The new last will law

Information regarding the new Last Will law in Spain.

Following the new European Law, the Probate proceeding will change on the 17/08/2015.

FIRSTLY THIS ONLY APPLIES TO RESIDENTS OF SPAIN. Please ignore law firms who contact you suggesting you change your Will if you are not a Resident and if you are a Resident, please read the following…

The most important changes are:

1º) The regulation does not affect UK, Ireland nor Denmark, because these countries didn’t accept this Act.  SO ALL BRITISH; IRISH AND DANISH PEOPLE ARE UNAFFECTED.

2º) For all other nationalities, from that date, the Law applicable for Wills and Probates will be the Law of the country where the deceased person lives, nor the national Law, as now. This does not apply again to British, Irish and Danish nationals.

3º) Therefore, the whole process will be done just in one Country, and using the Law of this Country (where the deceased person lives).

4º)  If you are not British, Irish or Danish living in Spain and you want to use the Law of your country, instead of Spanish Law, then you have to change the Will including a clause refusing expressly the application of Spanish Law, choosing the Law of your Country.

5º) If you are British, Irish or Danish living in Spain and you want to use the Law of Spain, instead of your national Law, then you have to change the Will including a clause refusing expressly your Law, choosing Spanish Law.

There are a few exemptions to this (relating mainly to jurisdictions and litigations, not too relevant to Wills): one is that this regulation won´t be applicable if despite you living in one country you have stronger ties with another Country. An example, if you are French living and renting in Spain, but you have houses only in France, and you work for a French company….

So, in summary, from August 2015, anyone of ANOTHER NATIONALITY than British, Irish and Danish (and we know we have many) if you have made your Spanish Will, then you may have to change the Will including a clause refusing expressly the application of Spanish Law, choosing the Law of your Country.

This law is over 200 pages long so we cannot cover it all so it is a bit complicated to coment on all the articles covered.

If you haven’t made a will  I would  advise you to do so.  There is no harm in taking action now and getting this arranged as this is a definite change.

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Non Residence Tax.

NON RESIDENT TAX RETURNS – if you are a non-resident of Spain then it is that time of year to pay a small tax return by the 31st December for any property owned in the year last year. If you have not yet paid your tax, please contact me if you need assistance.

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Helping 3 kids in India

Giving an education to these kids breaks the poverty on there families and transforms their lives. Without an education they can only get some employment in the fields and never be able get out of that vicious circle of poverty. All this costs money… Can you help?
I have known Chanra Seker, Naveen & Tarun personally since they were small and would love to see them getting a better chance. Please help me to help them.
A small amount of money goes a long way in India.
I have been in India 5 times & will be travelling again in august with my daughter who has just turned 14. If you think you could help then please send me a message or go to Hope community trust India page here on facebook.

https://www.facebook.com/pages/Hope-community-trust-India/493234600741210?fref=ts

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Energy Proficiency Certificate questions.

certificado-de-eficiencia-energetica-murciaRecently I have had a number of people ask me if the Energy Proficiency certificate needs to be Visado.  The answer to this is no, it is not required by law any notary or land registry will verify this to you. Your solicitor should also advise you the same and if they tell you it is needed then you should ask them where it is stated in the Official State Bulletin (BOE) because it is not! A Visado, which is the little blue stamp or now the computerized stamp should appear on any official building plans to be submitted to the town hall for a planning permission license for building a property or extensions but is not required on the energy certificate.  The person issuing the certificate must be a qualified architect or technical architect.

Another question being asked is if the person buying the property state they do not require the certificate, can it be wavered?

There is a exception to the rule, if the property is only going to be used for 4 months of the year them the certificate is not needed. This will have to be declared in the deeds & the new owners will be responsible for this declaration. The notary will warn you in Spanish that the risk of this being checked is quite real and that the fine if found to be untrue is between 600 & 1000€ (a energy certificate should not cost you more than 140€ for a apartment & 180€ for a town house or villa) the way that this is checked is buy looking at the utility bills etc.

The Energy certificate now has to be registered at the Registro de Certificación de Eficencia Energétic de Edificios. This is a process where the registered architect registers the certificate and will need a photocopy of your N.I.E. number and  your written consent to register the certificate. It can be done on line by the Architect but he will need to have his details registered with a digital signature. You can register your own certificate (http://gcee.aven.es/publico/documentacion.aspx?ob=ext&id=1) but it is a bit of a complicated process as you will have to register yourself as a client and it is all in Spanish. The architect may want to charge you for this service.

We offer this service included in the fee for all our clients wishing to obtain a certificate and free of charge for all our clients who have already obtained a certificate with us.

For more information please contact me on 617354758 or email me patrickvine63@hotmail.com

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Energy Performance Certificates: Fully registered EPC Provider

certificado-de-eficiencia-energetica-murcia

The spanish government recently passed a bill that will require all existing homes in Spain that are for sale or rent to have an “energy performance certificate” from the 1st of June 2013. Once the new regulations have come into force in Spain all homeowners who want to sell or lease their property must make this “energy performance certificate” available to the prospective buyer and/or tenant.
The owner of the home, building, or business premises will be responsible for obtaining and paying for the certificate, which they will need in order to sell or lease their home. In addition to the certificate, each home will also receive a series of recommendations to improve the energy performance of the home and enable it to go up at least one level in the energy efficiency scale.
Expat Solutions has a team of qualified & experienced domestic and commercial EPC Engineers/Architects & technitions who will provide a fully registered and approved EPC – energy performance certificate.
We provide a fast, personal and simple way of obtaining the EPC (energy performance certificate). Just contact me to arrange a convenient day and time.

The BOE (Oficial State Publication) cin be found here:-

http://www.boe.es/boe/dias/2013/04/13/pdfs/BOE-A-2013-3904.pdf

This is the law published by the government dictating the conditions to be adhered to.
FAQ.

What is an energy certificate? It is a report that describes how efficient a home is in terms of energy consumption. It assigns an energy rating to each home on a scale which ranges from “A” (the most efficient) to “G” (the least efficient). In most cases properties in Spain will be graded between E & G becuase of the type of building materials used and lack of insulation.

  • Who can issue an energy efficiency certificate? Just Qualified Engineers registered in colledge of Spanish Engineers/architects(Arquitecto Tecnico, Ingeniero or an Ingeniero Tecnico Colegiado).
  • Will the technician need to visit the property? Yes. They have to visit the property to take measurements and collect information about the property before drawing up and certifying the report.
  • How much is the EPC certificate? Depending on the size and type of your property bit aproximatly 140€ for a apartment & 180€ for a town house/ villa.
  • Who needs an EPC certificate?All properties that are being sold or rented out (even short term rentals).
  • How long is the energy certificate valid for? The certificate is valid for 10 years. This means owners will not have to obtain a new certificate during this period unless they renovate or change the property in any way.
  • Can I obtain an EPC before the 1st of June? Yes, however it will not be obligatory until the 1st of June, if your home is on the market to be sold then it is best to have it provided as soon as you can as to prevent any extra stress at the time of the sale.
  • Will I be fined if i do not have an EPC? It has been published that the government will fine all properties listed for sale or rent that do not have an EPC. According to the consumers & users defence law (Real Decreto Legislativo 1/2007, 16th of november) it will be considered a material infraction.
  • Will a low rating affect the sale of my home? Can I sell it without any problems? You are free to sell your home. The only way it will affect a sale is how the rating influences the buyer.
  • If I want to sell my home and it has a poor energy rating, such as D, E or F, am I obliged to make any improvements? No, you are not obliged to make any improvements even if your property has a low rating. With ther certificate there is added some advice on how to improve the rating.

Excluded buildings

Monumental officially protected buildings and special architectural or historic properties where compliance with the requirements would unacceptably alter their characteristics and appearance. Churches & places of worship and for religious activities; temporary buildings with a limmited time of use of two years or less. Industrial warehouses, workshops and non-residential agricultural buildings with low energy demand and nonresidential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance; residentialpropertieswhich were built with the intention to be used less than four months of the year and stand-alone buildings (casitas or farmers tool houses) with a total floor area of less than 50 m2.

If you need any further information, please do not hesitate to contact me by email (patrickvine63@hotmail.com) or phone me on 617354758.

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OMIC, The Spanish Ombudsman.

OmicIn the town hall of most towns you will find a Ombudsman. The office or post where he is situated is called the Municipal Office of Consumer Information (OMIC). They are independent legal councilors in each municipality and have the functions of informing, help and guidance to consumers and users for the proper exercise of their rights and, among other things can perform the following activities:
■ Receiving complaints and denunciations with regard to Consumer rights.
■ Inform the consumer of his/her rights.
■ Indication address other public or private organizations which could be of  interest to the consumer.
■ Information campaigns.
■ Inspection of goods and services for consumption or use..
■ Edit publications.
■ Organize and develop training courses for consumers.
■ Arrange activities between the educational system & the consumer.

I have used this service myself and have translated for many clients to bring a resolution with regard to consumer rights.

If you need help locating the Omic office in your locality or if you need a translation service to present your case then please contact me on 617354758 or email me on patrickvine63@hotmail.com

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Cheap rate electricity and hour change.

iberdrola-coches-electricosThe hour went forward o last night 30th of March at 2am. If you have a distinction rate contract with iberdrola then the cheap rate electricity comes on at 11pm until 1pm the next day. The more expensive rate is from 1pm until 11pm.

I have changed my meter to get cheap rate electricity in the mornings and with a few changes in lifestyle I have been able to reduce my bill by about a third. if you have a normal rate electricity contract ist is very inexpensive to change over and in my opinion worth while.

Please contact me if you need assistance in changing your electricity supply to cheap rate.

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