Investing in the Girona real estate market—whether it’s a luxury villa overlooking the Mediterranean in the Costa Brava or a charming farmhouse in the Baix Empordà—is a significant milestone. However, many international investors encounter a legal hurdle that can freeze or even reverse a nearly finalized deal: the Right of First Refusal (known in Spanish and Catalan law as Tanteo y Retracto).

At Actum Advocats, as specialists in real estate law in Girona, we know that understanding these rights is not just a legal formality; it is an essential safeguard for your capital.

What Exactly Is the Right of First Refusal?

The right of first refusal is a legal power that allows a specific person or entity (the holder of the right) to acquire a property with priority over any other buyer, matching the price and conditions already agreed upon. This right is split into two stages:

1. The Right of Pre-emption (Tanteo): This occurs before the sale is finalized. The seller is legally obligated to notify the holder of the right about the intent to sell.

2. The Right of Withdrawal (Retracto): This is exercised after the sale has taken place. If the holder was not properly notified of the sale, they can legally «undo» your purchase and take ownership of the property for the same price you paid.

How Can This Affect Your Investment in Girona?

Imagine you’ve found the perfect investment property in Girona’s Barri Vell. You’ve negotiated the price, checked the structure, and are ready to sign at the notary. If you haven’t accounted for these rights, you could lose the property weeks after your purchase.

Here are the most common scenarios in the Girona region:

1. Tenants’ Rights (Leases)

Under the Urban Leasing Law (LAU), if you buy a property that is currently rented, the tenant usually has the right of first refusal. While many high-end investment contracts include a waiver of this right, at Actum Advocats, we always verify the validity of these clauses to ensure they are legally binding.

2. Public Administration Rights

In Catalonia, and particularly in «high-demand» areas like Girona, the Generalitat (Regional Government) or local Town Halls may have a right of first refusal on certain properties—especially those coming from foreclosures or designated as protected housing. Failing to check this can lead to the government stepping in and taking over your investment.

3. Co-owners and Adjacent Landowners

If you are buying a share of a property or a piece of rural land, co-owners or neighbors of adjacent plots may have a legal right to buy the land before you do. In the rural markets of the Empordà, this is a critical point that is often overlooked by foreign buyers.

The Value of Preventative Legal Advice with Actum Advocats

Legal certainty is the foundation of any profitable investment. At Actum Advocats, our goal is to ensure your only concern is choosing the furniture for your new home.

How do we protect your transaction?

• Legal Due Diligence: We analyze the Land Registry to identify any registered (or unregistered) rights that could jeopardize your purchase.

• Lease Agreement Audit: We check if current tenants have effectively waived their rights or if formal notifications need to be sent.

• Notification Management: If a right of pre-emption exists, we manage the legal communications to trigger the expiration periods, ensuring you can buy with total freedom once the legal timeframe has passed.

• Strategic Negotiation: Should your investment be challenged by a withdrawal claim, we provide the litigation expertise to defend your interests as a «good faith» purchaser.

Conclusion: Invest with the Peace of Mind of Local Experts

The Girona and Costa Brava real estate markets are dynamic and full of opportunities, but the complexities of the Catalan Civil Code and national laws require an expert eye. The right of first refusal shouldn’t be a source of fear if managed correctly from day one.

At Actum Advocats, we are your strategic partner in Girona. We accompany you throughout the entire acquisition process to ensure your investment is as secure as you imagined.

Looking for security in your next property purchase? Visit our office in Girona or contact us through our website. At Actum Advocats, we turn legal complexity into your peace of mind.