legalalising holiday lets

Hi, I am a newbie and posted on intros yesterday and I wondered if anyone on this forum has any experience of the following:

We hope someone can help us because we keep reading about new laws ref. property renting and are getting a bit jittery. We have 3 legal houses on one plot in a rural location, of which we rent out two to holidaymakers occasionally and we would like to become fully legal for tourism but don't know how to go about it.

We spoke to a gestoria yesterday and he said we just need to register with the Malaga hacienda. I already have a tax number from  previous work and have filed my tax statement for this year. We don't take much per annum - not sufficient to keep us. How much tax would we have to pay ? We wanted to be licenced, not just registered , so we could put a board near the road to direct people to us and advertise without fear of being fined. How do we go about that and is it possible to get a green grant rural tourism, to help with other things- we can run Adventure pursits from here etc., with the help of a qualified friend. We would be happy to be inspected if we knew exactly what is expected of us.

I'm not certain on this Fern, but I think the things you've been hearing relate mainly to Mallorca, and should not affect private lettings in Andalucia. As long as you declare your rental income on your annual tax return, you should be OK. However, it does sound to me like you're considering stepping up a bit from private rentals and in effect operating a tourist accomodation (alojamiento turistico) business, for which you would need to have an operating licence (apertura). I would talk to your gestor more about this to be sure. if you licence the business with the town hall you would be included in any listings issued by them, and should be free to advertise your business without fear of reprisals.

Just a note on the adventure pursuits, which sounds like a great idea - is your friend qualified here in Spain? Silly question really, but make sure you look into insurance first. I believe this is quite a stringent area, for obvious and necessary reasons.

Good luck!

Muchas gracias Roberto,

That makes things a bit clearer already. T

Thanks for taking the trouble to reply. Our friend is fully quallified and insured. Will go and see gestor tomorrow. I think we asked the wrong questions as usual so he misunderstood what we wanted.

Hello - myself and my partner own a property in Ibiza and rent it out occasionally. I note from this thread that the Balearics require you to have a license for short term lets .  I can find very little about this requirement on the web, apart from what Maria de Castro has usefully written here. Can anyone tell me how I can find out exactly what the legal requirements are to gain such a license in IBZ and what might the fine be if you haven't got one.

Many thanks

Michelle

SOME INFO HERE   Scroll down on left & read from Not suprisingly, many property-owners have turned to holiday rentals to help pay the bills. But now another problem is looming: the need to have a tourist rental licence. Recent reports suggest that most holiday rentals in Spain are illegal without a licence, and can incur fines of €30,000 for unsuspecting owners.

Laws applicable are several, the one for your case depends on the characteristic of the property and the year of building.

Law 2/1984 , dated the 12th in April on extrahotel accomodation

Decree  de abril, sobre alojamientos extrahoteleros55/2005 dated the  20th in  May creto 55/2005, de 20 de mayo, por el que se regulan las viviendas turísticas de vacaciones en el ámbito de la Comunidad Autónoma de las Illes Balears., on touristic houses.

Law 2/2005 dated the 22nd in March on ey 2/2005 de 22 de marzo, de comercialización de estancias turísticas en viviendas., on marketing of touristic stays in houses.

Many thanks for your help, Maria.

We sorted it all out a while ago with the help of a Spanish lawyer here and are now happy owners of two licences and can sleep well at night !  It was a bit of an ordeal and more expensive than we anticipated, but we didn't feel that our command of Spanish was up to the job in hand. A Spanish friend was most kind and pointed me in the right direction but warned me that even he had trouble doing it and it took him a year.

Architect plans and inspections were made, water supplies checked, wells, escituras, fire extinguishers, safety first -aid boxes installed etc., so we are pleased and it is something we had been meaning to do and felt it would be better for all concerned,  but we were not sure how to go about it.

Fortunately, we are in a rural area, which was applicable - and not  on an urbanisation, so there were not any problems and everything went smoothly. Very glad we did it, we didn't want to break the law, unintentionally, we were just not properly informed and ignorant of the facts ( am still not totally sure what the facts are because they differ from region to region) but that really should not be an excuse.

Hi,

We are about to but a duplex apartment in Tenerife, Adeje Paradise residential Complex. We would like to rent out weekly or monthly, is there any legal requirement? Can we let it out by weeks? can the comunity impeed it?

Thanks in advance,

Ruth

Hi Ruth, welcome.

If you read this thread you should have your answer.

When I Googled it said it was a residential complex so .....

Hello Ruth:

Please have answers below in bold green:

Hi,

We are about to but a duplex apartment in Tenerife, Adeje Paradise residential Complex. We would like to rent out weekly or monthly, is there any legal requirement?   No public legal requirement for the contract: I mean: you are free to rent out that, which is your private property. No registration requirement has been established by Law or Decree. Canarias does not have specific regulations for holiday houses ( those houses which are, as yours will be , in the touristic market)  You have got taxes obligations on the rental  incomes though. Can we let it out by weeks? Yes, you can can the comunity impeed it? No it cannot, that right to rent out  is part of your private property bunch of rights. Needless to mention that the Community will have a say if your tenants are not respectful to living together rules: those of the general sense of good behaviour or those expressly mentioned in the Internal rules of the community.

Thanks in advance,

Ruth

Thank you Maria!! Thank you Morerosado!!!

We live in Granada province, Andalucia - we have a separate house attached to our home and want to just let this for 8 weeks a year, do we need to get tourist registration for this?  Seems a lot of trouble to go to for such a short time.

David