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What’s the difference between a gestor, a lawyer and a notary in Spain?

It’s impossible to live in Spain and not have to deal with its often frustrating bureaucracy, and for that you’ll usually need professional help. So for which official matters should you hire a gestor, a lawyer or a notary? What can they do and not do?

What’s the difference between a gestor, a lawyer and a notary in Spain?
When do you need a gestor, a lawyer or a notary in Spain? Photo: Pavel Danilyuk / Pexels

Gestor (Agent)

There isn’t a direct translation for this type of job in English, mostly because it doesn’t really exist in many other countries. If you look up the meaning of the word gestor, you’re likely to get several different answers, from administrator or adviser to accountant. Essentially, their roles include a bit of everything. They are slightly different from an asesor or asesoría, however, who is similar to a consultant and can advise you on business or financial matters – depending on what they specialise in. 

What can they do?

Gestores are usually the first person you’ll contact when you have to go through a bureaucratic process in Spain. They can help you with residency processes when you first move here and make sure you’ve got all the correct documents together. If you want to buy a second-hand car here from someone for example, they are several legal documents that need to be completed, which a gestor can help with.

READ ALSO: What does a ‘gestor’ do in Spain and why you’ll need one

The most common reason that you’ll need a gestor, however, is to file and submit your taxes. The tax system is so complicated in Spain that many people don’t even attempt to fill out the returns on their own.

If you are self-employed or autónomo, you’ll need to use your gestor a lot. They can help you register to become self-employed and submit your returns for you each trimester. There are also many legal questions to do with being self-employed that you’ll find you need to ask on a regular basis. You can also use an asesor fiscal to help you with your accounts and tax returns.

What can’t they do?

A gestor doesn’t have the same power as a lawyer, they cannot represent you in court or defend you in legal matters. They also can’t deal with matters such as divorce proceedings or custody agreements.

Lawyer (Abogado)

A lawyer in Spain is essentially like a lawyer in most countries around the world. They are legal professionals who know the ins and outs of the law in Spain, and sometimes other countries too. They also take on some of the roles that solicitors do in the UK such as helping you to buy a property. 

What can they do?

Lawyers can legally represent you on many different matters and if you get into any trouble with the law, they can also defend you in court. You might contract a lawyer if you’re planning on buying a property in Spain. While it’s not absolutely necessary, it’s a good idea to hire one when you’re buying a house, particularly when you’re not familiar with the process here. They can make sure everything is legitimate and that you have all the necessary documents in place. If you get one that speaks English, they can also guide you through all the Spanish terms. Lawyers can also help with visa applications and residency processes, and as mentioned above – divorce settlements and custody battles.

What can’t they do?

While some law firms may have accountancy and tax services, they are not usually the ones who will submit your returns for you – this falls to a gestor as above. You may, however, want a lawyer if you have a complicated tax issue to do with fiscal residency or similar.

They are some contracts and legal documents that a lawyer also cannot oversee – this falls to a notary instead.

Notary

The role of a notary in Spain is to advise and oversee the signing of contracts, notarial deeds and acts of legalisation. Notaries are not used on a regular basis like a gestor, or over a specific period of time, like a lawyer. Instead, you’ll probably only need to go and see a notary once for each process. Notaries only act on behalf of the law, they do not act on behalf of a client like a lawyer or a gestor.

What can they do?

If you’re buying a property in Spain, then you and the seller will have to meet in front of a notary to sign the official deeds, even if you have also hired a lawyer. Your lawyer will likely go with you to the signing. The notary will then log this in the public registry. This is usually the last step in the house-buying process in Spain.

You may also need a notary if for example you are lending someone a large sum of money and you want to work out a payment schedule and what will happen in the case of non-payment. In this case, your contract or agreement will need to be signed in front of a notary.

READ ALSO: How interest-free loans between family members work in Spain

What can’t they do?

You can’t usually meet with a notary to ask them for legal advice. They will be hired for one specific purpose only. They can’t legally represent you and they can’t help with residency processes or taxes. 

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For members

LIFE IN SPAIN

EXPLAINED: How to buy a boat in Spain

Considering buying a boat to enjoy life to the fullest in Spain? Here's a breakdown of costs, legal requirements, financing options and useful tips to factor in before purchasing a bowrider, a day sailer, a yacht or any other 'barco'.

EXPLAINED: How to buy a boat in Spain

Spain has around 8,000km of coastline, and access to the Mediterranean, Atlantic, and Bay of Biscay. For boat enthusiasts, you’re spoilt for choice in Spain.

But it’s not just as simple as picking out a boat, buying it and setting off into the ocean.

There are several decisions you’ll need to make first, rules to follow, administrative hoops to jump through, and then maintenance costs on top of that.

Types of boats

The first thing you’ll need to consider is the type of boat you want to buy.

Generally they can be split into two broad categories: motor boats and sailing boats.

Motor boats are the most popular type of boat sold and offer the greatest variety of options because they include pretty much everything from smaller more affordable power boats to huge luxury yachts.

As such, you could get a smaller motor boat, say for day trips of fishing on the coast, for as little as €10,000, whereas yachts, as you can imagine, can cost millions, depending on the size, power, design and quality of the boat.

According to several Spanish maritime sources, buying a used boat that you can live on in Spain can cost anywhere between €13,000 and €150,000.

Spanish website topbarcos.com has hundreds of boats listed for you to get an idea of what’s available in the second-hand market, as well as a page for new vessels.

Sailing boats are the more environmentally friendly option and require the most skill to sail, and include light sailboats, catamarans and trimarans. Again, prices vary from €5,000 to over a million, depending on the size, type of sail, material and quality of the boat.

Once you’ve decided on the type of boat you want and found one you’d like to buy, you’ll need to consider any potential legal requirements.

A woman sits next to a yacht in Puerto Banús luxury marina in Marbella. (Photo by JORGE GUERRERO / AFP)

What are the legal requirements when buying a boat in Spain?

  • The correct nautical qualifications for the type and size of the boat you want to buy. There are different types of nautical licences to sail different boats in Spain, such as the PNB (Basic Navigation Skipper), the PER (Recreational Boats Skipper), the PY (Yacht Skipper) or the CY (Yacht Captain). Each has specific limitations in terms of length, power, distance from the coast and the type of sailing you can do.
  • Compulsory civil liability insurance that covers possible damages that you may cause to third parties with your boat.
  • Have all the necessary documentation for the boat, such as the certificate of seaworthiness and (essentially an MOT for the boat, showing that it’s in working order) and the navigation permit.
  • You’ll also need to pay the corresponding taxes on the boat purchase, such as VAT (21 percent), the special tax on certain means of transport (12 percent) or the transfer tax (4 or 6 percent, depending on the region).

READ ALSO: How do I get my boat licence in Spain

What other factors should you keep in mind before buying?

Think about what type of navigation you want to do, how often, with how many people and what your budget is. 

Don’t go with the first boat you see. Search and compare different models, brands, prices, conditions etc and don’t forget to keep an eye out for scams.

It’s a no-brainer but try the boat before you buy it, don’t just rely on photos or descriptions. Request a test ride to check the condition and navigational operation of the boat. 

If you do not have much experience or knowledge of nautical matters, it’s advisable to hire a professional to accompany you throughout the purchasing process. It could help you avoid possible legal, technical or administrative problems that arise.

They will also assist you with checking the condition of the boat’s interior: the carpentry, the engine, the electrical installation, the tanks, bilge, kitchen, bathroom and other compartments.

Here is a list of dozens of Spain-based brokers (as they’re called) or nautical companies that can assist you. 

Crucially, they will also be able to give you an informed assessment of what price you should be paying for the boat you’ve chosen. 

How can you pay for a boat?

Unless you have enough disposable income to pay for it cash, you probably want to know what kind of financing is available to you. 

There is the nautical mortgage (hipoteca náutica), which mimics the system for property mortgages, including the need for a down payment and embargo conditions in non-payment situations. 

Nautical credits (Créditos náuticos) also exist, which again are not too different from regular loans, including fewer notary costs than nautical mortgages and fixed interest rates. 

And lastly, nautical leasing is also an option, which is when a company acquires a boat and rents it to a customer for a certain period of time (normally between 4 and 15 years) and usually with an option to buy at the end of the contract.

Don’t forget the upcoming maintenance costs

If you manage all that and buy the boat, you’ll need to maintain the boat and pay costs to do so. These include:

The mooring: ie. the place where the boat is left when it is not in use. The price of mooring depends on the size of the boat and the location of the port. It can range from around €100 per month to several thousand.

However, be warned, in Spain these aren’t easy to come by. The Association of Industries, Commerce and Nautical Services (ADIN), estimates that Spain has only 107,894 moorings for 229,000 boats.

You’ll also need to pay for periodical technical checks that must be carried out on the boat from time to time to check its condition and operation. Again, the price depends on the type and size of the boat and the services contracted. It can vary from around €200 euros to several thousand.

Regularly cleaning the boat to avoid dirt, rust, algae, and parasites damaging the boat can also be quite costly. It can vary from as little as €50 for smaller boats to several hundred for bigger ones, and most experts recommend it should be done every 4-6 weeks.

READ ALSO: How to live on a boat in Spanish waters

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