicable taxation.
Structuring and negotiation of financing
Guidance on the different financing alternatives available, preparation of the necessary documentation, coordination and participation in meetings with financial institutions, as well as support in the negotiation process until the formalisation of the financing contracts.
Tax and cost advice in the initial phase
Advance and detailed information on the taxes and expenses arising from the declaration of new construction, including taxes, notary and registration fees, so that the client has a clear estimate of the tax costs of real estate development in Spain from the outset.
Relationship with project technicians and professionals
Review and preparation of the necessary contracts for the provision of services by the professionals involved in the property development, such as architects, quantity surveyors, construction companies, engineers, etc., ensuring that the obligations of the parties are adequately reflected and protected.
Formalisation of the deed for new construction
Obtaining and verifying the necessary documentation, preparing the deed for new construction, and assisting the client in signing before a notary, ensuring correct registration in the Land Registry.
Deed of completion of construction and registration
Preparation of the deed of completion of construction, coordination of the settlement of taxes and related expenses with the Tax Agency, and management of the corresponding registration.
Financial closure of the project
Preparation of a final statement of accounts detailing the funds received, payments made, and the financial results of the project, ensuring maximum transparency and financial traceability.
Accounting and financial advice
Provision of accounting support services throughout the process, including the proper accounting of operations related to the development, economic and financial analysis, and recommendations for optimising the tax burden.
Advice on the sale of homes already built in Spain:
- Drafting and preparation of private purchase agreements with buyers.
- Coordination of the signing of these contracts, ensuring that the conditions comply with current legislation and protect the interests of the developer.
- Supervision of payments on account and legally required guarantees.
- Preparation of the necessary documentation for the signing of the deeds of sale before a notary once construction is complete.
- Assisting the client with the signing of deeds before a notary.
Read here why a lawyer is requiered to buy a property in Spain.
Please do not hesitate to contact Welex, your law firm in Spain, if you wish to carry out a property development in Spain, and we will provide you with a comprehensive service from a tax, legal, and accounting point of view.
This article was written by Wim Lamers, director of Welex and economist with more than 25 years of experience in accounting, taxation and real estate law. Welex is your law firm in Spain for corporate and company law.
