I am just back from Murcia after completing the installation of a furnishing package on my new property on Roda Golf (beautiful place by the way!).

Before leaving the UK I was told by the rental company I had chosen to manage my property (who shall remain nameless) that I would need to purchase their top line rental package in order to rent the property out to some of the 'big players' that they deal with and the package would include a fire protection package.  

When I went across, I found that there was a fire extinguisher and a fire blanket but no smoke alarm.

When I queried this with the rental company, I was astonished when they said that there was no legal requirement to install smoke alarms in rental properties in Spain (nor CO2 detectors either). I said I wanted to install one anyway, but they said that they would not guarantee to check it because of the legal implications; if there was a fire resulting in a death and the smoke alarm was found to have dead batteries, then their company would be held legal.

They are a fairly large company and they pointed out that I was one of the first people they had encountered who was so insistent on this point. To be fair they said they would look into this particular policy, although this might have been to placate me! 

Great - I thought kind of mad beaurocracy was reserved for the U.K and the U.S. There is much more likelihood of someone dying  in a fire because of no smoke alarm, than there is of someone dying as the result of a dead battery,(which will last a minimum of 6 months) and should be changed out at this frequency any way.

The only way I can see round this is to find somewhere in the UK that will sell a plug in smoke detector, stick on an adaptor and send it across to be installed.

 Am I the only way person who has encountered this and can anyone confirm there is no 'legal' requirement for smoke alarms on rental properties?

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Hi Wkd - I used to have a rental company based on the costa del sol, and in private apartments there is no legal requirement to have this as indeed it is a grey area renting out privately owned properties anyway.

I used to have a contact who would install the three items you have requested and this was about 3-4 years ago as I felt it would just be that bit safer.

Also ensure you have 3rd party liability insurance, as you are more likely to be sued for someone tripping over a rug and banging their head on a coffee table!

And ask the rental company if their contract states people rent at their own risk and also to remind them to have hiliday insurance! Clients will complain and there are professionals out there who have a holiday, complain on the last day when you cant do anything then win damages in court!

Theres not much in the book I havent had to deal with!!!

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Rixxy

Thanks for your quick response. I am slightly puzzled over what aspect of rental would be covered by holiday insurance. Are you talking about repatriating folks to the UK or their home country if they are injured, so that I don't get lumbered for that bill? My rental company website 'recommends' that holiday insurance is taken out, but only mentions cancellations on the same sentence. 

Also the rental company states that they are the booking agent and that the 'accomodation contract lies with the property owners'. I suspect this places some onus on me.   

I am keen to learn from someone who has been there and done it - do you have any further suggestions as to what can be done to minimise the professional sponger's claims? I might have to work on the rental company to change their wording?

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I used to own & run a tourist accommodation business, and had smoke detectors in all my apartments. You'd be amazed (Rixxy wouldn't obviously) how many sheets we had to throw out due to cigarette burns, but thanks to a little piece of cheap plastic technology, never anything worse than that. I also find it astonishing that they are not required by law, or at least recommended, and to not have them in case the battery is dead and you could get sued, is a sad example of the mad PC litigious society we now have.

A few years back, having found that the nearest outlet for smoke detectors to the Costa del Sol was in fact B&Q in Watford, I was actually considering importing them (from China, of course) to supply the English market (and hopefully the Spanish when they became enlightened to the obvious benefits), but hesitated over a fear of the red tape & regulations I might encounter. I also figured that due to the low retail cost, I would have to get a foot in the door of the big retail chains to secure large enough orders to make any profit. Curiously, while I was still pondering the possiblities, Bauhaus (Germany's B&Q) opened up in Malaga and at the same time Leroy Merlin started stocking detectors as well! I haven't checked recently, but they both have a fairly good range now, as do stores such as Carrefour, and you can probably now get mains fed units here too.

And I'm still seeking that elusive unique business opportunity.........

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I was quite lucky in thet respect, I think I only had a couple of sheets to throw from burns, I think the damages deposit taken at time of booking helps as well as the welcome pack asking people to kindly smoke on the terraces!

Its basic third party liability insurance for negligence which is what you would be sued under if someone tripped up on something and hurt themselves. Repatriation wuld be covered under their travel insurance or E111 if anyone still bothers with that one!

Cancellation charges are set out by the rental agency and again clients should be covered under travel or credit card insurance if they have to cancell due to illness etc

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_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

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Ok Folks

Looks like the I have found a fairly straightforward solution. After doing a bit of research on the net, The 'Fire Angel' and 'Kidde' manufacturers both make smoke alarms with a sealed for life 10 year battery. Price is circa £16 for both. The model for the 'Fire Angel' is SO610 and the 'Kidde' one is 0910UK. Hopefully this will be of some use to anyone following this thread.

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Ok Folks

Looks like the I have found a fairly straightforward solution. After doing a bit of research on the net, The 'Fire Angel' and 'Kidde' manufacturers both make smoke alarms with a sealed for life 10 year battery. Price is circa £16 for both. The model for the 'Fire Angel' is SO610 and the 'Kidde' one is 0910UK. Hopefully this will be of some use to anyone following this thread.

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