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  • Finaes/Penalties
  • Cost of setting up a mortgage
  • Rent
  • Scams
  • Nationality


When to appeal against a penalty?

The penalty must be notified within one year from the date in which the offence was committed. Once the first penalty notice is issued, you may either pay the fine within 15 days and be subject to a 50% discount rate, or start the pertinent appeal process if you consider the fine as unfairly of illegally served. In case that you decide to challenge the penalty notice, we recommend you seeking legal advice and assistance on the procedure. If you decide to turn to MUÑOZ MENA ABOGADOS we will assess your circumstances and we will inform you of the necessary steps to follow for its processing.

If i live in a city in which MUÑOZ MENA abogados does not have a physical office, can they appeal and process the penalty?

Yes. In the first instance, we would act through administrative channels, by writing a plea letter directed towards the sanctioning body. Once we receive a decision, in the case of a negative response, we could appeal again to the superior administrative sanctioning body. If the appeal is rejected again, the only way would be appealing through a fair trial.

How long does this procedure take?

With the establishment of the new regulations, the procedure to impose the penalty must be completed within a maximum period of a year, in contrast to the 6-month period stated in the previous regulations.

Is there any way of avoiding paying a penalty?!

The only reason for which someone can elude to pay a penalty is, in first place, the expiration of the penalty. A penalty is considered to be unprosecutable when the period of one year or more elapses between the day in which the offence was committed and its notification. In that case, the action had expired and you do not have the obligation to pay.

The avoidance of the collection of the notification is not a way of alluding paying the penalty, since the penalty would count as notified through its publication in official bulletins or edicts.

The best strategy to avoid paying the sanction is to exhaust all possible administrative resources in order to avoid the confirmation of the sanction within the established period of one year, and thus, it can be considered as unprosecutable.

What are the reasons for which i should appeal against a penalty?

The importance of challenging a fine lies in the meaning behind the procedure. Challenging a fine means disagreeing with unfair situations, and it is another way of expressing our disagreement with politics in which fundraising interest take precedent to resocialising aims.

Cost of setting up a mortgage

What costs can i claim?

  • Notary fees resulting from the formalisation of the mortgage loan deed.

  • Property Registration fees derived from the registration of the (mortgage) charge in favor of the financial institution in question

  • Documented Legal Acts taxes.

  • Administrative expenses arisen from the registration of the mortgage in the Property Registry, as well as for the tax settlement and presentation in the pertaining office.

In all cases, we must distinguish between the expenses from the mortgage loan and the ones derived from the purchase-sale transaction.

What if the supreme court declares as abusive the clause that imposes all the expenses to the borrower (contracting part)?

The Supreme Court is the highest court in Spain. It exerts the important function of complementing the legal system by interpreting and applying the law. It has a fundamental advantage which means that its criteria can be used by other bodies. For Thus, a clear doctrine of this Court provides an important foreseeability of the resolution.

Regarding the concerning subject, the sentence of December 23, 2015 states that “with respect to the formalisation of notarial deeds and their registration (necessary for the constitution of real guarantee), both the fees of notaries and the registrars of property, attribute the obligation of payment to the service applicant or to the person in whose favour the right is granted. And the person who has the main interest on the documents and registration of the deed of the mortgage guarantee is, doubtlessly, the moneylender, so in this way they obtain an enforceable title, constitute the real guarantee, and acquire the possibility of special execution”.

What documents should i review?

  • A copy of the mortgage deed.

  • Itemised bills of notary, property registration office and administrator.

  • Self-liquidation of the AJD (Tax on Documented Legal Acts).

  • Administrative expenses for the processing of the registration of the mortgage in the Property Registry, and for the settlement and presentation of the tax in the corresponding office.

What should i do if i have already covered all the costs?

From MUÑOZ MENA ABOGADOS we remain at your disposal to make the claim and to recover the costs related to the formalisation and registration of your mortgage loans.


What can i do if the tenants do not pay?

Firstly, you should try to reach an agreement. If this does not work, it is best to send a written request and certified copy by certified fax. It is recommended that these documents are drafted and signed by a lawyer. If you resort to MUÑOZ MENA ABOGADOS, we would assess your situation and draft the corresponding documents, as well as make the claim before the Court of First Instance, once the established time has elapsed.

What are the guarantees that i can demand from a future tenant?

Apart from presenting their payslips and long-term contract, there are other two habitual instruments: deposit and guarantor. In any case, the best option is to get professional advice. From MUÑOZ MENA ABOGADOS it would be a pleasure for us to review the contract clauses and process any issues that could arise with the tenant.

What repairs am i not obliged to do?

According to Art 21.4 de la Ley de Arrendamientos Urbanos (Urban Tenancy Act), you are not obliged to cover those repairs that are a result of the wear and tear of the ordinary use of the dwelling. The landlord has the obligation to cover all other repairs, including ensuring the general habitability of the dwelling.

What does a lease require to be valid?

The Urban Tenancy Act considers verbal contracts as valid. However, they are inadvisable in practice, due to the risks that they entail. Initially, every contract containing clauses and renting conditions, and it is accepted by both parts with their signatures in all the pages is considered valid.

Who covers service charges?

According to Art 20 de la Ley de Arrendamientos Urbanos (Urban Tenancy Act), the tenants would cover those, only if previously agreed in the contract.


Can i report a scam of less than 400 euros?

Yes. It is currently treated as a crime, so you could report it to the police, judge on duty, or public prosecutor.

If i make an online purchase and it is a scam, what do i need to present together with the report?

Firstly, you need to bring your ID and all the possible information about the scammer and/or seller, and about the purchase. Bring a copy of the transference or payment, screenshots of emails, copy of the advert, etc. If you are not able to identify the person, in theory police could do it, however, it makes the process more complicated. Thus, the most appropriate step is to seek legal advice, in order to get information about the pertinent proceedings to identify the scammer. In MUÑOZ MENA ABOGADOS, we will review your case and we will inform you of all the possible options to elude the impunity of the scammer and be able to recover the money.

Do i need a lawyer?

No, since by reporting it to the police you have informed the authorities of the existence of a criminal act that must be prosecuted. However, in accordance with the current law and the court congestion, either the facts and the authors presented are concrete or the case is filed, especially if it is reported to the police, since the police does not have the obligation to refer the case to court. For all these reasons, it is most advisable to seek legal advice and write a complaint in legal terms, making the judge’s job easier and preventing the case closure. If you turn to MUÑOZ MENA ABOGADOS, we will assess your situation and the chances of success, we will inform you of the steps to follow, as well as carry out the necessary procedure


What is the procedure? How can i apply?

It is an online procedure, which speeds up the application process. The applicant will be notified about the decision in a maximum period of one year from the date of the application.

If i live in a city in which muñoz mena abogados do not have an office, can they process the spanish nationality application for me?

Yes. Due to the telematic nature of the process, in MUÑOZ MENA ABOGADOS we can present the application even if you live in a different city.

Do i need a certificate that proves a basic knowledge of spanish language?

Yes. Spanish nationality applicants may prove their basic knowledge of Spanish by presenting the pertinent official certificates (issued by the corresponding Educational Authority) to the Instituto Cervantes. In addition to this, you must obtain another certificate from the Instituto Cervantes proving your constitutional and sociocultural knowledge of Spain. Both certificates imply additional costs. These conditions do not apply to those under 18 years of age.

Do i need to pay a fee?

Yes, you must pay a fee in order to start the Spanish nationality application. The fee may be paid directly by you, or by your representative, prior completion of the payment form.