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Hi this was sent to me by RG at don juan .from the airport follow the sign to Cadiz/Algeciras A7 keep to the right hand lane you will see a sign Churrian keep following but dont turn off when you go past this turn you will see on your right
BMW MINI FERRARI PORSCHE garage immediately at the end of this you will need to turn right.That is the main motorway A7 keep going then turn off at KM217 (it will be sign postered 217 Benalmadena Mijas )turn off at that exit and then turn right ,go ahead a short distance and you will see on your left a BP garage and immediately next to it the EL Higueron resturant take a left as if to go into the car park of this resturant but go past it and you will see a portacabin selling property and just a head /next to it you will see the entrance to the mountain road wich is at the back of DJ go down to the roundabout and take the 2nd exit go to the next roundabout take the 1 st exit follow the road down and take the 2 exit at the next roundabout this road will lead you straight up to Don Juan hope Rg does not mind me sharing this to you bye irene
This message was last edited by irenemontague on 5/1/2009.
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Could this be the real reason Renfe don't want to finish the road by the railway line. The conspiracy continues ?????????
The new President of the Junta de Andalucía, José Antonio Griñán, did more than just greet local authorities on his first official visit to Malaga at the end of last week. He seized the opportunity to announce his idea that the new coastal railway line between Malaga and Estepona should be completely independent, rather than using the existing local train line (Cercanías) between the city and Fuengirola.
This alternative line would not only mean that the trains going as far as Estepona wouldn’t have to share the line with the slower local trains but that it could also be used by the AVE high speed trains.
Griñán explained that he had put his suggestion to the new regional head of Public Works, Rosa Aguilar, whom he has asked to study the possibility of building a line that would reduce journey time between Malaga and Estepona to between 30 and 35 minutes.
“The line would allow more active and faster movement along the coast”, said the new President, who admitted that this scheme would be costly. Griñán pointed out however that the line could be financed with a loan from the European Investment Bank “who are excited about the project”.
No dates were mentioned for this project but Griñán did announce that Line 2 of Malaga’s new Metro service, between the Martín Carpena stadium and the María Zambrano station area, would open in 2011.
Griñán added that the different sections of the Metro lines would be opened as and when they were ready rather than waiting for the entire line to be complete, as he didn’t want to see new infrastructure sitting idle. He admitted that the stretch of line through the city centre between La Malagueta and the Guadalmedina river was going to be complicated but he promised that the necessary resources would be made available.
Ready to listen
In his speech Griñán said that he and his 15 regional councillors were at the disposition of the people of the province of Malaga and insisted that he would make an effort to solve the problems of the different municipalities “regardless of the political colour” of the local council.
He added that he could not understand why the province’s mayors who belonged to the Partido Popular had boycotted the official reception at the provincial government. “They must speak for their own actions, but my arms are open wide as from today”, he said. The PP had instructed the mayors not to attend as the party does not agree with Griñán being named President following the departure of Manuel Chaves, and had called for new elections to be held.
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I think a copy of this should be put up on the notice board of every block.
Owners of noisy dogs which disturb neighbours at night could face fines of up to 500 euros as outlined in the new bylaw passed by Malaga City Hall.
Environment Councillor Araceli González has explained that the new bylaw is an updated version of the 1994 text regarding the ownership of animals. Under the new rules, infractions such as using animals to beg or continuously leaving them outside on terraces, or leaving them outside at night in poor conditions, is punishable by fines of between 75 and 500 euros.
Other infractions include not providing drinking water, administering medicine without a vet's prescription or supervision, disposing of animal corpses in public areas, taking pets into children's parks or on beaches, or taking them out for walks without a lead. Feeding stray animals is also prohibited.
Malaga City Hall has the competence to levy fines of up to 500 euros, while the regional government can issue fines for more serious offences (501 to 30,000 euros) such as organising animal fights and mistreating or abandoning pets.
The new bylaw also dictates that owners of dangerous breeds of dogs take out insurance cover of at least 175,000 euros.
Important information
How many dogs and cats can I keep in the house? No more than five without special authorisation.
What are the rules regarding the ownership of dangerous animals? Owners of dangerous animals must be over 18, must have the corresponding licence and must not have convictions for homicide, assault or sexual assault. They must also pass a psychological and physical test and have insurance cover.
How can I avoid being fined? Make sure that your pets do not disturb neighbours or enter public areas, and ensure a proper level of hygiene.
This message was last edited by westport on 18/05/2009.
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Just back from a very pleasant 3 weeks in Don Juan. The main pool was open every day and was quiet anytime we used it. The grass around it is looking good but also patchy in places. Phase II seems to have few completions and very few in residence as yet while the pool there was being cleaned and filled towards the end of our stay. Work continues at a fast pace on Phase III, it's now looking very well, kitchen units were being installed, a mountain of clay has been banked up at the front all along the length of the building and I presume this will be planted later. I noticed a big array of solar panels on the roof which are hidden from view - you cannot see them from the road, and I wonder if they are to provide domestic hot water to all apartments? The ground at the back of the building which was littered with building rubble up to this has now been levelled and cleaned off while the pool area and associated pump station building beside it remain to be completed yet. Parts of the main road (Calle Sierra Nevada) behind the building where grooves had appeared in the tarmac are being dug up and resurfaced as well as a small section of the steep connecting road down to the main road at the back of Don Juan. At the bottom of that steep section there was a lot of activity by machinery laying big pipes (for water, I think) and similar work was going on at the end where the unsurfaced road starts after the railway bridge. Whether this is a good omen for progress towards proper road access for Don Juan, I do not know.
One matter relating to my garage parking space in Block 1 caused a little concern - when I returned from shopping one evening shortly before I was due to return home, I found a rental car parked in my space. This has happened a few times before and I usually deal with it by leaving a polite note on the offending car in the hope it will be removed the following day and this has resolved the matter. However my concern this time arose because I needed to park my car before flying home the following morning and I feared that the driver might not react to my note in time. As it happened I did locate the driver later on and he removed the car immediately while apologising etc - however he did not appear to know what space was allocated to the apartment he was staying in and he also admitted that he had used my space when in Don Juan the previous year! I am not sure how to guard against this in future but I am thinking of putting up a notice on the wall stating that the space is for exclusive use of the owner. If anyone has a better suggestion, I would welcome it.
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Hi Irene
For security reasons, not sure if thats a good idea. I know not everyone has a car, but a potential burglar may decide on picking out an apartment that has no car in the bay first. How about if the owners initials were painted on the wall of the bay or on the floor.
Seeing as we are approaching the " throwing cigarette butts " season, has anyone on semi sotano level noticed any increase in their terrace / grass areas being used as ashtrays by these idiots. Can anyone update me on what the committee propose to do about this problem. I think the sign in the lift that I put on EOS would still be a good idea.
Westport
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Thought some of you might be interested in this, regarding new build defects.
Building deffects
Now, you have completed and, satisfied regarding the completion date, start wondering if the construction has been carried out properly and whether you have legal basis for claimings against building deffects in the future. The Answer is yes, and its legal basis is in the following provision of the General Building Act (Ley 38/1999, de 5 de noviembre, de Ordenación de la Edificación)
Ask your lawyer to claim for a good finish of your property, good power supplies connections… and for major deffects, just rely on having up to ten years of legal guarantee.
This is the article in the General Building Act which specify the legal action for different sort of building deffects:
Provision 17: Civil liability of the agents that intervene in the building process.
1. Despite their contractual liabilities, the individuals or companies that intervene in the building process will answer to owners and third purchasers for the entire building or for part of them, in case they have been divided, of the following material damages happened in the building within the stablished deadlines, counted from the reception date without reservation or from the rectifying moment:
a) For 10 years, of material damages caused in the building due to deffects or vices that affect the foundations, supports, beams, floor structure, charging wall or another structural elements, that directly compromise the mechanic ressistance and the stability of the building.
b) For 3 years, of material damages caused in the building by deffects or vices of the building elements or the installations that produce the breach of the habitability requirements of the provision 3,1,c.
The builder will also answer for the material damages by vices or execution deffects that affect the elements of finishing of the works within a year deadline.
The habitability requirements set by this Act in provision 3.1.c are as follow:
Provision 3. Basic requirements of building.
In order to guarantee the safety of people, the welfare of society and the protection of the enviroment, buildings must be designed, built, maintained and conserved in such a way that will fulfill these Basic following requirements:
Then, the article list a serie of requirments, into three differnt classes, we are exposing tose regarding habitability as mentioned tose are which are mentioned in provision 17, but I can answer your questions if you want to know more on those other ones:
(a: regarding functionality)
(b: regarding safety) ( idem as a)
(c: regarding habitability)
c.1) Higiene, health and protection of enviroment so that aceptable conditions of healthiness and tightness in the inner ambiento of the building and so that this won´t damage the close enviroment, guaranteeing a proper management of all kind of refuses.
c.2) Protection against noise, so that the perceived noise won´t put people´s helath at risk and will enable them to carry on their activities properly.
c.3) Save of energy and thermical insulation, so that it is made a rational use of the necessary energy for the adequate use of the building.
c.4) Any other functional aspects of the building elemnts or the installations that will enable a satisfying use of the building.
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Historically the taxation of non residents has always been different to that of Spanish residents and this has been widely criticised by professionals and taxpayers particularly by those resident in other EU member states. Discrimination of EU citizens or companies is prohibited under EU Law since its inception and the signing of the European Union treaty and all subsequent EU Legislation and all European countries have had to adapt their internal legislation to be in compliance with this very basic but fundamental principle. Spain is not an exception, and the European Commission is constantly on the watch for instances of lack of compliance.
Only three years ago, capital gains tax for non residents was still 35% whilst at the same time residents of Spain were only paying 15%, that was drastically reduced to the present rate of 18% in January 2007 in order to bring it into line with the taxation of Spanish residents, and only last year wealth tax was abolished for all residents and non-residents of Spain.
Equal treatment
The Spanish Tax Authorities have finally agreed to further changes in the taxation of non-residents after months of discussions with the EU Commission which was requesting that companies and individuals resident in other EU member states receive equal treatment to residents of Spain under Spanish income tax law.
The draft legislation prepared by the Directorate General of Taxation for the Spanish Government, which should be passed imminently, improves the taxation of non-residents of Spain considerably, but under the present draft, it seems, it will only be applicable to residents of other EU member states.
Under present legislation, non-resident individuals and companies without a permanent establishment in Spain have to pay tax on gross income, not on net income, thus not being allowed any expenses with some exceptions.
The changes contained in the draft legislation prepared by the Spanish Tax Authorities contemplate a restrictive deduction of expenses in the sense that the onus will be on the taxpayer to prove that the expense is directly related to the income generated. Unless the final legislation clarifies more what is to be understood by expenses directly associated or related with the generation of income, it may be too open for interpretation by the Tax Authorities and it could create arguments with taxpayers and their professional advisors.
In any event it is excellent news for the non-residents in general and it should have a positive effect for the Spanish economy which will be considered more attractive for inward investment from individuals and companies resident in other EU member states.
For the non-resident property owners it will have a very positive effect as they will be allowed to offset their directly related costs in order to calculate their tax liability for income tax in Spain.
All these recent changes - leaving capital gains tax at only 18%, no wealth tax and now this announced improvement to the taxation of income for non-residents - are steps in the right direction and they will make Spain even more competitive as a destination for investment and residential tourism. Home owners from abroad will see in Spain not only a modern European country with excellent infrastructure, outstanding healthcare facilities, marvellous weather and very hospitable and friendly people, but a more and more attractive tax system which is an important consideration when looking for investment opportunities.
Bernard Fay Viota is a Partner at the accounting and consulting firm UHY Fay & Co with offices in Marbella, Malaga, Madrid and Barcelona
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FILLING IN TAX FORM 210 FOR NON RESIDENTS
Why do I need to submit a tax return?
Spanish law requires that, if you own property in Spain, you must submit an income tax return for the previous tax (calendar) year. So 2008 returns are due in 2009. [top]
When must I do it by?
You need to complete your return by 31 December 2009 for the 2008 tax (calendar) year. However the Spanish Tax authorities notes of guidance and the form itself currently state 30 June as the deadline because they have not yet been updated following the abolition of Wealth Tax. It also possible that bank systems may have difficulty with forms presented apparently "out of time". We therefore recommend you do this before the end of June to be on the safe side. [top]
What happens if I do nothing?
The Spanish authorities retain records of all properties in Spain and will investigate cases where no returns are filed for an individual property. They have various powers of prosecution and enforcement and have formally declared this as one of their priorities for 2009. In addition, the historical records are checked when and if you seek to sell your property in the future. So any unpaid tax will also cause problems with prospective buyers and affect your ability to sell. Although 2008 tax is currently due, it is also possible to pay previous years' taxes now to avoid enforcement action. If you wish to do this please contact us. [top]
What taxes do I have to pay?
Until 2008 UK residents owning property in Spain faced three seperate taxes: property tax (or "rates"), wealth tax on the value of the asset and income tax on actual or assumed rental income. Now all non-resident property owners in Spain are laible for property tax ("rates") and income tax - whether or not the property is let out for part of the year. If no rental income is declared an "assumed" income is used to determine the income tax laibility. [top]
Our property is in joint names, does that mean two forms?
Yes, two forms are required splitting the tax 50/50. However our charge is per property, not per form. [top]
How much will my tax be?
If the property is not let, "income" tax is based on the cadastral value and the date it was last reviewed. We calculate your liability for you as part of our service. Typically your tax bill would about £250 for a full year for a property with a recently reviewed cadastral value of around £100,000. Although the true value of your property may have reduced recently, the income tax liability is based on the cadastral value, not the market value. [top]
How do I pay my tax?
You'll need to submit form 210 (instead of 214 as before) for your income tax. There is no need to employ expensive fiscal representatives, gestors or lawyers in Spain to do this. We calculate your tax liability and prepare the form for you. You then just take the form to the bank to pay and the bank forwards your tax form to the authorities. [top]
I have not let out my Spanish property.
Unfortunately you still have to pay "income" tax. However, if you do not need to declare rental income from your property to the Spanish authorities we can calculate your tax liability and prepare your tax return for just £19.95*. Please complete our order form now.
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Good News about the state of Fuengirola's beaches: (From Costa del Sol Tourism)
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| Fuengirola, only township in Spain with 100% Blue-Flag beaches |
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This year, Fuengirola has become the only township in Spain all of whose beaches have been awarded Blue Flags. There are three other areas featuring Blue-Flag beaches, but they have less than 56% of their coastal territory awarded with this eco-label.
Calviá, for instance, has eight flags (23% beaches). Manacor has been awarded nine (56%). And, finally, Sanxenxo boasts 13 flags (38% beach area).
Moreover, Fuengirola is the town in Andalusia with the largest number of Blue Flags granted: seven –more than the whole of the Basque Country or Granada Province. Its seven Blue-Flag beaches account for 30% of all Blue Flags in Málaga Province, which has been awarded six more than in 2008 (two of them in Fuengirola).
The beaches in Fuengirola comply with high quality standards and provide all the necessary services for local bathers and visitors to enjoy themselves: security and surveillance, safety and rescue teams, accessible facilities, sports equipment and fitness devices, waste management, and so on.
In addition, seawater is tested twice a month and sand is sieved and cleaned all year round. There are permanent beach workers for all twelve months and extra temporary staff in the summer and Easter holidays.
The Blue Flag Programme works toward sustainable development in beaches and marinas through strict criteria dealing with water quality, environmental education and information, environmental management, safety, and other aspects. Fuengirola is a pioneer township in many respects, for instance featuring a special beach for disabled users.
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Hi to owners who rent there apt out beware as some renters are putting out the washing over the balcony's sheets, bath towels, so if you are missing any of these they might have blown away,it might be worth adding this to your list in your apt of dos and don't hope you don't mind this post i put a picture on don Juan site on 1 July last year and it does not look good bye Irene
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Here is a sign that I have put up on both of my patio doors. It seems to work. Just print it off to save you some time.
Please do not close this patio door when you go out onto the terrace area, as you will be locked out.
Thank you
Por favour, no cierre esta puerta del patio cuando salga a la terraza ya que se traba y no podra volvera ingresar.
Gracias
PLEASE DO NOT PUT ANY TOWELS OR CLOTHING ON THE FENCE OUTSIDE. THIS IS AGAINST THE RULES OF THE COMMUNITY. THANK YOU.
PLEASE DO NOT PLAY LOUD MUSIC ON THE TERRACE AREA. ALSO, PLEASE KEEP YOUR NOISE DOWN IF YOU ARE SITTING OUT ON THE TERRACE LATE AT NIGHT. THERE ARE PEOPLE LIVING ON THE COMPLEX WHO HAVE TO GET UP FOR WORK THE NEXT MORNING. ON PAST OCCASIONS THE SPANISH POLICE HAVE BEEN CALLED, AND THEY DON’T MESS AROUND WHEN IT COMES TO ANTI-SOCIAL BEHAVIOUR. YOU HAVE BEEN WARNED. THANK YOU.
ESPANA.
Por favor no coloque ninguna toalla o ropa en la verja de afuera. Esta prohibido por las normas de la comunidad. Gracias.
Por favor no ponga la musica alta en el area de la terraza. Trate tambien de no hacer mucho ruido si esta sentado en la terraza tarde a la noche. Hay gente que vive en el complejo y tiene que trabajar al dia siguiente. En ocasiones anteriores, han llamado a la policia española quienes no dan mucha vueltas cuando se trata de comportamiento anti-social. Considere esto una advertencia. Gracias
PORTUGUÊS
FAVOR NAO COLOCAR TOALHAS OU ROUPAS ESTENDIDAS DO LADO DE FORA. ISSO VAI CONTRA AS REGRAS DO CONDOMINIO. OBRIGADA
Favor nao tocar musica muito alta. Favor manter a barulho baixo quando estiver sentado na varanda. Tem gente que mora no condominio que tem que levantar cedo para ir ao trabalho pela manha. No passado a policia ja apareceu e se ela pode prender por mal-comportamento. Obrigada
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Hi if you missed last weeks itv1 paradise lost in Spain the second part is on tonight at 9 pm not to be missed,we think we had problems on don Juan 1 after you see this we have no problems bye Irene
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Hi Irene
Here is an update for you.
Provision 43 of Tourism Act 12/1999 catalogues as holiday homes those ones which offer just lodging services and are offered to the general public for its temporal use with touristic aims once or more a year.
The only legal requirement for these houses is that they need to be furnished and have the necessary home goods for its inmediate use, according to provision 45 of same Act.
The national Act, refers to future regulations by regions, which in the case of Andalucia has not been done yet. Just Rural houses are under regional regulations in Andalucia so far by a Regional decree dated 2002.
So right now, the only obligation is that of communicating but there is no licensing requisites in place yet.
In my view the Spanish government would be cutting their own throats if they pushed through this ridiculous idea. It does not affect me, as I declare my rental, as it benefits me to do this as I can offset losses against gains by pooling my other properties together, but most people don't have this option. The Spanish property market is on its knees at the moment. This would put a huge hole in Spanish tourism and the property market. Lets say for example you get € 400 for a weeks rental, get taxed on say a third of it, cleaner costs, water & electric usage. You are now down to about € 200. After this you have community fees, IBI costs, garage costs, refuge costs, Renta tax, tourism property registration costs, furnishing costs, advertising costs, legal purchase costs, mortgage costs. Do you want me to go on. What would be the point. It is crazy. The foreign investment market will never recover if this is brought in for apartments, and there will be a flood of properties put on the market if the authorites announce the go ahead with this idea, which will further reduce prices in all tourism areas. I am a property developer and builder myself, and I would never put another penny into the Spanish property market if this crazy law was brought in.
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