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What is Military Authorization

Posted by Michel B. on 28/01/2021

It only affects non-EU foreigners (even if they reside in Spain) and it is not usual, however, in certain areas, the acquisition by them of real estate or real rights requires prior and inexcusable military authorization in this regard. In Torrevieja and Orihuela there are certain areas with such restrictions, ask for prior information. It is regulated in Law 8/1975 and its Regulations approved by RD 689/1978. It is a restriction that seems obsolete in current times, but it is fully in force and must be taken into account because its effects may prevent the sale to a non-Community.

Said regulation says in its article 40. 1. “For the purposes established in the previous articles, the Notaries and Property Registrars must demand from the interested parties the accreditation of the opportune military authorization, prior to the granting or registration, respectively, of public instruments relating to acts or contracts for the transfer of ownership or constitution of rights real to which these precepts refer. “In other words, authorization is always prior to writing.

It is a case of mandatory registration and within a period because art. 41-3 establishes “. The lack of registration of the indicated titles that are granted as of the entry into force of this Regulation, within the eighteen months following their respective dates, will determine the nullity of the aforementioned acts and concessions, of which the authorizing Notaries must give express warning in the corresponding deeds. “

In other words, a repeat sale could even be required if that period elapses. And so it is established by the General Directorate of Registries and the Notaries in a resolution of October 16, 2015 (BOE 5-Nov-15) in a case of sale under the condition of subsequently obtaining said authorization, since the authorization indicated should have already been required at the time of the notarial authorization and its absence at the time of giving the contractual consent constitutes a cause of ineffectiveness of the contract; as stated in the Supreme Court Judgment of March 14, 1983. It supposes the non-compliance or non-concurrence of the “condictio iuris” (authorization) required with imperative character by the insurmountable ordinance, producing a definitive registry ineffectiveness. It may be the object of a new grant, but without the priority of the first presentation seat.

All nationals of non-EU countries (except Iceland, Switzerland and Norway, who do not need it as they have signed the free movement agreement with the Union) who want to buy a property in the area of ​​Cartagena, the Strait of Gibraltar, in the bay from Cádiz, the border with Portugal or with France and the Galician coast, depending on the area, may need the express authorization of the Ministry of Defense.

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