New law for private rentals in Andalucia

You can access the Registry here:

http://www.juntadeandalucia.es/turismoydeporte/opencms/areas/turismo/registro-de-turismo/

http://www.ctc.junta-andalucia.es/turismoydeporte/opencms/ciudadania/servicio-atencion-ciudadania/peticion/index.html?cat_servicio_id=66 

Once obtained, the registration number should be displayed on all publicity including website advertising

Any complaints or enquirys should be directed to the local tourism office in the first instance I would of thought

Maria, the only thing I can find on your first link is preguntas frecuentes. The second link is broken.

Is there a data base of registered properties somewhere, or if I give you an address, can you find out if it's registered or not?

And who is the competent authority to contact if one suspects that a property is NOT registered, or that a registered property is not complying with the new laws?

Roberto:

Please have answers below in bold green ( same text as your message): 

Maria, the only thing I can find on your first link is preguntas frecuentes. The second link is broken.

Is there a data base of registered properties somewhere, or if I give you an address, can you find out if it's registered or not? Yes, there is. I can contact the Registro de Turismo de Andalucia ( Andalucía Tourism Registry). Always provided the rental is subject to that requirement of registration.

And who is the competent authority to contact if one suspects that a property is NOT registered, or that a registered property is not complying with the new laws? That Registry is the competent authority. It is a division of Tourism and Sports office of the regional government.

Maria, you say you can contact the registry, but can I? I can find a list of phone numbers for various funcionarios on the website you provided, but I could probably spend all day being passed around from one person to another trying to find someone who a) knows anything and b) actually cares about this. You say the "Registry" is the competent authority, but the registry is an entity, not a person or persons.

I feel almost certain the local police would not be interested. I feel equally certain the town hall would tell me contact the Junta (or the so-called "registry"). This new law, like so many, has been poorly thought out and is almost doomed to failure. Apart from creating excessive administration, I just can't see what precisely it's achieved so far.

And by the way, not through lack of trying, I've yet to find a single advert on the internet displaying a registration number. I'd love someone to post a direct link to a property that actually does show it. 

Heres one Roberto

On this site (the holiday rental arm of idealista) there are 188 properties listed for rent in Benalmadena - the first two have licence numbers displayed

I bet there are thousands of properties for holiday lets in Benalmadena Roberto?

It's estimated (according to the Olive Press) that only about 4000 properties have been registered in Malaga province - they also estimate that there are up to 80,000 properties with up to 800,000 beds that have not registered

Team GB 

80000 properties 800000 beds Im sure not all of those owners have 10 bed villas or are we missing something

Love Hugh

I think that it will be a failure and those who have registered may wish they had not from my long term experiences of Spanish red tape failures

Roberto:

You can use this online form:

http://www.juntadeandalucia.es/turismoydeporte/opencms/ciudadania/servicio-atencion-ciudadania/peticion/index.html?cat_servicio_id=53

Roberto you are on about SHOPPING your neighbour and then you break into his property 

DOUBLE STANDARDS glad Im not your neighbour

He also probably didnt answer you as he knows what a Busy Body you are

Love Hugh xxx

Ps really like your posts normally but that one was a SILLY action on your behalf

Team GB 

80000 properties 800000 beds Im sure not all of those owners have 10 bed villas or are we missing something

Love Hugh

Don't shoot the messenger Hugh

Just reporting what the Olive Press newspaper said - I do think the 800,000 beds is a bit fanciful but I think we can safely say there's a lot 

Team GB

I am not shooting you down just requesting some LOGICAL filtering of this type of information 

KEEP up the good work

"Heres one Roberto" - Thanks TeamGB!

"...they also estimate that there are up to 80,000 properties with up to 800,000 beds..." According to the Sur in English, it's 80,000 properties with up to 40,000 beds - which just goes to show, nobody really knows. I suspect the figures are pure guesswork at best.

Maria, thanks for the link. 

Hugh: my "neighbour" is an absentee landlord who takes no responsibility for his property nor his tenants' behaviour, which regularly causes disruption in the community. He is a businessman who is profiting from his property, at the expense of others. Far from being a "busy body", as president of the community, these problems land at my door through no choice of mine. Far from "shopping" him, I am merely looking for information on how exactly this new law is supposed to be implemented. Perhaps when I appeared in court recently as a witness to an agravated assault, I was being a busy body and should not have "shopped" the offenders? And where exactly did I say I broke into his property? 

I normally enjoy your silly pointless posts, and usually avoid passing judgement on others, but I'll make an exception this time: 1) If you have nothing useful or interesting or polite to say, SAY NOTHING, and 2) GET HELP. Seriously.

Well you did not mention you were the EL PRESIDENTE  which sheds a different light on the MATTER of course I thought you were just a NOSEY neighbour 

(I assisted the tenants in obtaining entry, but obviously cannot give further details on a public forum!)

The above statement however in my MIND suggests an unlawful action the Punchline THAT WILL DO NICELY SIR I'm sure you get my drift if you are of a certain age

Keep POSTING my friend no PROBLEM here 

Hugh 

Hugh  The above statement however in my MIND suggests an unlawful action

May be you are not aware that when an Escritura is signed, (in all cases I have seen) you agree to allow access to your property, with certain restrictions, when that is required by the needs of others in the community.   Although it most instances that would be arranged to suit you, in an emergency, say a water leak, a forced entry can legally be made.

Thanks for that John, although I would be the first to admit that tenants locking themselves out is probably not a justifiable reason for forced entry, and normally wouldn't even be a community issue. However, since the tenants in this case are Finnish and speak no Spanish, and had no phone on them (they didn't even have any shoes on!) I feel I was acting in a "community spirit" by helping them. And just for the record, there was no "forced" entry.

Anyway, getting back to the point of my posts, the form that Maria has kindly provided a link to gives the opportunity to make an enquiry (in Spanish), but I'm not sure that this serves any useful purpose. The tenants in this case have no way of contacting the landlord in an emergency, because he doesn't answer his phone or even reply to a text message. Assuming that the property has been registered (although I'd be extremely surprised), he is clearly in breach of the conditions of the licence, so who are they supposed to complain to? It's highly unlikely the tenants are even aware of the new regulations and that there is a "registry", so the suggestion by certain parties that this law was introduced to safeguard the interests of the consumer is, frankly, laughable.

And as a side note, it also does absolutely nothing to assist presidents of communties that are burdened with the troublemaking tenants of absent landlords - registered or otherwise.

As probably everyone knows,  the Central Government passed the law and then it was up to each Regional Authority, at their leasure,  to establish the rules which would apply in their region.  The rules for each property I understand vary depending on the type and location of the property, urban, rural etc.  The rules for each Region vary. 

Thus the idea that the law was in some way to protect those renting is a non-starter.  Had that been the reason the Gov. would have established one set of  rules which would be applied in all Regions.

The reason for the rules, and how they were established,  was the result of pressure from  the hotel owners who believed that if they could all but eliminate private rentals then that would mean all those who were unable to rent privately would flock to the hotels.  A nonsense of course.

Just in passing.

1.  From what I know where I live,  the requirement to supply details of those renting is administered by the Guardia Civil and the National Police. If there is any logic (sorry I know this is Spain)  then I would think that infringements of the rules might be ‘policed‘ by them.

2. If I were aware that a person living or renting was locked out, I would do all I could to assist them to get into the property, even if ultimately that required force.

3.  Not to help burglars,  but most Spanish locks have a slide-in barrel made of brass, even most so called security doors.  With an approx.10 cms drill, my cordless drill, drilling just below the key ‘hole’ will break off all the pins and the lock can then be opened with a screwdriver or a similar tool.  It does not even damage the drill bit.   A new barrel from a ferretería  is pretty cheap.

4. My neighbour, Spanish and the owner, quite often locks himself out.  Fortunately from my roof, I have a ladder,  he can access his terrace.  

Yes, as Johnx well say, these regulations are regional. You can find full info here:

http://www.costaluzlawyers.es/services/property-services/spanish-holiday-rental-laws-by-region/

Thanks John which part did you delibaretly leave out not to make it to obvious to BURGLARS how to break in to peoples propertys,you must have been a great COPPER

Love Hugh xx

Sorry to go even further off thread followng Hugh.. 

Hugh, which part did you deliberately leave out not to make it too obvious to BURGLARS how to break into peoples' properties​​​​​​​ 

From my experience, I know that thieves in general are pretty well up to speed on the best ways to commit most crimes, so what I said will only come as a surprised to honest people.

I discovered the MO with the locks, that I described,  after I came to Spain when I was a general handyman helping neighbours and friends. Of course I  know a few others ways of getting in too.  One of the easiest is when people just pull the door closed using the 'night latch' instead of using the key to double lock their door. .   The lock can then be opened with a piece of plastic maybe a little bigger than a credit card.  I am still surprise just how many do that.

A security feature of the block where I own an apartment was security doors.  It was only when a couple of front doors were forced open  we discovered that the term did not mean that high density fibre board (pressed paper) would not be used for the door frames.  When I discovered that, I reinforced my door frame with angle iron steel. Surprising most neighbours still have the flimsy frames.  After the first couple of break-ins there have not been any more.  Maybe the culprits were caught for something else  and are serving time, or maybe just going straight.