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Taking Care of you in Spain
Taking Care of you in Spain

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Illegal Rental Properties

This is information sent out to a community regarding the legislation for letting a property in the Valencian Province;

The ori­ginal law that re­lated to li­cences for hol­i­day lets of prop­er­ties in Spain (which ori­gin­ally only really re­lated to own­ers op­er­at­ing as a busi­ness pre­vi­ously) has been mod­i­fied.

Now it is ob­lig­at­ory for all own­ers let­ting out prop­er­ties as hol­i­day lets with no of­fi­cial agent to ap­ply for a tour­ist li­cence in the Valen­cia re­gion (we can only com­ment on this area). We re­cently re­ceived this email:-

“I have an apart­ment in Playa Fla­menca and would like to in­quire about what is needed for a tour­ist li­cence. I would need to let it out oc­ca­sion­ally. The apart­ment is ap­prox­im­ately 12 years old. I use it and also let my fam­ily use it. Your name was given to me by a friend. If you would be able to help me that would be most help­ful.”

This was our re­sponse:-

“When you rent out your prop­erty short term it is now com­puls­ory to re­gister your prop­erty at the Tour­ist of­fice, this is called a Tour­ism li­cence, and it takes about three months to get the re­gis­tra­tion num­ber by post in this area. We can ad­vise the cost of this.

A form must be filed at the tour­ist of­fice which deals with this (ours is in Alic­ante City), then the cli­ent must re­gister at the po­lice sta­tion to get a user and pass­word to enter the data (name and pass­port) for every guest they have at the prop­erty. We at Span­ish Solu­tions do not deal with these two steps.

Please note that a De­clar­a­tion of Second Oc­cu­pa­tion is re­quired. The Hab­it­a­tion cer­ti­fic­ate should have been de­livered by the builder when a prop­erty was pur­chased, or when you bought the prop­erty if a re­sale (cer­tainly nowadays this al­ways hap­pens). It is valid for 10 years, but some­times it is is­sued some years after the house is sold. If a cli­ent can­not find it or if it is ex­pired a new one is ne­ces­sary. We can quote for the cost of the full pro­cess, with Town hall taxes and VAT in­cluded, and for the tour­ism li­cence.

An ar­chi­tect has to visit the house to take pic­tures and meas­ure­ments to make the plans. We then send a form to sign and send back to us by re­gistered post, be­cause an ori­ginal sig­na­ture is re­quired.

Fi­nally, the cli­ent needs to pay a tax on their rental in­come of 19% per an­num (but this changes every year). An ac­count­ant will deal with this tax dir­ectly. You do not need to worry about your friends and fam­ily us­ing the prop­erty”.

So as you can see, the law is chan­ging and if someone is only rent­ing out their prop­erty very oc­ca­sion­ally, the cost of do­ing all this leg­ally is pro­hib­it­ive. The
ad­vant­age if your prop­erty is get­ting enough let­tings is that you are legal and can ad­vert­ise to get book­ings safely and without risk. The cons are that is
ex­pens­ive to sort, com­plic­ated, with a num­ber of steps such as gath­er­ing the
in­form­a­tion, re­cord­ing with the po­lice, pay­ing taxes, and we only can as­sist with a couple of these ele­ments (hab­it­a­tion cer­ti­fic­ates for ex­ample and the li­cence).

We are post­ing this art­icle so that cli­ents are aware of this in­form­a­tion.

It really de­pends on how many book­ings you are get­ting/​likely to get per year. Do not for­get that if you are not us­ing your prop­erty at all, then there are other
op­tions such as long-term rent­.

As a fi­nal note, I am ad­vised that in some re­gions, the gov­ern­ment have star­ted a pro­gramme to check each prop­erty for ren­ted prop­er­ties with the po­lice go­ing door to door to check if the prop­erty is be­ing let and there is a li­cence. See the official report by clicking the article below. We have also heard that Tor­re­vieja area is
pro­posed to be one of those areas soon.
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Luxury apartment with spa and wifi available now for 2017 !
New Luxury 2 Bed Apartment -
New Luxury 2 Bed Apartment -
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a great detached villa with private pool for rental this summer
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