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Hi Justin,
The rental position seems to be getting a little fraught.
Can I throw another angle gleaned from a variety of sources by largely from
some very experineced planning lawyer colleagues:
Presently, this seems to be a more acute problem in parts of the Costa Blanca and the Balaerics than the Costa del Sol - and seems to depend upon the local officials more or less vigorous application of the rules.
It seems that there is a real possibility of you needing to obtain from the Spanish Ministry of Tourism a licence to run your property rental as a commercial operation. Failure to obtain such a licence has resulted in owners being fined.
Whilst the “private” rental of your property has always been permitted it seems that rental activities may fall foul of the Ministry's increasingly strict criteria where you have placed your property with a commercial letting agent. As this changes the nature of your rental from a private arrangement to a commercial activity – which would usually require a licence and some local fiscal administration. This form of rental activity is seen as competing with the Ministry's already licensed Tourism operations that are have been built, regulated and are operated under the limits of, amongst other things, the local area’s General Plan (PGOU).
We are seeking assurances on this matter from our Abogado colleagues and hope to be able to present a package to the market whereby licences can be obtained to protect the legitimate interests of landlords and their tenants.
Regards,
Mark
The Rights Group
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