Lawyers throughout the world are often criticised for using
words which make no sense to anyone other than fellow lawyers.
This was previously the case although there has been a move in
the UK towards using ‘plain english’ and removing the
now antiquated terms. It occurred to me that many British people
might understand the various legal processes here in Spain a little
better if a simple translation of the Spanish legal terms were
provided. Hopefully the below list goes some way to achieving this.
Abogado - Lawyer. That’s an easy one which
most people know already.
Acta - A document signed before a Notary when
adding a property to the land register.
Agrupacion – The process of combining various
plots of land.
Arras – Deposit – Commonly appears
in a rental agreement so check whether it is returnable or not.
Boletin de enganche - Certificate provided by
an electrician who has the necessary Spanish qualifications.This
certificate is a precondition for getting access to electrical
power, and is essential when purchasing off-plan.
Certificado final de obra – Official certificate
from an Architect confirming the building work has been completed.
Colegio oficial de arquitectos – Professional
body which governs the conduct of architects.
Communidad de propietarios - Community of owners
in an urbanization, similar to a Management Company in the UK.
Contrato de arrendamiento - Rental contract.
Contrato de opcion - A contractual option that
may be exercised at a future date.
Copropietarios - Co-owners.
Declaracion de obra nueva - A deed signed before
a Notary confirming the construction of new buildings. This may
need to be done where an Escritura is out of date.
Embargo - Seizure or legal charge. Important to
check whether land or property has an embargo registered against
it.
Escritura - A certificate of purchase issued by
a Notary.
Fianza - Security bond or deposit – once
again important to check whether this is returnable or not.
Finca – Plot of land, either with or without
buildings.
Hacienda publica – Tax office
Hipoteca - Mortgage.
I.B.I – Local real estate tax, often incorrectly
referred to as the Suma tax.
Impuesto de actos juridicos documentados - Stamp
duty.
Impuesto de transmisiones patrimoniales - Transfer
tax (currently 7% subject to certain exceptions) of the amount
declared in the escritura.
Impuesto sobre el patrimonio - Wealth tax.
Impuesto sobre sucesiones y donaciones - Death
duty and inheritance tax.
Impuestos municipales - Municipal or local taxes.
IVA (Impuesto Sobre el Valor Anadido) - Value
added tax which varies according to the service provided or goods
sold.
Licencia de obras – Permission to commence
building – essential when purchasing off-plan.
Memoria de Calidades – Detailed building
specifications.
NIE (Numero Personal de Indentificacion de Extranjero) – Similar
in some ways to a National Insurance number in the UK. Essentially
a tax identification number for foreigners.
Nota Simple Informativa - Land registry entry
showing ownership and charges. A copy of an Escritura is not proof
of current ownership.
Parcela - Plot of land.
Permiso de obra menor - Permission for small construction
works.
Plan parcial - Partial development plan of a community
or urbanisation.
Planta - Floor (i.e. in an apartment building).
Plus valia – A local tax calculated with
reference to the increase in a property’s catastral value.
Usually paid by the vendor.
Procurador – Similar in some ways to a barrister
in the UK although without the silly headgear. The Procurador ensures
that the court formalities are complied with, but takes a back
seat role during the court hearing.
Propietario - Owner of property or possession.
Registro de la propiedad - Land registry (divided
into many different sub registries).
S.A. (Sociedad Anonima) - Public limited company.
S.L. (Sociedad Limitada) – Private limited
company.
Separacion a linderos - Minimum distance between
neighbouring properties.
Servidumbre de transito – To use the old
English term ‘Easment’ - Right of way/access rights.
Solar - Plot.
Suelo no urbanizable - Land protected from building.
Suelo urbanizable - Land that can be built on.
Suelo urbano - Urban or built up land.
Topografo – Land Surveyor
Traspaso - transfer of rental or lease contracts – commonly
in respect of an established business. Care needs to be taken to
ensure that the purchaser is not simply paying a large sum to take
on a new lease.
Valor catastral - value of property as determined
by the Catastro office.
© Sleepwell Marketing S.L.. 2005 – All rights
reserved.
Information courtesy of Marc
White LL.B. (English Solicitor) - Visit homepage
If you have any questions
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