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Buying and selling property near military bases

Posted: Sat Jan 23, 2021 1:28pm
6 replies137 views2 members subscribed
Kimmy11

Kimmy11

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Hi all,

I know there's been some previous discussion on the forum about a certificate required for buying and selling property within the vicinity of Spanish military bases.  I couldn't find the threads in question, so I've had to start a new one, but hope this article from the Independent gives some helpful background:

https://inews.co.uk/news/world/law-under-general-franco-cause-delays-british-house-buyers-spain-839277?ito=twitter_share_article-top&s=03 

Kind regards, 

Kim

Nick55

Posted: Sun Jan 24, 2021 2:50pm

Posts: 52

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Joined: 13 Jul 2020

Posted: Sun Jan 24, 2021 2:50pm

Kimmy11 wrote on Sat Jan 23, 2021 1:28pm:

Hi all,

I know there's been some previous discussion on the forum about a certificate required for buying and selling property within the vicinity of Spanish military bases.  I couldn't find the threads in question, so I've had to start a new one, but hope this article from the Independent gives som...

More scaremongering by the toiletpapers. 

Kimmy11

Posted: Sun Jan 24, 2021 3:11pm

Kimmy11

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Joined: 8 Aug 2017

Posted: Sun Jan 24, 2021 3:11pm

Nick55 wrote on Sun Jan 24, 2021 2:50pm:

More scaremongering by the toiletpapers. 

Hi Nick,

On what basis do you assert this is "scaremongering"?

It's Spanish law, detailed in this extract from the European Land Registry Association, and only applies to UK citizens now, because our former status as EU citizens was relegated to Third County Nationals on 1 January 2021:

https://www.elra.eu/contact-point-contribution/spain/legal-restrictions-10/

"12th  March 1975 Law and 10th February 1978 Reglament: These limitations are only applicable to non EU members foreign investments.

* Immovable properties in National Defence Interest Zones cannot be acquired without a previous authorization of the Ministry of Defence.

* Immovable properties in Restricted Areas (any Spanish island, Strait of Gibraltar, Portugal or France borderland, Cartagena, Galicia and Cádiz Bay) cannot be acquired, even mortis causa, without a previous military authorization."

Some purchasers have already reported that their lawyers have very recently made them aware of this (new to UK citizens) requirement.

Regards,

Kim

Socym

Posted: Sun Jan 24, 2021 4:40pm

Socym

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Posted: Sun Jan 24, 2021 4:40pm

Just wondering what next, if the Spanish move the goal posts on the 90/180 days to 90 in a year, then it's going to have a real backlash I fear. No point in keeping a second home for just 90 days a year may as well rent somewhere. In the long term if they go ahead with this, I can see many British second home owners selling up. Portugal appears to be putting the welcome mat out, and not throwing a wobbly over Brexit can see a few considering that option. I do hope Spain reconsiders this move. 

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Nick55

Posted: Sun Jan 24, 2021 6:30pm

Posts: 52

25 helpful points

Joined: 13 Jul 2020

Posted: Sun Jan 24, 2021 6:30pm

Socym wrote on Sun Jan 24, 2021 4:40pm:

Just wondering what next, if the Spanish move the goal posts on the 90/180 days to 90 in a year, then it's going to have a real backlash I fear. No point in keeping a second home for just 90 days a year may as well rent somewhere. In the long term if they go ahead with this, I can see many Britis...

...h second home owners selling up. Portugal appears to be putting the welcome mat out, and not throwing a wobbly over Brexit can see a few considering that option. I do hope Spain reconsiders this move. 

This law does not apply to cities, towns or villages. The 90 day stay out of 180 rule is an agreement between Spain and Britain which was enabled long before British membership of the EC and is not affected by brexit.

Kimmy11

Posted: Sun Jan 24, 2021 7:55pm

Kimmy11

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Posted: Sun Jan 24, 2021 7:55pm

I circulated this article as an explanation of the military certificate issue that has been raised in other threads.  

Personally, I dismissed the final paragraph as the all too familiar, Spain-centric comment from a native who can't see beyond Spain's residency laws, either ignoring or not being aware of UK citizens' rights, as Third Country Nationals, to visit the Schengen travel zone for 90 days in 180 rolling days, allowing a total of 180 days per year, not only the 90 days stated.  While not relevant to the purpose of my original post, here is confirmation:

https://www.gov.uk/visit-europe-1-january-2021

"Visas for short trips: you do not need one if you’re a tourist

"If you’re a tourist, you do not need a visa for short trips to most EU countries, Iceland, Liechtenstein, Norway and Switzerland. You’ll be able to stay for up to 90 days in any 180-day period."

Kind regards,

Kim


Kimmy11

Posted: Mon Jan 25, 2021 10:51pm

Kimmy11

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Posts: 6869

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Posted: Mon Jan 25, 2021 10:51pm

Hi Socym, 

Following your post, I emailed inews to complain about the misleading quote with which they finished their article.  I'm pleased to say that they responded very quickly, confirmed that they have amended the article and apologised for the error.

As I said previously, I gave that final sentence no credence, but you and others did, so I thought it important to address it with inews - please see below a copy of their response to me.

Kind regards,

Kim




From:   Andrew Webster <[email protected]>16:09 (5 hours ago)

Reply:  to me

Hello,

Thank you for getting in touch regarding our report published on 22 January – ‘Law brought in under General Franco could cause delays for British house-buyers in Spain’.

I have instructed our online team to amend the report published on the website immediately.

I have also checked the report that we printed in the newspaper. This does not include the misleading paragraph that you highlighted.

We take complaints very seriously and we are sorry for the error.

Yours sincerely,

Andrew Webster

Deputy Editor

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