With almost 8,000 kilometres of coast and some of the busiest ports in Europe, Spain is undoubtedly an attractive country for marine commercial relations and sea lovers. The team at Scornik Gerstein LLP provides an excellent service relating to ship financing and insurance, shipping contracts and pleasure boating before the Spanish courts and Spanish Maritime Authorities. Furthermore, Scornik Gerstein LLP advises in all aspects of ship finance, including sale, purchase, leasing, flagging, registration, mortgages and overseas registration.
How can I register my ship in Spain?
The Spanish Law on the State’s Harbors and Merchant Shipping, as well as the Spanish Royal Decree 1027/1989 on flagging, matriculation of ships and maritime registry establish the basic regulations on registration of ships.
The regulations set forth a dual registration system: apart from the ordinary Registry of Movable Items, any ship will need to be registered within the General Registry of Ships, as well as the Administrative Flagging Registry (which has a special section in the Canary Islands only accessible to certain companies based in the archipelago). It is also worth noting that fishing vessels have a separate Registry, the Registry for Fishing Vessels.
Registration of a ship is required from the very moment the Maritime Administration authorizes its construction.
Which maintenance regulations apply to my boat in Spain?
Maintenance regulations are established in several Conventions and Codes which apply to Spain the most popular ones being the ISM, SOLAS, LL, MARPOL, STWC and ILA.
During the registration process, the Maritime Authority will peruse and consider the seaworthiness of the vessel. Both the initial and the subsequent regular checks and controls are carried out by the Ships’ Inspection, although the Ministry of Public Works may assign certain inspection powers to partner entities. Failure to comply with the seaworthiness requirements may result in the imposition of administrative fines and penalties.
If the authorities consider that all the seaworthiness requirements are met, the Maritime Authority will issue a series of certificates and documents to attest the good seaworthiness of the vessel. The Spanish authorities can issue up to 30 certificates per ship, 25 of which are of international nature.
How do I sell/buy a boat in Spain?
The selling and purchasing of boats is largely regulated by the same rules that govern ordinary purchases. However, some particularities apply.
These particularities of the sale and purchase of a boat are mainly linked to the obligations of the vendor. To begin with, it must be borne in mind that a vessel is considered to be a complex asset. Essentially, this translates into the obligation of the vendor to pass to the buyer any accessory needed by the boat to be seaworthy.
Additionally, the vendor has two main duties: first, he or she has to make sure that the ship is handed over to the buyer in good seaworthy conditions; and second, sanitation standards must also be satisfactory.
The vendor will hold liability for any issue up to the moment when it is handed over to the buyer. Indeed, the vessel will need to be given to the buyer at exactly the same state and condition it was when the sale was agreed. The only modifications allowed are those owing to the ordinary wear and tear of the boat.
Finally, another particularity can be found in the way completion takes place since this occurs when the seller hands over the boat and the buyer accepts this, the act will be documented on a written report.
If you would like more information, please do not hesitate to contact us.
