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All,
As a business, I know it may seem we keep 'drumming' this issue into people intending on Renting / Letting a property on SADM but again it's reared it's ugly side in the Nationals and overseas publications. Following is an extract from The Telegraph which indicates how the Spanish (and British) Governments are clamping down on 'un-licensed' properties for Let. Unlike the fall in Construction Company's share prices and licenses etc, this is nothing to be worried about as long as you have done your homework and run your property letting as a small business. We have made a lot of friends through this Forum and i personally would hate to see anyone fall foul of this in SADM.
Buy-to-let Britons are learning a painful lesson from their investment in the holiday rentals market, says Hugh Ash
Already reeling from news that their properties' values are under threat, British homeowners in Spain are facing a double whammy that could plunge thousands into huge debt. A fresh crackdown by Spanish tourism and tax authorities over unlicensed apartments and villas that are let to holidaymakers threatens to trap countless Britons, anxious to maximise their investment in homes on the Costas and the Balearic Islands.
Many of the 300,000 British investors in Spain's overheated property market have already turned to the lucrative holiday rentals sector and many more are considering doing so to ease their mounting financial strain. But, seduced by the prospect of netting £1,000 a week in high season for a two-bedroom flat with a sea view, few realise that they face swingeing fines of up to £20,000 (€30,000) because they are breaking tourism laws. The expanding opportunities for buy-to-let investments, which generate income to repay mortgages, have acted as a hefty inducement in luring thousands of British people into snapping up properties in the Spanish sun.
However, the vast majority of flats and villas cannot be offered for holiday rental, because the tourism authorities do not license them. And, even if official permission is sought, it is rarely granted. "There are strict conditions before properties are approved for rental to holidaymakers," says a spokesperson for the Spanish Ministry for Tourism. "Nearly all are not licensed, which means letting them to tourists is illegal."
Property owners also face action from the Spanish and British tax authorities, who have stepped up their scrutiny of holiday rental websites if they fail to declare income from lettings. Already several British investors in Majorca, the second most popular holiday-home market after the Costa del Sol, have fallen foul of Spanish law.
Londoner Tania Osbourne is appealing against a £20,000 fine for letting out her £200,000, two-bedroom flat on a complex in a popular Majorca resort for holiday rentals, after a Spanish neighbour tipped off the tourism authorities. Another British owner was recently fined £4,000 and ordered to withdraw his apartment from a holiday rentals website. And five others, who wanted to let their apartments to holidaymakers, have been threatened with legal action by neighbours. Tania, 63, from St John's Wood, explains: "I wanted the flat as a buy-to-let investment and the developer's sales director told me it had excellent holiday rental potential of up to £800 a week in high season. So I bought it with a mortgage from a Spanish bank.
"After I'd completed the purchase early last year, I put the apartment on a holiday rentals website and was overwhelmed with inquiries from the UK. Very quickly it was booked solid for nine months. "But I was suddenly called to a meeting with the head of the community residents' association. And he spelt it out in the bluntest terms that the development was unlicensed and we would be reported if we continued to offer our flats as holiday accommodation. "We had no idea the development had to be authorised for tourism use and we were all relying on the lettings income to pay off our mortgages. "I immediately pulled the apartment off the website and put it up for sale. But that didn't stop one vindictive neighbour from informing on me to the authorities. Now I've been hit by a £20,000 fine - far more than I ever made from the lettings - but I'm hoping to get it reduced on appeal."
Lawyer Sebastian Stalter, whose practice in Palma specialises in advising foreign clients about property purchases, warns: "The rules governing holiday rentals are particularly tough in the most popular tourism areas, like Majorca and the Costas. "So British buyers must be extremely careful if they seek properties for buy-to-let investments, because the experience can be a painful one if they have not checked out the pitfalls in advance. "Many developers don't give accurate information about what their properties can be used for and it's very rare that apartments are licensed for tourism."
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Again, nothing to worry about but we'd sooner bring this to your attention than you go into the Letting market blind of the focus.
Regards
Darren & Michelle
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Darren & Michelle R17 - No.54
www.santaana-pm.com
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Hi Daren,
You have come up with an interesting point. A lot of people may plan to invest in SADM because a rental guarantee covers the mortgage. Is there any restrictions on renting on this site either through a managment company or as an individual to family and friends?
We are told to expext to pay tax on rentals to Spain & even the UK, if the license to rent is not in place would it deter people investing, even pulling out.
If so this will effect Spains economy, how much are they making in development projects, Agents, solicitors, developers and building workers are probably dependant on the trade. A lot of people make their money in the building buisnes, so the Spanish should not get heavy handed.
As soon as something looks good the govenment think they can get a larger slice of the pie. I have 4 buy to let properties with happy tenants. Now I have to pay into the govenment scheem for landlords, and insure the tenants deposits. How am I going to cover the cost/ Increase the rent, the tenant has to pay more, I have to do more paper work and some one up the line makes money for nothing.
New regulations for houses of multiple occupantion, new rules and regulations costing the landlord thousands of pounds. Another government stroke to protect the tenant? The result higher rents, or sell the property and tenants are homeless. So wher are the new council houses at afordable prices.
When govenments interfear and get greedy things colapse. I'm glad to be leaving.
send me your thoughts, why are so many Brits leaving?
Recardo
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Recardo,
It is purely the tip of the iceberg and why we discuss it so often with our clients.
What homeowners are doing are creating their own 'mini-business', i.e providing a service for which they receive remunerations for, and thus have to pay all associated Goverment Tax and charges. If they intend to rent out for more than 4 weeks per annum, they have to be licenced with the Tourist Board and should go through some fair stringent examination to obtain their 'Tourist' mark. This includes Health & Safety, correct insurance and management, advertising and clear descriptions of the property and it's facilities......ie if it's not clearly promoted as 'non-wheelchair friendly' and a client turns up that cannot even get up the steps, guess who is liable ????, or in the worse case a visitor has an accident....who is liable...????.
We covered this in as a 'top-slice' in our March Newsletter and also brought to peoples attention the Contracts which have to be in place.....it's not a case anymore of a 'gentleman's handshake' and monies swapped. Again, if your weekly tenent decides to extend their stay 'illegally' and refuse to leave, who do you turn to, to get them evicted, in Spain they have legal rights to remain in situ....! If you go through an Agent or official body, you will set up an 'Arrienda de Temporado' which doesn't give the tenent these automatic rights to remain in residence.
There are a 101 issues anyone intending Letting will face and why we advise so often for people to seek proper Financial Advice from a Regulated body (not us). In short, if you are not registered, the UK and Spanish Government will track you down and expect you to pay....and you'll end up paying each of them!
We, ourselves, do not profess to know it all by any means, but by digging into this as a business, we've un-earthed a number of regulations that effect all of us.
Darren
This message was last edited by Darren Ward on 5/12/2007.This message was last edited by Darren Ward on 5/12/2007.
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Darren & Michelle R17 - No.54
www.santaana-pm.com
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I find it most strange that when I mentioned this topic some months ago, I was accused of scaremongering amongst other things. Now it seems it is a topic worthy of debate?
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Alm,
And i have to say with some naivety that I knew very little about the topic when you last posted and through that, I have personally delved further into it for our own benefit. Only now have I realised how stringent the Spanish are regarding Letting legalities and other related subjects and that we cannot just bury our heads in the sand and avoid the issue.
Darren
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Darren & Michelle R17 - No.54
www.santaana-pm.com
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On a more positive note the same type of thing is in force here in the UK
and lets face it we all know this government has fleeced those who work to improve their quality of life
lets hope we all have a better life in Spain even if it costs a bit extra
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Great Auntie Linda
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Its quite interesting that the Spanish government are quite happy to charge all none residents 'Renta' (deemed letting tax) suggesting that everybody who owns a property as a second home will be gaining income from rent. This to me would suggest that you are already given authorisation by default to rent your property, and yet they also want you to register your property with the tourist agency.
I totally understand the liability side, and agree each should treat the renting of their property as a business, however I do suggest that double standards and contradiction in terms are taking place in Spain. If the governments and councils in Spain are not clear and careful about what they want and how they want to run it then many property investors will be having second thoughts (they are already) and the Spanish economy will begin to take a dive.
People are beginning to realise that the cost of buying in Spain, setting up mortgages etc and every little thing you do costs money and not everyone has unlimited funds. Investors will be the first to realise that Spain is no longer the honey pot it once was, with over supply and overpriced properties leaving them with white elephants in the sun that they can't sell or rent (at least for profit).
I like Darren am determined to make a success of my business out in Spain albeit on a small scale, and if it takes forums like this to bring it to peoples attention and then show their feelings to the Spanish councils and governments then it can only make for a fairer market and fairer opportunies for all. This happened with the Capital Gains Tax only this year so hopefully all the other illegal and underhanded methods which are said to be 'the norm' will gradually be brought to light and eradicated in order to make Spain the dream we all know it can be.
Regards,
Steve.
www.spanishvillacare.com
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Darren, whilst I can accept your explanation, you obviously recall my query and comment on this matter some months ago, and the response to it by some, which surely, ignorance on the topic isn't a reason for the abuse shown at the time?
It does seem strange that if a subject is raised which people are ignorant to, it is always brushed under the carpet, until it becomes widely reported, then everyone has an opinion.
Glad to see that you tool time to look into the matter, for whatever the reason.
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Alm,
Absolutely agree, I too have experienced the backlash from people for alledgedly 'knowing too much' and it's not a nice place to be is it ! At the end of the day, all we try to do (and that is everyone) is share what information we have. Then when we clam up and don't share (as I currently do on another forum) we once again get accused of not sharing........as individuals we can never win. But on this Forum, I'm happy to pass on what I know at the cost of not being liked by some......not that this is a poularity contest after all.
I can only say, whatever information you have on this (or other topics), I for one would appreciate knowing.
Darren
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Darren & Michelle R17 - No.54
www.santaana-pm.com
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Hi All.
Yes i agree with Steve that over supply in Spain and increasingly higher prices could eventually outstrip demand and people with mortgages who have invested to rent or sell on at a profit might get their fingers burnt a bit. The Spanish property market as Steve said is not the honey pot that perhaps it was say some 10 years ago and with so many new builds going on can only get worse as far as investors go. I think the Spanish are begining to reconise that if things carry on at the same rate in years to come their country could become as over populated on ratio as some other european contries like of course the U.K., thus affecting their quality of life. This is perhaps why i heard somewhere [ cant remember where] a good while ago, that the Valencian Council which Albatera comes under, will not grant licences to build there yet. They are basically trying to just slow the process down. It does perhaps make some sense and for those of us that want to make a new life in Spain, either to work or retire, although the weather will be the same, if it becomes too overcrowded with less and less beautiful open spaces and the other problems that could bring, it may not be as nice for the Spanish and also we may not be living the dream which we quite expected.
Sorry to rabbit on it was just a couple of thoughts that came to my mind. Having said all of that, Pauline and i are still excited about retiring there in the not too distant future and looking forward to a better quality of life.
Bob.
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Now Retired and have our money back in FULL via our bank guarantee. Bob and Pauline.
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Hi
Although John and I aren't buying to rent, we still find it useful to know what is going on. Some people may talk about scaremongering, whilst others may say people are burying their heads in the sand! We are all adults, with minds of our own, so let's encourage people to say what they think and make our own decisions on what to believe. Having said that, I have had great difficulty in coming to decisions on heating and air conditioning!
Sue
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Sue Walker
Author of "Retiring the Ole Way", now available on Amazon
See my blog about our life in Spain: www.spainuncovered.com
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