New law for private rentals in Andalucia

Back on thread !

Following my post on 21^st  “The reason for the rules, and how they were established,  was the result of pressure from  the hotel owners who believed that if they could all but eliminate private rentals then that would mean all those who were unable to rent privately would flock to the hotels.  A nonsense of course.”

Lenox Napier (businessovertapas.com) in this week’s newsletter regarding the Rental Laws, has written this:-  

The legislation has received the thumbs-up from the local hotel sector, but some property owners claim they have been forced to stop offering their properties for short-term rentals, because they simply cannot afford to comply with the conditions...’.

...which is of course exactly what the hotel lobby wanted. There was a feature in one of the English rags (Sur I think) about this also, and it mentioned that many owners are simply throwing the towel in and putting their properties up for sale. One Brit in particular was mentioned, in Torremolinos, with seven properties, all now for sale (I think I know who it is!) Clearly, this is yet another blow for the property market, which is already flooded with an oversupply of homes for sale. Nice one, Spain!

Roberto   One Brit in particular was mentioned, in Torremolinos, with seven properties

Thought the new law only applied to those with not more than 2 properties.  

Good point, but I think it refers to those with more than 2 properties in the same location, i.e. the same complex or community. Perhaps Maria can confirm this or give us her interpretation?

If the new law does in fact exclude him because he owns more than 2 properties which he rents out, then that's a fantastic loophole, isn't it? Because I'm not aware of any effective law forcing him to register his properties as a business and aquire the relevant licence. 

Roberto.  This may be of interest :-

Extract from:

http://www.spanishpropertyinsight.com/2016/02/10/andalusias-holiday-rental-decree/

Landlords, or property management companies, that own or rent three or more properties, personally or through corporate structures, each located within a radius of 1 km from the reception office in the same unit (i.e. building, urbanization, condominium) will be excluded from this new decree (this is very bad news). They will be subject to the much harsher Decree 194/2010 (Apartamentos Turísticos) which basically equates these properties to a hotel. This has very serious restrictions on use i.e. landlords cannot use the property themselves for more than two months a year, they must cede the management of the units to a professional company for a minimum period of ten years etc.

Thanks John. "Very bad news", but only for the owners of such properties of course. I had a licence to operate as alojamientos turisticos (years ago now) when I owned and operated what was efectively a hostal, but with self catering studios. I had 3 floors of a four floor building. Another owner had the first floor, with four studios which he rented to tourists - but with no licence, and no accountability. Very bad news for me at the time!

The problem with the previously mentioned gentleman with 7 apartments is that they are not all together, although they are close (less than 1km), but who would know? Who would spot that he should register as a business? What's stopping him advertising just one of his properties for rent privately (with a new registration number), and then just letting the others "by word of mouth" when the official one is booked? 

Sure, in time the authorities may catch up with him, (especailly as he's probably not even declaring his income from the properties!) but the new law doesn't go far enough and in the short term is surely ineffective, since it's virtually impossible to police.

Spain has laws for almost every aspect of human life imaginable. The problem is there is no enforcement. This law will not be any different and most people will simply ignore it.

I'm not saying that is a desirable situation merely stating what I know is the actualité..

MIckyfinn:

It really is not that bad ;) Law in Spain is well and rightly enforced. Need to admit that Justice needs a better push for technologization and best efficiency but, it is also being well worked now.

With lots of love and respect. Willing to make you closer to my country through truth.

Maria, is there a list of permitted expenses for claiming against rental income?

I have heard that I can only claim the proportion of expense for the period during which the property was rented. For instance:

1.  if I rent for two weeks out of four I can claim 50% of the expenses. I'm not sure if this is true, but if it is it doesn't really make sense. For example I have to pay for swimming pool and garden maintenance for my villa whether the property is fully or partially occupied, as does a hotel.

2. The same for towels and linen, I replace as and when needed and have seperate for my use and guests use.

3. Guest toiletries. I have to buy whether or not rented.

Just a few examples.

Do we also now have to charge IVA on bookings?

Anyway, any additional info appreciated.

SJG:

Are you registered as a tourist unit?

I have two properties situated about 10km apart. Both have seperate licences with the Junta de Andalucia tourist board.