Info re new letting regs in Andalucia

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01 Mar 2016 13:28 by johnzx Star rating in Spain. 5118 posts Send private message

I came upon this on a solicitors web page.

I have not shown who they are as adverting is not allowed here..

I copy the info here without any endorsements, recommendations, comments  etc. by me.

The much awaited decree is a welcome piece of legislation that clearly sets out the obligations of Landlords who wish to rent out their properties to tourists.

PROPERTIES EXCLUDED FROM THE LAW

Properties that are specifically excluded from the decree are those rented to the same user for a period exceeding two months, those where no payment is made, rural properties which are covered by another law and groups of three or more properties owned and managed by the same person.

PROPERTIES INCLUDED IN THE LAW

Properties covered by this Decree include those located in residential areas to be rented to tourists. It is understood that the owner of the property will be the person responsible to the Tourist Authority.

CAPACITY

Properties can be rented out wholly or by rooms with the capacity being limited by what is stated in the licence of first occupation. Maximum of 4 people in one room.

  • Maximum capacity for rental of whole property – 15 places
  • Maximum capacity for rental by rooms – 6 places

COMPULSORY REQUIREMENTS AND SERVICES

Each property to be rented should have the following:

a) Licence of first occupation;
b) All bedrooms must have direct ventilation to the exterior or a patio and have some form of system to darken the windows (blinds/shutters);
c) Be sufficiently furnished and equipped for immediate use by the number of places to be rented;
d) Heating and AC in the bedrooms and lounge;
e) First aid kit;
f) Tourist information about the local area including bars, restaurants, shops, leisure facilities, closest car parks, medical services, transport, plan of the area and guide to any local shows;
g) A complaints book and sign showing that complaints can be made and how;
h) Cleaning upon entry and exit of the clients;
i) Sufficient bedding with a replacement set available;
j) Telephone number to deal with any incidents or queries;
k) Manuals for the white goods and other electronic equipment;
l) Information about the internal rules of use of the facilities and equipment in the property, if pets are allowed and any restrictions on smokers;

CONTRACT

All tenants should receive a contract that includes:

1) Name of owner;
2) Cost of the rental;
3) Registration code with the Tourist Registry for Andalucia;
4) Number of people occupying the property;
5) Arrival and departure dates and times;
6) Telephone numbers of the parties to the contract;
7) Arrival form with identification details of tenants

PRICES & PAYMENT

1) To be advertised in Euros for nightly stays including provision of water, electric, heating, AC, clean on arrival with usage of bedding;

2) Price, deposits, terms and conditions and any penalties to be agreed between the parties and proof of booking to be provided;

3) In the absence of any terms and conditions, up to 30% deposit upfront and the balance on arrival with 50% penalty for cancellation and 100% penalty if cancelled within 10 days of booking;

REGISTRATION

Each property owner will be obliged to complete and sign a form issued by the Junta confirming they wish to rent their property to tourists, declare the property is appropriate for rental and that it complies with the requirements set out above. Once this form is completed the owner and property will be registered with the Tourist Registry of Andalucia.





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01 Mar 2016 14:37 by camposol Star rating in Camposol. 1413 posts Send private message

That cuts 90% of owners out,then!





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01 Mar 2016 15:55 by Roberto Star rating in Torremolinos. 4440 posts Send private message

Roberto´s avatar

Why? Apart from a possible lack of a Licence of first occupation, which part excludes any property owner? There's a difference between being unable to comply with a law, and unwilling.



_______________________

 

"First get your facts; then you can distort them at your leisure"

Mark Twain

 

 

 




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03 Mar 2016 20:17 by mariadecastro Star rating in Algeciras (Cadiz). 9204 posts Send private message

Legal Questions? Speak to Maria Direct

Camposol:

In regards to exclusion and quoting text of the post below:

Properties that are specifically excluded from the decree are those rented to the same user for a period exceeding two months, those where no payment is made, rural properties which are covered by another law and groups of three or more properties owned and managed by the same person.

These group of properties above are not considered " tourism" rentals which does not mean that they are not governed by Law--- a different one though--- and under  its sue and proper tax obligations-- of different nature--.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 Mar 2016 21:28 by ringo1 Star rating. 12 posts Send private message

Hi can anyone tell me how much it is going to cost to register and is this a one off or renewable every year.

Also if we do rent and are paying tax on rentals do we still have to pay non residents tax.

thanks paul





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09 Mar 2016 16:23 by mariadecastro Star rating in Algeciras (Cadiz). 9204 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Ringo:

As far as I know, there is no official fee  due for the registration. 

Law specify nothing on annual renewals

Yes, both taxes apply ( tax on rentals and non resident tax).

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Mar 2016 18:17 by ringo1 Star rating. 12 posts Send private message

Thank you Maria



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19 Mar 2016 08:42 by mariadecastro Star rating in Algeciras (Cadiz). 9204 posts Send private message

Legal Questions? Speak to Maria Direct

Thank you!!

It is a joy to share time here with you all.... I learn too as I go!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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