Posted in: Legal
Update July 2021 – This article now no longer applies to urban land, only rural land or property being purchased by non EU citizens. Please contact us for further information as to whether the law applies to you.
Something that many clients will have seen reference to recently on social media and in the news is the mention of Military Certificates or Authorisations. This is something that has become relevant now to the British after Brexit as they are non EU citizens. It is because there is a historic law from 1978 that states that new owners of properties in certain zones must have military authorisation.
It is applicable for non-European citizens, thus it means, for the British from 1st of January 2021.
It is applicable in Orihuela Costa, San Miguel, San Pedro, San Javier, and some other areas close to San Javier Military Area. There are many other areas in Spain also where it is applicable so it is best to check with us (Ibiza, Mallorca,….)
It is applicable when buying or purchasing a property as you become an owner of property. Also in donations or gifting, because the person who is gifted the property becomes an owner.
In addition, unfortunately when someone has passed away and an inheritance or probate is being done, it also applies if the beneficiaries become owners of property. However, it is not-applicable for probates when the person died before 1st of January 2021 (as this was pre-Brexit).
It is also applicable when purchasing and building new constructions after 1st of January 2021.
It is not applicable if you are renting property or originate from an EU country. There are some other special cases where the military certificate is not required. We can inform you if required when it does not apply.
We can help you to obtain this Military permission. If you are resident in Spain, we need to advise you that you need the new TIE card (which replaced Residencía and it is apparent will become required more and more) to obtain your criminal records in Spain, needed for this process. We also need the information of the property (title deeds, SUMA/IBI council tax bill).
If you are non resident in Spain, you will need criminal records from UK translated and apostilled with a Hague Apostille, NIE legalised (Hague Apostille), copy of the passport (all pages) and the information of the house (title deed, SUMA), as above.
Please ask us if you have any queries to do with Military Authorisations or Certificates.