GIPE Newsletter 7 October 2024

LEASES:

YOU HAVE REGISTERED YOUR LIMITED COMPANY IN THE RENTED PROPERTY

The case in which a tenant registers the address of a rented property as the registered office of a company. According to the courts, this fact alone does not allow the owner to terminate the lease agreement, unless:

• The company actually occupies the property and carries out its activities there.
• The owner can prove that there is a real occupation.

The same applies if it is a commercial premises: the simple registration as a registered office does not imply a transfer of the property.

OWNERS’ ASSOCIATIONS:

WHERE IS THE BUILDING BOOK?

The management of a newly created owners’ association that does not have the building book. The communities have the right to receive this book from the developer upon completion of the work and must update it and make it available to the co-owners. The building book contains important documents on the construction, such as plans, projects, budget and minutes. The following stand out:

• A certificate of acceptance of the work, which marks the beginning of the guarantee periods: 1 year for finishing defects, 3 years for habitability defects and 10 years for structural defects.
• List of the participating agents, useful for identifying who to claim in case of defects.
• Instruction and maintenance book for the building and its facilities.
  

MORTGAGES:

MORTGAGE COSTS: END OF THE DISCUSSION

The discussion on the period for those affected to claim the return of the costs of setting up the mortgage unduly paid. While the banks argued that the claim expired five years (ten in Catalonia) from the signing of the mortgage, the judges believed that the period should begin when the consumer knew that the clause was abusive. The Court of Justice of the European Union resolved the debate, establishing that the prescription period begins to count from the date on which the sentence declaring the clause abusive is final.

GIPE: Together we will be stronger