Investing in real estate in the province of Girona—whether it’s a sea-view apartment on the Costa Brava or a rural property in Baix Empordà—is a significant move that requires meticulous planning. However, many investors hit a legal roadblock that can paralyze or even cancel a nearly closed transaction: the right of pre-emption.

At Actum Advocats, specialists in real estate law in Girona, we know that understanding this concept isn’t just a matter of theory; it is an essential protection tool for your capital.

What exactly is the right of pre-emption?

The right of pre-emption is a legal power that allows a person (natural or legal) to acquire a property with priority over any other buyer, at the same price and under the same conditions. This right is mainly divided into two categories:

• The right of first refusal: This is granted before the sale is finalized. The seller is obligated to inform the holder of this right of their intention to sell.

• The right of redemption (retraction): This is exercised once the sale has been concluded. If the pre-emption notice was not duly served, the holder can cancel your purchase and acquire the property at the original purchase price.

How can this impact your investment in Girona?

Imagine you’ve found a hidden gem in Girona’s Barri Vell. You’ve negotiated the price, inspected the property, and are ready to sign. If you haven’t accounted for the right of pre-emption, you could lose the property just weeks after signing the deed before a notary.

Here are the most common scenarios where this right comes into play:

1. Tenants’ Rights (Leases) In accordance with the Urban Leasing Law (LAU), if you buy a rented property, the tenant de facto enjoys a right of pre-emption. Although many luxury or investment property sales contracts include a waiver of this right, at Actum Advocats, we systematically verify the validity of these clauses to avoid any unpleasant surprises.

2. Rights of the Public Administration In Catalonia, and particularly in high-demand areas like Girona, the Generalitat or local town councils may hold a right of pre-emption on certain housing (especially those originating from foreclosures or located in protected zones). Neglecting this point could mean the administration legally takes over your investment.

3. Rights of Co-owners and Neighbors If you are buying an undivided share of a property or a farm, co-owners or neighbors of adjacent rural estates may have a right of pre-emption. In the rural property market of the Girona region, this is a crucial point that is often overlooked.

The importance of preventive advice with Actum Advocats

Legal security is the foundation of any profitable investment. At Actum Advocats, our goal is for your only concern to be choosing the color of the walls in your new home.

How can we help you secure your transaction?

• Legal Audit (Due Diligence): We analyze charges and rights registered (and unregistered) in the Land Registry to identify potential holders of preferential rights.

• Lease Agreement Review: We verify if current tenants have effectively waived their rights or if formal notifications are required.

• Notification Management: If a right of pre-emption exists, we handle the necessary legal communications to trigger the expiration periods so you can purchase freely once the legal deadline has passed.

• Strategic Negotiation: If your investment is compromised by a redemption claim, we seek legal solutions to defend your interests as a “good faith” buyer.

Invest with peace of mind, surrounded by experts.

The real estate market in Girona and the Costa Brava is dynamic and full of opportunities, but the complexity of the Catalan Civil Code and state legislation requires specialist expertise. The right of pre-emption is not a cause for concern if managed correctly from the start.

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

Need to secure your next purchase? Visit us at our office in Girona or contact us through our website. At Actum Advocats, we simplify legal procedures to guarantee your peace of mind.