We are experts in all the legal aspects related to real-estate development and construction. Our clients include developers, contractors, subcontractors and end clients, whose interests we protect in order to comply with or enforce compliance with the laws regulating the property industry and contracts entered into between parties.
Any construction project in Spain involves various public bodies and private-sector actors: developers, architects, quantity surveyors, local councils, builders, contractors, subcontractors, banks and financial institutions, social security, tax authorities, insurance companies and, of course, buyers. Each is subject to specific legal regulation.
For example: the developer buys land and sells the project; the architect is responsible for design and drafting; the surveyor for technical management and supervision; the local council grants the licence and is responsible for overseeing construction; the bank provides financing to cover the costs; the construction company or contractor builds and can delegate execution of certain items to another subcontractor; and the Social Security carries out inspections to ensure safety measures are complied with.
Once the construction is finished, the developer declares the new building built and divides it horizontally; the end-client buys the property already built or off-plan; an insurance company guarantees investments, if the purchase is off-plan; and the Tax Agency collects the corresponding taxes (VAT, ITP, Tax on Installations and Works, IAE). If problems arise, the buyer can claim for repairs from the agents involved in the construction and their liability insurers.
Martos & Gross provides the following services, among others:
- Supervision of agreements to purchase land.
- Negotiation and contracting of financing (mortgages, loans) from banks and financial institutions.
- Guarantees for payments advanced by purchasers (guarantees or policies), in accordance with the LOE (Spain's Building Law).
- Advice on obtaining construction permits and payment of taxes.
- Contracting architects to draw up projects and quantity surveyors to manage the work.
- Contracting construction companies to carry out building work.
- Monitoring the correct execution of contracts, until work is completed.
- Execution of deeds of new construction and, if applicable, of horizontal division.
- Supervision of the declaration of responsibility to obtain the licence of first occupation.
- Drafting of statutes to regulate the future community of owners.
- Granting of deeds of sale to third parties.
- Defence against or claims for liability for poorly executed work or badly designed projects.
