New tourist rental law finalised

Information and questions about the Law in Spain and Andalucia.
sunluvva
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New tourist rental law finalised

Postby sunluvva » Wed Feb 03, 2016 12:57 pm

Can anyone give me more information on the new tourist rental regulations. I heard that they were finalised this week and need to understand how it works for a someone who lets the property out for holiday lets throughout the year.

Thanks

pensure1988
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Re: New tourist rental law finalised

Postby pensure1988 » Fri Feb 05, 2016 9:48 am


sunluvva
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Re: New tourist rental law finalised

Postby sunluvva » Fri Feb 05, 2016 11:15 am

Thanks

Tala Orchard
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Re: New tourist rental law finalised

Postby Tala Orchard » Fri Feb 05, 2016 1:00 pm

Reading this makes it as clear as mud, or else my translation and that of Google are totally screwed :wtf:

Unicorn
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Re: New tourist rental law finalised

Postby Unicorn » Fri Feb 05, 2016 6:05 pm

There is an article on this in Sur in English on page 4. I will not do a link as I always muck it up aand get ticked off. :crazy: :crazy:

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Enrique
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Re: New tourist rental law finalised

Postby Enrique » Fri Feb 05, 2016 6:34 pm

Hi,

http://www.surinenglish.com/20160205/news/costasol-malaga/junta-gives-three-month-201602051213.html

Come on Unicorn use the URL tab and post your link.................... :D.....Page 4 is same as above.......

http://services.surinenglish.com/virtual/20160205/
UNIX is basically a simple operating system, but you have to be a genius to understand the simplicity.

Unicorn
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Re: New tourist rental law finalised

Postby Unicorn » Fri Feb 05, 2016 7:09 pm

Hi

Come on Enrique, am still lying in a darkened room with a cold compress and a large gin after my excesses with Windows 10. (Which is working fine for me, as it happens!)

:clap: :clap: :clap: :clap:

unis09
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Holiday rental decree

Postby unis09 » Sun Feb 07, 2016 9:39 am

The Euro Weekly News tells us that tne new decree regarding property rentals came into effect on February 2. If you rent your place out you need to register with the Andalucia government by May or face potentially huge fines. You have a year in which to be fully compliant with stringent new rules governing facilities and information you are providing.

Does anyone have information about how to apply for the registration and the precise requirements?

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fincalospinos
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Re: New tourist rental law finalised

Postby fincalospinos » Sun Feb 07, 2016 2:33 pm

The article in Sur mentions "Exclusions" , one of which being rural property, which apparently is already subject to another law. Does anyone know what this other law is ?
Hardworking resident !!

Chica56
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Re: New tourist rental law finalised

Postby Chica56 » Sun Feb 07, 2016 11:13 pm

None of the information above is accurate. THe law has been passed, just, but it is not in the BOJA yet and needs to be published there. Then there are 3 months from that date within which you can get the property registered on the Register. However I have read that the people responsible for the Register have said the Register will not be ready until May....

If a property requires structural Works to comply with the law then you get a year to do this in........but its only a year for structural works

Every property needs a licence of occupation (first or second) to go on the Registry and all bedrooms are required to have AC, as well as the living room.

There are exemptions, including rural property.

As there are stated to be 80000 properties in Andalucia then I fail to see how they will manage to register all those in such a short time frame.....especially as the actual application process and forms are not even available yet......

I agree with the need for the law but the time frame is ridiculous, hope its not another licence to print money....... :cry:

Tasha
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Re: New tourist rental law finalised

Postby Tasha » Thu Feb 11, 2016 4:43 pm

I have seen this glimmer of hope on Facebook from an unknown solicitor's blog

We are pleased to report that we have held another consultation with the Junta de Andalucia, the regional government, and the information they have provided confirms our interpretation of the law. The Junta states:

To have the classification of tourist apartments there must be 3 or more apartments (or properties) integrated in the one establishment. One or two apartments cannot be marketed or promoted for tourists using the term tourist property.

With regard to the rental of properties that are not classified as tourist apartments or tourist property the law of urban rentals will apply. This law sets out the rules on rental of private property which is for non-residential or short term use. In this case the property can be rented out always provided the term “tourist” apartment or property is not used and the rental contract complies with the Law on Urban rentals.

You can therefore rent out your property if it comprises one or two apartments or properties provided you do not use the phrase tourist property or anything similar to this to advertise, market or promote your property. You can rent on a short term or weekly basis and in every case you have a fiscal obligation to pay tax on the rental in Spain”

This leads me to believe that if we don’t mention the word “tourist” in any advert then we don’t need a licence….


Can anyone confirm this?
TIA

Miro
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Re: New tourist rental law finalised

Postby Miro » Thu Feb 11, 2016 5:18 pm

I can confirm that the information was posted on the solicitor's website mid 2015, and IMHO is fundamentally flawed anyway. The classification as "tourist apartments" refers I believe to registered businesses, not private properties. Look for the "AT" plaque outside aparthotels (alojamientos turísticos) with a number of keys, similar to hotel stars.

Private rentals were previously governed by the urban law, but will now be covered by the new legislation.

Typical misleading information from people who should know better.

P.S. it's easy to discover the source - just copy the first paragraph and paste into Google search :wink:
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chrissiehope
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Re: New tourist rental law finalised

Postby chrissiehope » Mon Feb 29, 2016 2:28 pm

Just come across this on Facebook - it may be of use to those who rent ?
http://rentaltonic.com/complete-guide-registering-holiday-rentals-andalucia/

I am soo glad we didn't go down the rental route in Spain :thumbup: but I manage property in Wales where they have just introduced a load of rules & regulations, so I haven't got off scot-free :wink:
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Devils Advocate
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Re: New tourist rental law finalised

Postby Devils Advocate » Mon Feb 29, 2016 2:37 pm

We received this letter from our gestor last week,sent to us in the UK. Doesn't affect us but thought I'd post it up anyway.




RENTING OF A VACATIONAL PROPERTY BY NON-RESIDENTS.


Dear Clients,

We are getting in contact with you due to the fact that continuously more and more of our foreign non-resident clients are renting their properties in Spain.

Because of this, as your Fiscal Representative in Spain, I would like to inform you of your obligations in the possible case of this being your situation.

1.- DIRECT RENTAL.
The owner of the property should present a quarterly declaration for the obtaining of Income as “non resident” and pay 19 % of tax of the total income of the rentals. Likewise expenses related to the rental property (water, electricity, etc.) can now be deducted in proportion of the length of the rental.

Declaration Form to submit, Model 210.

The tax declaration presentation dates are:

Quarterly Income Tax declarations:
• From 1st until 20th of April: Form 210–1 Quarter
• From 1st until 20th of July: Form 210–2 Quarter
• From 1st until 20th of October: Form 210–3 Quarter
• From 1st until 20th of January: Form 210–4 Quarter

2.- RENTAL VIA AN AGENCY.
If you rent your property through an agency, it is the agency that has the obligation to submit the corresponding Tax Declaration and they have to issue an invoice to the property owner retaining the 19,50% of the Rental Income. In this case our office will need a copy of these invoices stating the rental periods in order to be able to calculate your annual Non Resident Tax Declarations.

Please note that the days that the property has been rented out, will not be declared in the Non Resident Tax Declaration that you have obligation to submit every year.

In the case that you decide to declare your rental income from your properties in Spain, please contact with our office. Naturally you decide if you wish to present these declarations or not, but I, as your fiscal representative, have the duty to inform you of your obligations with the Spanish Tax Agency.

Yours sincerely,
Property owner in Andalucia since 2002. How time flies.

El Cid
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Re: New tourist rental law finalised

Postby El Cid » Mon Feb 29, 2016 4:17 pm

It's all correct, but has nothing to do with the new laws on property rental.

Sid

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Devils Advocate
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Re: New tourist rental law finalised

Postby Devils Advocate » Mon Feb 29, 2016 5:15 pm

Ah, cheers Sid. I thought it must have been as we've never got one of these before.....you can delete it if it's not relevant to the thread though, no probs.

Thanks again.
Property owner in Andalucia since 2002. How time flies.

El Cid
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Re: New tourist rental law finalised

Postby El Cid » Mon Feb 29, 2016 5:17 pm

It may not be directly relevant, but it does apply to anyone who lets their properties, so I will leave it as it is useful info and a timely reminder.

Sid

unis09
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Re: New tourist rental law finalised

Postby unis09 » Mon Mar 21, 2016 8:07 pm

The info on the new law suggests we will need a ‘Licencia de Primer Ocupación’.

Can anyone advise on how to get this?

amelia
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Re: New tourist rental law finalised

Postby amelia » Mon Mar 21, 2016 11:07 pm

Hi,

We own a villa and nowhere in our documents is a ‘Licence de Primer Ocupación’. We are on a community and know that properties have changed hands with such documents in hand. We went to the local ayuntamiento with our nie, address, proof of tax payment etc - and finally got a certificate of occupation. However it took 5 visits in 6 days to provide the extra info/proof they kept demanding. But, the certificate did not include the ' maximum occupation '. Seems very few do!!

NeilS
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Re: New tourist rental law finalised

Postby NeilS » Sat Mar 26, 2016 3:32 am

So if I understand all the information I've read correctly:

1) Any owner renting out a property in Andalucia will have to register it and comply with a long list of requirements
2) Any advertising must show the registration number
3) This law (or equivalent) has been in force in most other parts of Spain for some time

So why - when I look through a website like homeaway.com - can I not find a single property anywhere in Spain with a registration number in the advert? Not one. Are the laws being massively ignored??

And the information states that all properties will be inspected a short time after registration - for 80,000 properties??? (Surely an under-estimate by the way...) Where are they going to get an army of inspectors to do that?


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