Best Commercial Real Estate Lawyers in Maspalomas

1. About Commercial Real Estate Law in Maspalomas, Spain

Commercial real estate law in Maspalomas covers buying, selling, leasing and developing business properties within the municipality of San Bartolomé de Tirajana. The local economy, driven by tourism, means many storefronts, hotels and offices require careful legal oversight for permits, leases and compliance. A local abogado or solicitor with Canary Islands experience can help navigate both national and regional requirements.

Key topics include due diligence on property titles, lease negotiations for retail in tourist zones like Playa del Inglés and Meloneras, and ensuring licenses and alterations comply with urban planning rules. The interplay between national Civil Law and regional planning rules affects every stage of a commercial real estate transaction. Engaging a local legal counsel helps you align your objectives with the applicable regime and timeline.

2. Why You May Need a Lawyer

• Negotiating a retail lease for a high-traffic tourist area. In Maspalomas, lease terms for shops and restaurants near the beach promenade can include escalators, service charges and permitted hours. An abogado can review rent indexation, repair responsibilities and renewal options to protect your position.
• Performing due diligence before purchasing a hotel or commercial building. Due diligence typically involves title verification, mortgage encumbrances, and verifying licenses and operating permits. A lawyer ensures the property has clean title and no hidden liabilities that could affect your plans.
• Obtaining or updating local licenses and permits. Opening a new cafe or boutique requires activity licenses and compliance with municipal norms. A legal professional helps prepare applications, respond to objections and coordinate with the Ayuntamiento for timely approval.
• Resolving disputes with landlords or neighboring businesses. Rent arrears, repair obligations, or permission to modify premises often lead to court or arbitration. A solicitor can prepare notices, negotiation briefs and, if needed, court filings in Maspalomas.
• Planning and implementing alterations or expansions. If you plan to alter a shop layout or add signage, you must align with urban planning controls. A lawyer helps you obtain licenses and avoid later enforcement actions.
• Conducting property acquisitions for hospitality or commercial use. When buying a business property, you need careful review of leases, existing encumbrances and tenancy rights of current occupants. An abogado ensures a clean transfer and risk mitigation.

3. Local Laws Overview

Commercial real estate in Maspalomas is shaped by national civil law, the main urban tenancy framework, and local planning rules. The following are commonly applicable under current practice.

• Ley de Arrendamientos Urbanos (LAU) - The principal framework for leases on urban properties, including commercial premises. It governs contract formation, duration, renewal, deposits and remedies for breach. See the consolidated text available from official sources for current provisions and amendments.
• Código Civil - Governs contract formation, property transfers and general obligations, including sale and purchase agreements of commercial property. It is the foundational source for property rights, transfer formalities and contractual duties.
• Plan General de Ordenación Urbana (PGOU) de San Bartolomé de Tirajana - Local urban planning regulation applicable to Maspalomas. It sets zoning, building permissions, floor area limits, signage and change-of-use rules that affect commercial premises. Local updates may occur through municipal revisions and regional guidance.

“The Law of Urban Leases governs most contracts for urban property, including commercial premises, and sets out renewal regimes and deposit requirements.”

“The Civil Code provides the framework for property transfers and obligations arising from contracts, including sale and lease agreements.”

“Local urban planning regulations, such as the PGOU of San Bartolomé de Tirajana, determine land use and licensing requirements for commercial projects.”

4. Frequently Asked Questions

What is LAU and how does it affect my Maspalomas lease? LAU governs the terms, renewal options and deposits for urban leases including commercial spaces. It helps balance landlord and tenant rights in tourism-driven areas.

How do I start hiring a commercial real estate lawyer in Maspalomas? Gather property details, targets and budget. Contact local abogados (abogados) with Canary Islands experience for an initial consultation.

What should I review in a commercial lease before signing? Rent, service charges, duration, renewal rights, permitted uses, and maintenance obligations should be checked carefully.

When can I terminate a lease in Maspalomas and what penalties apply? Termination rules depend on the lease term and LAU provisions, plus any negotiated clauses. A lawyer clarifies lawful grounds for ending early.

Where do I file disputes about premises in Maspalomas? Disputes can be addressed through mediation, arbitration or local courts, depending on the contract and leverage of the parties.

Why is due diligence essential before buying a hotel property? It uncovers encumbrances, licenses, leases, and compliance gaps that could affect value or operation.

Can I negotiate rent adjustments for a tourist season in Maspalomas? Yes, rent escalation and seasonal adjustments can be negotiated as part of the lease terms.

Should I use a local solicitor or a national firm for CRE matters? A local solicitor with Maspalomas and Canary Islands experience offers insight into municipal licensing and PGOU nuances.

Do I need a notary or procurador for a commercial real estate transaction? Not always, but many property transfers require notarization; a procurador can assist in court processes if needed.

Is it possible to convert a retail space to a different use in Maspalomas? Conversion depends on zoning and PGOU rules; you may need licenses and environmental checks.

How long does it typically take to close a commercial property deal in Maspalomas? A straightforward lease or sale can take 4-8 weeks, while complex hotel deals may take 3-6 months.

5. Additional Resources

• Gobierno de Canarias - Official portal with information on urban planning, housing and regional regulations affecting property in the Canary Islands. https://www.gobiernodecanarias.org
• Ayuntamiento de San Bartolomé de Tirajana (Maspalomas) - Local licensing, planning and business permit information for commercial premises in Maspalomas. https://www.sbt.es

6. Next Steps

1. Define your objective and timeline. Write down whether you want to rent, buy, or redevelop a property in Maspalomas, with a target date for completion.
2. Gather key documents. Collect title deeds, current leases, property registry extracts, licenses and a current plan of the property.
3. Identify a local commercial real estate lawyer. Look for someone with Maspalomas experience, a track record in retail or hospitality projects, and clear fee structures.
4. Schedule an initial consultation. Prepare a concise summary of your objectives, budget and any urgent deadlines or permits.
5. Obtain a written scope and engagement letter. Confirm who will handle due diligence, negotiations and any court filings, plus estimated costs.
6. Start due diligence with your lawyer. Review title encumbrances, existing leases, licenses and any municipal requirements.
7. Negotiate terms and prepare draft agreements. Your lawyer should coordinate with the seller or landlord to ensure clear obligations and protections.