Category : Legal

Legal News Resident Insurance

Latest changes to animal welfare law

By dneutiens@segurantis.com

The new animal welfare law came into effect on Sept. 29, 2023 , but not all of the law's measures are already in place. This is due to the fact that the Spanish government is currently not yet formed or is still in negotiations for a new government formation. It is not yet known when these measures will take effect. Some of the measures yet to be developed are:

  • Liability insurance for all dogs: this insurance will protect dog owners from liability in case of damage caused by their dog. Will separate insurance be required for each animal or can it be combined with an existing home policy that has family coverage, for example.
  • A dog keeping course: this course will teach dog owners how to keep their dogs responsibly. In all likelihood, this is going to be organized by the local authorities but these bodies are also waiting for further instructions.
  • An identification chip for all pets: this chip will make it easier to identify and recover pets (dogs and cats) if they are lost or stolen.
  • There are still issues that are not on point but these are the main ones for now.

Fines

The law provides for economic penalties ranging from 500 to 200,000 euros for people who fail to comply with the aspects of the law that are already in effect. If the violation is minor, the fines are 500 to 10,000 euros; if the violation is serious, the fines are between 10,001 and 50,000 euros; and if the violation is very serious, the fines are between 50,001 and 200,000 euros and the animal will or may be confiscated.

Legal Traffic Insurance

What on-board documents are required in Spain?

By dneutiens@segurantis.com

Required documents according to the DGT

We often read on facebook or other social media all kinds of fabrications of what you should or should not have in your car of documents. What are the mandatory attestations or supporting documents that you, as a driver, must be able to present at all times when official law enforcement agencies ask for them?

We would like to give drivers the correct info once and for all and also where you can check the facebook phrase or cafe talk for their accuracy in the future. We explain this briefly and at the bottom you can check the information via the source.

What documentation should you carry in your vehicle?


When driving, there are 3 documents you must always carry with you: driver's license, registration certificate and the ITV card (inspection certificate).

These are the three documents that, for any type of ride, you must carry and be valid when you drive:

  1. Driver's license.
  2. Vehicle registration certificate.
  3. Technical Inspection Card (ITV) of the vehicle.

Always have these 3 documents, either original or legalized, with you when you drive. This will be the first thing an officer will ask of you if you are stopped or involved in an incident. Remember that since 2008 it is no longer mandatory to have the insurance policy or final receipt in the car.

These documents are also required for rental vehicles. Before driving a rented vehicle, check that the vehicle contains the required documentation.

We ourselves at Segurantis recommend that in addition to these mandatory on-board documents, you should also always have your insurance documents and a collision form handy in case you have an accident.

If you don't have insurance documents or collision forms feel free to jump in and get a free copy. Would you also like a price competitive and fully comprehensive insurance for your vehicle with additional legal coverage up to 10, 000 euros (interpreter included)? Then feel free to make an appointment and we will look into the possibilities for you!

Or you can get an instant quote for your vehicle through our link below:

Source: https://www.dgt.es/nuestros-servicios/tu-vehiculo/documentacion-de-un-vehiculo/que-documentacion-debes-llevar-en-tu-vehiculo/#:~:text=A%20la%20hora%20de%20circular,y%20tarjeta%20de%20la%20ITV.&text=Hay%20tres%20documentos%20que%20debes,Permiso%20de%20Conducir%20del%20conductor.

Legal News Resident Insurance

Delay animal welfare bill 2023

By dneutiens@segurantis.com

Just a little more delay in implementing the measures for dog owners

Neither insurance nor a course for dog owners will be mandatory from Sept. 29, 2023 (!). The government acknowledges that it cannot yet apply all the provisions of the Animal Welfare Law "Ley de Protección de los derechos y el bienestar de los animales.

We have waited a while with our communication and told our customers to be patient because we are in contact with several insurance companies, animal organizations and town halls and they already told us to wait with spreading news because they themselves had not yet received clear instructions on how the law will be applied. With this you are now informed about the latest substantiated news.

The lack of a specific regulation forces the postponement of the obligation of some items of the standard that takes effect Sept. 29.

The Animal Welfare Act will take partial effect. Mandatory liability insurance for dog owners, training courses for new owners and the creation of a national pet registry will not yet be a reality, despite the law going into effect on Sept. 29. The reason? These items required specific additional regulations describing their characteristics, and to date, this does not exist.

The Ministry of Social Rights this week sent a circular to veterinary associations and other relevant government agencies acknowledging that the obligation to obtain liability insurance for all dogs will be postponed until the specific regulations are approved. For now, the obligation will remain only for potentially dangerous dogs.

"In strict legal terms, it does not actually apply until the regulatory development of this provision has taken place in accordance with what is set forth therein," the circular says with regard to liability insurance.

"These regulations are in the form of a Royal Decree and a fully functioning government is needed to approve them," ministerial sources said, confirming that the text is ready to be given the green light, pending a change in the political situation.

For the same reason, the entry into force of the training course to own a dog, the national pet registry and the registry of authorized breeders will also be delayed.

Procrastination is not procrastination

Nevertheless, the implementation of the law will come, the only question is when. We ourselves have already taken the necessary measures and can insure your pet according to the legal requirements that are (not yet) applicable. The insurance can be purchased from 35 euros per year (if included in your home insurance).

The rates for dog insurance per se, suppose the law will require that every pet needs a mandatory separate insurance we can offer in different formulas. Where the insurance can be extended from the legally required for 75 euros per year to the mandatory insurance extended with legal coverage and / or medical coverage.

We will keep you posted as more news on the application of the law comes to light.

Thank you.

Below we give you again the full contents of the Animal Welfare Act.

"Spanish animal welfare law: When will it take effect and what are the novelties in 2023?"

Basically, the new animal welfare law consists of three fundamental pillars: stop sacrificing (sacrificio cero), stop abandoning animals (abandono cero) and stop mistreating animals (maltrato cero). This new law is an important step because one in three households in Spain has at least one pet. It is estimated that there are more than 29 million pets in Spain, with dogs being the largest group at 9.3 million, and in order to guarantee the rights of these animals, this animal welfare law was created.

The 10 key points of Spain's new animal welfare law

Although the law is still changing, here are already 10 key points you need to know:

1. Prohibition on leaving a pet alone more than 3 days, 1 day in the case of dogs

The law prohibits leaving our pet or companion animal alone for more than 3 days or 72 hours. This period is reduced to 24 hours for dogs, which must be accompanied before that time.

Moreover, it is also forbidden to regularly keep our pet on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or vehicles.

2. The sale of dogs, cats and ferrets may only be made by authorized breeders, without the involvement of intermediaries

In this way, the sale of these pets is regulated, and only those breeders with the relevant licenses are allowed to carry them out. The participation of intermediaries in the process is prohibited, as well as sales by individuals.

3. The classification of potentially dangerous varieties (PPP) remains in place

One of the last-minute changes was the change in the Animal Welfare Act project regarding the PPP Act, which would be replaced by sociability testing and the new designation of special-use dog.

In other words, the breeds Pit Bull Terrier, Rottweiler, Dogo Argentino, Staffordshire Bull Terrier, American Staffordshire Terrier, Fila Brasileiro, Tosa Inu and Akita Inu remain potentially dangerous breeds with all the obligations this entails for their owners: administrative license, short leash, muzzle, not being able to run loose in areas suitable for other dogs. As well as obtaining insurance for PPP dogs specifically designed to protect these breeds.

Regardless, not all has been said, as the General Directorate of Animal Rights remains committed to the idea of repealing the PPP law and introducing a sociability test for dogs classified as potentially dangerous, as well as large dogs.

4. The killing of animals for economic reasons is strictly prohibited

In this way, killing our pets can only be done for health or medical reasons, never for a financial or economic reason.

5. Mandatory sterilization of all cats over six months old

All cats should be spayed starting at the sixth month of life, regardless of the cat's breed, sex or situation.

6. Mandatory identification of cats and ferrets, like dogs, via microchip

In this way, there will be more control over cats and ferrets, as is currently done with dogs. The goal is to reduce abandonment and control several aspects related to these pets.

7. Mandatory responsible dog ownership training, the content of which is yet to be defined

All people who want to have a dog as a pet must prove that they have taken a mandatory course for keeping a dog that will be valid indefinitely. The goal is to train citizens in the proper care and maintenance of their dog. This training will be mandatory for both new owners and those already living with their dog in the home.

8. Obtain and maintain dog liability insurance.

Although it was already mandatory to have liability insurance for dogs throughout the Madrid region, the Animal Welfare Law stipulates that it will be mandatory for all dogs in Spain to have third-party liability insurance, with the aim of insuring any damage they may cause. At Segurantis we have this mandatory insurance for your pet on offer. For a quote do not hesitate to contact us.

9. Future establishment of a list of pets that can be kept at home

Within 24 months of the law's entry into force, the regulation will be adopted that develops an open and national list that will indicate to citizens which species of animals can be kept at home by Spaniards, as well as those species that, although they have been pets in the past, cannot be kept after the new law comes into force.

10. Dogs engaged in specific work, such as hunting, herding or security services, are excluded from this new law

As specified in the Official Gazette, dogs with specific activities such as hunting, herding or security are not covered by this new law, so they do not have to comply with everything it stipulates.

What if you are not in compliance with these new regulations

Not having insurance under the new legislation will be divided into 3 types of penalties: a minor, serious and very serious violation. This will range from a warning if you are not in order to repeated disregard of the rules. Not having a Chip will immediately be counted as serious. Fines will range from light 500 euros to serious 10, 000 euros and a high probability of confiscation of the animal (and the associated costs).

Contact us to set up your liability insurance. Your can regulate as little as 35 euros per year. Contact us for terms and conditions.

Segurantis team is ready for you!
Taxation Legal News Resident

Fiscal residency - Fiscal residency certificate

By dneutiens@segurantis.com

If you come to settle in Spain you will have to follow a number of laws, at least if you want to be in order. A general rule that applies within the EU, where there is free movement of people, is that you are considered a tax resident in a country if you stay there for more than 183 + 1 days. You will not be notified or invited of this, it is a given, a status. This tax status means that the country in which you reside can demand that you pay taxes to them because you reside in that country the most (roughly; by your presence you tax that country and there is something in return).

Another form of residency is the European Residence Card, proof of entry in the register of European citizens - "Certificado de registro de ciudadano de la Unión Europea." This is the "green residency card" which was also previously simply an A-4 document with a green background. Fiscal residency and the European residence card often go together. One must apply for this status and depending on how you wish to settle in Spain (retired, active, inactive, benefit recipient, etc.) you will have to meet other administrative requirements.

Finally, there is a certificate of tax residency. This subject is less known and it is mostly residents in Spain who come into contact with it. The certificate of fiscal residency is what a resident needs, for example, if he or she wishes to sell a property in Spain (a property registered in your name) and avoid the 3% retention. So with this attestation you avoid the 3% retention that non-residents have to pay on a sale. Even if you have the green card and you have lived in Spain for more than 6 months you will still have to request this at testation when selling a property in Spain.

Important note, de Padron - empadronamiento - el certificdo de empadronamiento colectivo, is a certificate of registration in the municipality and says nothing at all about your residency. By being registered in the municipality of Spain says nothing about your fiscal, legal status wherever you are considered resident.

Legal News Resident

Registration Belgian embassy or consulate

By dneutiens@segurantis.com

The Belgian embassy or consulate are for Belgians travelling to or moving from Spain official centers where you can go for necessary administrative formalities.

Registration in the Consulate General is not mandatory but highly recommended once you become a resident in Spain. Only registered citizens can receive an identity card, passport or certificates. The Consulate General can also sign your proof of life, which you will need for your pension or other official purposes.

The Belgian consulate or embassy is best compared to "your town hall" for everything related to Belgian administration. Your Spanish town hall (el ayuntamiento) is there for everything related to your Spanish administration.

Three basic requirements to enroll:

  1. Being Belgian
  2. Have applied for de-registration from your Belgian municipality or are still registered in another Belgian embassy or consulate
  3. Being registered in a Spanish municipality

What do you need to submit of documents

  • Fill out and sign the registration form + participate in future elections
  • Certificate of registration in the Spanish municipality(volante de empadronamiento familiar);
  • Copy of your NIE and your Belgian identity documents.
  • For families, a registration form must be completed for each family member.
  • For minors and newborns please use the documents provided for this purpose.

How can you register?

  • By email
  • By post
  • Online
Legal News Resident

The proof of life

By dneutiens@segurantis.com
Business photo created by katemangostar - www.freepik.com

Federal Pension Office - Life insurance certificates

If you live abroad and receive income from Belgium (e.g. a pension), you should take into account that you still have administrative and tax obligations towards Belgium. Failure to keep these obligations in order entails a risk of cancellation or cessation of your income.

What is the proof of life?

Pensioners who receive a benefit from the Federal Pension Service (FPD) and who are not domiciled in Belgium must submit a life certificate every year. This form must be returned to the Pension Service within 30 days of receipt (by post or via www.mypension.be). If not, you risk having the payment of your pension suspended.

Keep in mind that if you receive a pension from Belgium, you must also submit an annual declaration in the BNI - Tax Declaration of Non-Residents (Belgian non-resident with a form of income from Belgium).

Why should you do this annually?

You have to do both administrative tasks every year because the FDB is not automatically informed by the foreign services of any change in your place of residence, civil status, nationality, death, etc.

How do you fix this?

  1. Date and sign the front of the form.
  2. As a Belgian national, you have the reverse side of that form filled in by either:              
    • The Belgian Embassy of the country where you reside
    • The Belgian consulate of the country where you reside
    • The local competent authorities; town hall, mayor, police, ...
  3. If you are recently married, divorced, remarried, a widow/widower - you need to add a certificate of this
  4. Send the form to the Federal Pension Office

What can Segurantis do for you?

Go to the overview of our services.

Expatgestoria Legal News Resident

The EHIC card

By dneutiens@segurantis.com

European Health Insurance Card in Spain: what is the EHIC and how do you get it?

The EHIC card is a free health insurance card that gives you access to medically necessary care within the public health system during a temporary stay in the 27 EU countries, Iceland, Liechtenstein, Norway and Switzerland. 

The EHIC card gives you access to health care in the countries where this coverage applies, just as you would get in your own country. Medical bills are paid by the tax system of the country you come from, not the country where you receive medical care.

Cards are issued by the health insurance agency in your own country.

You can apply for the card in the country where you are registered as a resident. If you are registered in Spain (i.e. you have the residence), you can apply for the card through the Tarjeta Sanitaria Europea (TSE) website or through the Seguridad Social.

What health problems does the EHIC cover?

Firstly, it is important to know that the EHIC is not a substitute for private travel insurance. It does not cover private health care or costs such as repatriation or the loss or theft of your luggage.

It does not cover your expenses if you travel with the express purpose of receiving medical treatment

It does not guarantee that the service is free of charge - this depends on the country of destination

The card is intended for urgent medical assistance for illnesses or accidents as well as for the exacerbation of chronic illnesses, such as asthma, heart disease, cancer, etc. If you travel during pregnancy, the EHIC/TSE covers the necessary treatment, including giving birth abroad in the EU.

Also see our FAQ in the menu bar for more information on the EHIC.

What can Segurantis do for you?

Go to the overview of our services.

Taxation Legal News Real estate Rent out Insurance

Stricter rules for private rentals

By dneutiens@segurantis.com

Who is subject to this?

You rent out your holiday home or vehicle on your own initiative

You have a property in Spain that you use as a holiday home or second home and you rent it out during the periods that you are not here. If you do this, then from now on, in addition to a rental licence , you must also report the identity of your tenants to the local authorities. If you also rent out a car or just your car, this reporting obligation also applies.

This obligation stems from the Royal Decree and serves to promote public safety and prevent terrorist activities or organised crime.

Register in the registers of the Secretaria de Estado de Seguridad.

There will be two types of registers for registering the identities: one for the rental of tourist accommodation and another for the rental of vehicles. These registers will be accessible to the competent Spanish authorities for the detection and prosecution of criminal offences.

Touristic rentals

If you rent out a property for less than a full year, this is an economic activity and there are legal and tax obligations attached to it. A rental licence, adjustment of the home insurance for third party liability and the declaration of your rental income are part of these additional obligations.

What can Segurantis do for you?

Go to the overview of our services.

Legal News Resident Traffic

The Spanish driving licence

By dneutiens@segurantis.com

Validity of your "European" driving licence when you take up residence in Spain

We have written about this in the past and it is still a point of discussion: the Spanish driving licence. Who needs it, what are the conditions and how can you get it?

On the DGT website, you will find an extensive page of text and links on this subject, which in our opinion is not easy to decipher. The link can be found below.

However, there is also another Spanish government website that communicates the information released by DGT in a slightly lighter way to the reader. This link can also be found below.

In this article, we will elaborate on what the last source tells us. If you read under the heading Validity of an EU driving licence, you can read there the conditions for when you should claim a Spanish driving licence once you have become a resident.

Mandatory or not

Firstly, you are completely free to choose to exchange your current European valid driving licence with a Spanish driving licence (also European valid). There is no obligation for you to exchange your driving licence. If you do not wish to drive any more, you do not need to exchange your driving licence. However, if you wish to continue driving your vehicle, there are rules that apply.

As it is written, after your residency you must apply for (exchange) a Spanish driving license if you wish to continue driving around. The period in which you need to do this can vary. If you have a driving license of indefinite duration or one that is valid for more than 15 years, you must do the conversion within 2 years of your residency (we are talking about AM, A1, A2, A, B and BE).

Another reason to renew your driver's license to a Spanish one is in case of loss, theft, or that the license expires within 2 years. You cannot renew the driving license in the previous country of residence because you are no longer registered there.

Here comes the point of discussion or the cause of confusion. In Belgium we still know the paper version and also the newer card version. On both, the validity of your driver's license(proof that you can drive a vehicle) is on mostly UNLIMITED. However, the major difference between the two is that the card version has an ADMINISTRATIVE VALIDITY and the paper version does not. Is the Administrative validity the same as the validity of your driver's license? Because in reality we may interpret that the proof you have obtained on the ability to drive a vehicle is valid indefinitely. What the difference is we leave to the experts in traffic law within Europe).

Where do you apply for a Spanish driver's license?

You apply for your Spanish driver's license at a Gestor or you go and apply for it yourself at Jefatura Trafico.

Via a Gestor

  • Controls the entire procedure
  • The procedure is generally faster
  • If problems arise, the gestor solves them

You do the application yourself

  • Provide all documents and complete the application procedure
  • Twice to Jefatura Trafico (if all goes well)
  • Spanish language skills
  • Take into account long waiting times
  • Solving problems yourself

- —

If you wish to convert your driving licence, please contact us at info@segurantis.com.

Website DGT:

https://sede.dgt.gob.es/es/vehiculos/duplicados-renovaciones/permiso-circulacion/index.shtml#.

Website Administracion Gobierno de España:

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/vehiculos/permiso-conduccion/validez-canje-reconocimiento.html

What can Segurantis do for you?

Go to the overview of our services.

Expatgestoria Legal News Resident

Change of conditions for residency in Spain

By dneutiens@segurantis.com

Translate documents

We have learned from the National Police that the conditions for obtaining the Spanish residence have been tightened. The Spanish residence is a certificate that you apply for when you settle in Spain. Settling in Spain means that you have deregistered elsewhere and that Spain becomes your new country of residence. So you move your personal administrative seat to Spain.

You will then be known as a resident of Spain. Your new town hall in relation to the Spanish administration will become the town hall of your area of residence and the consulate will become the "town hall" of your Belgian administration (or Dutch, French, ... depending on your nationality).

Once you have lived in Spain longer than 183 days + 1 day, you will be considered as tax resident. Usually, fiscal residence and legal residence (your country of residence is Spain) go hand in hand.

Extension of the documents to be submitted

From now on, the Spanish administrative units will no longer accept documents if they are not in Spanish. Even if they are European documents, they must be translated into Spanish if they are not available in Spanish at origin.

A translation is only valid if it is done by a sworn translator. Your own translation, even if your Spanish is very good, will not be accepted. For example, the documents of your pension, the S1, the deregistration in your country of residence, etc. Official documents that have not been translated into Spanish must be translated from now on.

Segurantis can always help you translate these documents as they work with several accredited translator-interpreters.

What can Segurantis do for you?

Go to the overview of our services.