My name is Ask Spain

SPAIN AND THE LAW ON? EUROPEAN DRIVING LICENCES

Why do we not all come clean and say “what the heck is going on” I for one will no longer accept, without question the information coming from the various authorities and departments.  Read the last ruling and decrees in the BOE (State bulletin) and you, along with me and the departments who are there to ensure the law is approved and adhered to, and you will be as confused as the rest of us.

So, do we change our European licences once we become residents?  Do we stick to what we believe to be the European ruling, stating that we can legally drive in Spain on any European licence?  Do we look at Spain’s internal decrees and become even more confused?  Maybe we can listen to the differing advice from the traffic police.  One recently presented a traffic ticket to an expat for not carrying a medical certificate with his licence.  Should we now drive with an outdated medical certificate?  (Please disregard this advice.  These medical certificates can only be issued for up to three months for non Spanish permits).  We can also take advice from the numerous expatriate barstool legal experts, or we can choose to read a plethora of contradictory information in several of our local newspapers.  We could pay a visit to Trafico and accept that we can register our licence with them, (looks like the safest bet at present.  At least we can put the blame on them if faced with a hefty fine)

I revisited an office of a well established gestor of vehicles, to see if they could shed any light on this controversial matter.  They too had been in a quandary over the issue.  They asked the College of Gestores for advice and confirmation on the law relating to the use of European permits.  Below is the relevant part of the written response they received.  

“We consulted with the department of traffic several times over this issue.  There is an internal regulation but it is not in writing”.  The communication then follows to say:

That if a foreigner has been living in Spain for two years or more, it is mandatory that they redeem these permits and acquire the Spanish version.

It is also mandatory to redeem permits which are valid indefinitely

For expired permits it is also obligatory to make the change.

Read the above as you will.  To me the three points could have been made in one sentence.  (If you have been a resident in Spain for two years or more, you should change your licence for the Spanish version).

Until this is formally verified with the date and number of the relevant decree, we can say that we are none the wiser.  For those who wish to continue using their European licence (after all why call it such, if it is not valid in Europe).  Be prepared to take the matter up with your European MP, if you wish to argue this case if penalised on the highway. 

  

For once, I am not arguing with the authorities.  I take to my vehicle, content in the knowledge, that in my possession, I have a Spanish driving licence.

ARE FINES FOR TRAFFIC VIOLATIONS USED AS A MEANS TO REDUCE ACCIDENTS?

Drivers need to be even more vigilant on our roads during the Easter period.  Many of us live in tourist areas which means, that we can expect the customary increase in traffic on our roads during this season.  There will be an increase in radar points and speed control unmarked cars.  The aim is apparently to decrease traffic accidents.  It is advisable to respect the speed limits.

 There is a debate at present as to whether the increase in vigilance on our roads for traffic infractions, is more to do with the collection of funds than road safety.  This reasoning is based on the fact that where the most fatalities in road accidents occur, is where there is less, or zero radars.  These detectors appear to be placed in areas where it is more likely to ensure the collection of funds from fines.  

Adding to this theory, from the year 2010 the traffic police were subjected to new regulations.  This was based on a points system.  The individual Guardia Civil will receive for sanctions, one point for small vehicles and up to three for trucks.  Any of the traffic police who do not reach their quota, are subjected to a reduction of 210 00 euro’s from their salaries.  

The approximate amount of money collected annually from fines is the sum four hundred million euro’s.

YOU HAVE A BUYER FOR YOUR PROPERTY, BUT CAN YOU SELL?

 A number of years ago, I offered to take on the conveyance on the purchase and sales of properties in Spain, this at reduced fees.  When contracted by a client, we would firstly negotiate my fees.  I am learning that this is not a wise move on my part.  I would then commence on the process of submitting requests for the legal documentation required.  Sellers should be aware that the law insists that the real estate companies should, amongst other things, be in possession of the vital ‘nota simple’.  Unfortunately my services are called upon usually after; the two parties, (vendor and purchaser), with the help of the real estate involved have reached an agreement.

 What can go wrong?  Most appear not to read the ‘nota simple’.  This document is crucial.  You can of course check the details of the property on the title deeds.  This document will have been drawn up and registered, when the property was previously bought, by the now would be vendor.  Many years may have passed and the status of the property changed.  It is a very common occurrence, for owners to either expand their home or change the layout of the dwelling, closing in a porch or a terrace here and there, changing the basement to provide an extra bedroom or bathroom, built a swimming pool, extended the kitchen or lounge.  

 Do not be surprised if these works, which are sometimes carried out with the use of an architect, are then never legally registered.  The owners may have even taken out a loan on the property to pay for the works.  The title holders may have unknowingly incurred a debt and now have a charge on the property.

For all the reasons mentioned above, and many more.  It is imperative to obtain an up to date simple note (and that is exactly what it is) and study it.  When I request an up to date copy, I will often find that the details of the property inscribed, (excepting for the address) will have no relation whatsoever to the property the purchaser has viewed and decided to buy.  Take note; just because a property is registered with its title deeds, it does not follow that it is legal to sell or that the promoter had a licence to build it in the first place.  This usually relates to older second hand properties but now often includes new builds.

Outcome: If the detail on the simple note does not match the property exactly, I could and have been faced with what could have been a fait accompli but has normally resulted in that I find myself, taking on extra and time consuming tasks.  It is very important to understand that property holders affected can lose the sale.  The willing buyer, who may have paid a reservation fee on your property, can now go elsewhere, if you cannot remedy the discrepancies rapidly.  Remember, that the person who is acting on your behalf and in this case myself, will now be subjected to all types of bureaucracy and extra expense to find the correct and legal solutions and to put these into place, allowing you to complete the transaction.

Anyone who is considering placing a property on the marketplace should be aware of all these facts, before walking into the first selling agent’s office.

SELLING AN OLDER PROPERTY

Lawyers of purchasers of properties in Spain, will now amongst the other documentation, ask for a certificate of first licence of occupation.  This is normally available with some hard work, from your local town hall.  Information for older properties will not be available on the computer systems but in one of the hundreds of old archives.  If this relates to your property, you will have to furnish the relevant planning department of a history of the property going back to when and by whom it was built.  There will also be cases that some properties will have been built, without obtaining this licence.

EUROPEAN DRIVING LICENCE AND THE SPANISH VERSION

There was some panic on the Costa, as expatriates read various irresponsibly written articles, which were recently published in a few of our English language newspapers.  These apparently informative articles, with titles such as; ‘New European ruling,  a medical certificate must accompany your European driving licence to legalise the permission’  One of the authors was either lethargic or solely interested in sensationalistic titles, obviously without checking his or her information,  readers were provided with a link which lead them to the British embassy website.  Sigh of relief?  No wait for it, this link was supplying useful information from DVLA.  This is handy if you are living in the UK and you are seeking information regarding your British driving licence.  

Whatever the rules from Europe, Spain or any other European countries, the facts are confusing. Trafico have had to do their homework but do not appear to have the solution.  They too suggest that there is a law which agrees with the health test.  Until there is some logical and consensual information, my suggestion is that you either continue with your present licence or, (as the Spanish law states) ‘residents in Spain, must conform to Spanish laws’ this taken literally means, changing your permit for the Spanish equivalent.

Changing you licence is a simple process.  A Spanish model is very useful both relieving you of any problems with the traffic police and as an additional form of identity.  For those using addresses in the UK to continue to illegally renew their licences in the UK will find that this avenue will in time, be closed to them.  Please note; the official medical testing centres, will only provide you with a medical certificate valid for three months, this (where necessary) used to exchange your licence.  You will not be provided with a certificate for five or ten years. This is only available with a Spanish licence.  For those who have already taken a medical test, please check at the bottom of the certificate where you will see printed ‘caducado en tres meses’ (expires in three months).

NO LOSE SITUATION FOR LAWYER'S IN SPAIN

We had until a few years back, experienced long periods of what was commonly known as the second property boom.  Besides criminal and domestic affairs, Spanish lawyers were inundated with work.  Their potential clients were buying off plan, on plan and even no plan properties.  Then, the crisis was suddenly upon us and the need to employ legal assistance dried up for a while.  

Expats in Spain forum.

During this period, attorneys were still making a decent living, most reverting back to the type of cases that they had graduated from various universities to perform.  With the slump in the property market there was now a glut of unfinished, unpaid for and even illegal properties on the market.  

Many of the promoters and builders eventually disappeared.  Some were to commence building in other countries.  Others went underground for a while.  Several went bankrupt, only to start up again with new companies.  Only the minority, ended up in the courts. 

The dreadful news, that many purchasers were not going to obtain the properties, which were rightfully theirs, brought back the queues to the doors of the same lawyers who had acted for them in the past.  They would now be responsible for presiding over the claims to be put into the courts.  This, in order to try to recoup the massive payments made on the same properties, which they had assisted their clients to purchase in the first place.  These dwellings had either not been allotted to the rightful owners, completed, or were about to be embargoed by the banks.  For these very reasons, it has been a no lose situation for lawyers in Spain.

Be forewarned, if you are considering buying a foreign vehicle in Spain.  Vehicles such as cars of various types which are right hand drive can still be put onto Spanish plates.  Vehicles which are not manufactured in Europe, must meet the stricter regulations.  The law is different when it comes to larger vehicles.  Anyone considering purchasing a van or Caravan which is also right hand drive and registered abroad, should take note that they will not be able to register the vehicle with Spanish plates.  Although that there are expectations that this law is due to change this year.  We must be realistic and not anticipate this change to occur in 2013.