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20 May 2008 12:00 AM by daviddan1 Star rating. 36 forum posts Send private message

Hi all 
I have been told today by 2 people that there are some changes in renting and selling your property 

hopefully some one can correct or fine tune the points i understand 

i shall try and explain 

Most estate agents have been closed or have taken properties out of there windows over the last couple of days 

The new rules  state you must have the following information to hand befor you can sell your property , and the estate agents want it in the file or they will not advertise the sale 

1   Note a simple 

2  Bazura   rubbish tax

3  e bee  spelt wrong and dont know what it is 

If i understood correcty for renting your property out all of the above 

plus a licence to rent your property out from the town hall 

Talking to a couple of estate agents , they do not fully undestand the rules and regulations fully 

As an earlier posting i did say the old , or young tax man has a team looking thru the web sites to see who is renting their  apartments out and from what i was told they have had a knock on ther door , not in this area
This conversation came up again today  and they are begining to catch up with people 
Hopefully some one may be able to come up with some facts on this sooner rather than later 

dave




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23 May 2008 5:16 PM by DAVE C Star rating in Swindon. 41 forum posts Send private message

Received this from my property management company which tends to confirm Dave's e mail

The Junta de Andalucia has recently started to investigate Estate Agents & Property Management companies in the area to ensure that all companies are adhering to a new regualtion (Derecho 218). The fines for non compliance are substantial, ranging from 2800€ - 5000€ per property.
 
The company is taking every necessary step to ensure that the company is compliant with the new regulations and as your representative and rental agent in Spain we need to hold certain information on your file and make it available to any inspector and/or potential tenant.
 
We have completed an audit of the information that we are currently holding for your property and request that the following information is either faxed or e-mailed to us as a matter of urgency - we have a deadline to receive all information before 6th June 2008. If we have not received the outstanding information by this date we will have to remove it temporarily from our website.
 
Copy of Escritura
Copy of Water / Electricity/ Basura Bills
Copy of Insurance schedule
Copy of IBI payment


_______________________
 Dave


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23 May 2008 6:17 PM by Marksfish Star rating in Vera, Almeria. 2624 forum posts Send private message

Marksfish´s avatar
I would be very wary of handing over a copy of such a powerful document (escritura) to anyone. Our administrators requested a copy and on the advice of our solicitor I refused. I can see why they may need a licence and perhaps proof that the "council tax equivalnnet" had been paid, but why on earth should the agent require a copy of your utility bills?  Also how does that work if you don't use an agent to rent your property, but do it yourself? Surely if you receive a licence, you have already proven to the relevant authorities that you have sufficient insurance etc?

Those of us that have already built and finished urbs will know nothing of this, only finding out through the Thalassa forum. It is hard enough trying to do all the registration stuff when not resident, without these extra "hoops" to jump through.

Mark


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24 May 2008 12:36 PM by downsfennon Star rating. 252 forum posts Send private message

Your lucky if you can rent it due to no snags being done and now the spa being closed

good luck  cheers lynda 


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27 May 2008 9:18 AM by DAVE C Star rating in Swindon. 41 forum posts Send private message

My solicitor has confirmed that the authorities are within their rights to expect property management companies to request this type of information and that it is all perfectly legal. Will keep you posted but if anyone else has further information please respond to this thread.

_______________________
 Dave


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29 May 2008 4:49 PM by toure Star rating. 21 forum posts Send private message

The Decree 218 law applies to ALL agents in the region of Andalusia who are selling and or renting properties and rightly it was introduced to protect the consumer against unscrupulous operators and dealings.
 
Any agent who is unable to declare documented evidence of this compliancy should in our opinion be avoided.
 
For us it does mean a great deal more work on behalf of the owner and tenant but for the long-term it will prove a sound investment of our time and effort and will regulate the industry overall, which for our clients will provide the peace of mind they deserve.
 
For us to comply does however mean collating the following information and documentation for each and every property:
Documentation on file
  • Nota Simple
  • Inventory of furniture and contents
  • Community rules (if applicable)
Information on file
  • Care instructions for specialist facilities (i.e. pool)
  • Real Estate Agency or Intermediary details:
    • Name or Corporate Name
    • Address
    • Registration details in Registro Mercantil
    • Agent fees/ costs
  • Description of the property
  • General description of the building, complex, public areas and additional services
  • Description of utilities (electricity, water, gas, telecommunications, etc.)
  • Description of fire protection equipment.
  • Monthly rent of the property
  • Does this include (if not, add price per additional item):
    • Parking space rental
    • Storage room rental
    • Other (please specify)
  • Period for which above prices are valid
  • Length of contract
  • Special conditions of contract
  • Price review date (if applicable)
  • Method of payment
  • Deposit to be paid
  • Monthly cost of general expenses
  • Taxes, encumbrances and responsibilities of tenant (community fees, bills etc)
  • If these expenses have already been included in the rent, what are they exactly
  • Parts of property to be maintained by tenant
  • All licenses necessary for the use or occupation of the property, its annexes, public areas and additional services, are available.
    • Yes
    • No
    • If "No" has been marked, please specify which ones are not available.
  • Encumbrances and liens on the house
  • Administrator name or Corporate Name & Address
  • Additional information

Above is a list received from a local agent which highlights the needed info before one can let their property.




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