Solicitor

manxmonkey

I agree with you and we need very quick and stiff penalties to deter these rouges and protect citizens not just in Spain

I have the greatest sympathy for people like the Priors and people around Almeria,when it was actually the national government that changed the rules, but what I really get fed up with is they way people quote old news, when they mainatian how corrupt the system is, when things have changed, typically these cases are from 2011 - 2014 and I don't  see very much now on new cases because things have changes on new build properties

Along the Costa Blanca, Costa Calida, over the last 18 months there have been thousands of completions, there are hundreds if not thousands of new projects selling and not a single hint of any problems

Even now of resales, if you follow the rules and have a good lawyer they seem to go through easily so yes while I agree the system isn't perfect it has improved

I am showing a property tomorrow for example which I have found with 5 different agents with prices varying from €145k to €170k, same property and of course my selling price €145k

If however somebody would like to report on some more current issues, even in 2015 I would be happy to listen but I don't see new news stories

Inspectahome, you do seem to be a bit selective.  In the last couple of months on EOS I recall a guy from Scandanavia that had bought a property that he was told by his local town hall he could not occupy as it was without a Habitation certicate.  Also a massive pig farm being planned adjacent to Camposol and people without Habitation certificates finding their sales falling through.

Your "not a single hint of any problems" seems like wishful thinking to me. 

On another website I read of a big change in the rental legislation in Spain in Andalucia.  Those who've bought hoping to find they can re-coup monies to help pay their mortgage may get a shock. 

The gentleman that bought the property bought it 2 years ago and again if the lawyer hasn't done the most basic thing then I am sorry he needs to act against them, there is enough information on here about COH

The story of the pig farm is actually an unproven story where nothing has been agreed or even had planning granted fand this story actually started back in 2008 on this forum, not sure then why they have not built it yet

People without COH go back many years on their completion dates and nowadays there are processes in place that can legally obtain a COH, the builders have just done this for 40 properties on Sierra Golf in Murcia

Thousands of people rent out their properties and don't pay a peny in tax so the local authorities are clampng down, the hotels in the area have to pay tax, yes they have to make their rentals and pay tax now, is that unreasonable

As I made the point thousands of recent completions and no current bad press, only historic cases and even then very few. I rest my case as I said show me multiple new cases on problems, reported on here or on any other media

An informative article re new rental decree in Andalucia.

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

Also a useful article on LFOs

http://www.spanishpropertyinsight.com/legal/licence-of-first-occupation/

Plus several questions and answers were covered on this thread

http://www.eyeonspain.com/forums/posts-long-19554.aspx

Thanks for those Ads, they are well written articles. 

I hadn't realised that it was pressure from the hotel industry that caused the local government to make it more difficult and onerous to rent out your property.  The hotel sector must have a strong lobby with government, unlike ex-pats!

I feel a little bit like I am being double teamed here but my comments remain the same but for sanity and I believe that certain people take every opportunity, based on their own bad experiences, to knock Spain and the system

The OP wanted details of a lawyer and received few recomendations, based on their own experiences and given that they should be OK

I was publishing articles on this forum in 2006 regarding importance of the COH, FLO, Celludad or whatever you want to call it, nothing has changed and nowadays you cannot get a mortgage without one, a property isn't leglly completed without one, NOTHING HAS CHANGED on that front, it was the law then and people ignored the advice, it is the law now, same with bank guarantees

On the holiday rentals side the tax man wants their money, they are not saying that you cannot rent in fact tightening up the rules may improve the quality and by the way there is a get out that you don't have to declare if this is for friends and family, why throw in a comment about expats, this will effect all nationalities, Spanish as well

By the way the system also require legally that if you are selling or renting a property you need an EPC, most people ignire that as well teill they actually sell

As I keep saying you are not now seeing any of the old stories on large developments failing like Tres Molinos or Fortuna Hills, there have been thousands on new builds completed on around Orihuela Costa, thousands of resales sold all with no problems

Please somebody post details of some current problems rather than continually bringing up historic information

Now I agree that the systems can manipulated, that there is room for change but it applies to all people the same, all nationalities and it is all about understanding the system and using good services, not picking on expats

Please somebody post details of some current problems rather than continually bringing up historic information

Ads just did - http://www.spanishpropertyinsight.com/2016/02/10/andalusias-holiday-rental-decree this is not good news for those wishing to rent their property.

The whole theme of this post was around dodgy, builders, agents lawyers and construction and completion issues

The Spanish tax man has decided to try to close a loop hole in the law in one ares that requires all owners, if they plan to rent out, to register their properties and declare tax

Now if they were renting legally there isn't surely any problem for them to register so how is this have any effect on people renting out their homes

Inspector :   Now if they were renting legally there isn't surely any problem for them to register so how is this have any effect on people renting out their homes

Well if the piece below is correct I don't think I would say that ! 

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

Some requirements from the draft decree have been dropped i.e. wi-fi; which is now a moot point as it is no longer required.

• The property must have attained what is known as a Licence of First Occupation (LFO, for short). It is also known in some parts of Spain as First Occupancy Licence, Habitation Certificate, Habitation Licence, Licencia de Primera Ocupación, Cédula de Primera Habitabilidad, Cédula de Habitabilidad or Cédula de Ocupación. A LFO is a licence issued by the town hall (ayuntamiento) once the building works have been completed, which allows the purchaser to dwell in the property legally. The property developer is responsible for applying for this licence, once the Certificate of End of Construction has been issued. It ensures the property is above board complying with all planning, health & safety and disabled access laws both at a national and regional level. It is also very important as it is required by utility companies to supply the property with water, electricity, gas and telephone connection.
• Rooms must be ventilated and have blinds or shutters to obscure them when necessary.
• Rooms will have the appropriate furniture required for use by lodgers and in proportion to the number of lodgers per room.
• Air conditioning unit affixed in every bedroom including living room (as a fixed fixture, not as a portable device unit) when the property is offered between the months of May and September (inclusive). Landlords will be given one year to adapt the rooms to this requirement as from the time this law is passed (11th of May 2017).
• When properties are let during the winter season (October through to April, inclusive) a heater must be made available in every bedroom including living room (as a fixed fixture, not as a portable device). Landlords will be given one year to adapt the rooms to this requirement as from the time this law is passed (11th of May 2017).
• First aid kit.
• Landlord must provide physical or electronic brochures of the closest amenities, medical treatment facilities, parking spaces, restaurants, shopping centres as well as plans that detail use of urban transport, map of the surrounding area and general tourist guides.
• A complaints book will be made available as well as installing a large visible sign informing lodgers that a complaint book is available. Sample complaints form click here.
• Mandatory cleaning service at the start and end of every new lodging.
• Clean sheets and bed linen as well as supplying a spare set.
• Provide lodgers with a working contact phone number of person to be held accountable for any complaint or query raised so the situation is addressed immediately.
• Provide instruction booklets to use household and kitchen appliances.
• Inform lodgers on property use restrictions (such as no smoking areas or pet restrictions) as well as on Community of Owners internal bylaws.

If you use right people and follow correct procedures you have nothing to worry about, we purchased our property with the help of Roy ( inspects home ) and everything went OK proper lawyers, proper sellers no complaints from us !!!

I don't see anything in the rules which is unreasonable for a quality rental property and in fact when I was involved in this business that we didnt't cover under property management, including the area guide and first aid kit

Surely this will raise standards and should be included, for example AC, but a year to install. Clean linen, instructions, a 24 hour contact and info on the local area and facilities and that the property is cleaned prior to and after the rental

What's the problem area for the owners if they have good local management

What's the problem area for the owners if they have good local management

Inspector with respect that is tantamount to advertising that your type of business is a necessity. However, I believe many private owners do not want to go the length and expense of employing an agent, and of their customers are happy with what they get for the price they pay then that is a matter for them.

I have also read somewhere that if an agent is employed anywhere in the letting arrangements then the  whole let is subject to IVA.  As such if the person collecting the rent and IVA are not registered for IVA then they must make an IVA declaration every time they collect IVA.  That in turn would mean that most would need to employ an gestor/accountant.  If that is correct then the rental charge would need to increase, making them too expensive,  or the profit would be so small that letting would be a waste of time.

I bought a property as an investment in December 2015.  Yesterday I received an email from the urbanisation President, a Spanish lady, who I had approached regarding an awning I was replacing that was well past it's sell by date.  It turns out that much to my surprise this awning had been the subject of litigation between the community and the Spanish vendor.

The bottom line is that it doesn't just need replacing but in a different form and I will incur costs of around €600 to put matters right.  A niggle, but not going to break the bank.  But it might easily have been 10 times that amount or more. 

The reason being is that under the archaic Spanish procedure there is not the usual questions and answers - so you cannot ask for confirmation there are no outstanding disputes as you would in the UK.  So you buy purely on trust - that is why it's a daft procedure.

To make matters even more annoying I specifically asked my solicitor to speak with the urbanisation President.  He did so and confirmed there were no debts on community fees and this was not raised.   His stance is that "the community President did not tell him".   Nothing is in writing, so of course I'll end up paying for the necessary work.

Inspectahome - here is a good example of why the legal system in Spain needs updating.  It might easily have been a far larger amount.  The system in Spain is slapdash and wide open to abuse by dishonest people.  In the real world these people do exist.

It actually isn't the community president that would deal with this, as with the community debts, but the administrator that is appointed.

They would have details of this type of dispute and as I have said in previous posts enquires relating to a property and its status in the community are for the appointed, they have to issue the certificate on debts etc

It actually isn't the community president that would deal with this, as with the community debts, but the administrator that is appointed.

They would have details of this type of dispute and as I have said in previous posts enquires relating to a property and its status in the community are for the appointed, they have to issue the certificate on debts etc

The President and the Administrator are the same person.

There was no debt on the property.

Please remember that there is a get out in these new rules which is that they do not apply to rental to friends and family, as with many Spanish regulations have a get out clause

If anybody is listing properties on websites such as this, Holiday Lettings etc then they are commercial lettings and yes you are correct that they would have to declare the rental plus IVA and declare, as letting agencies all do

So on the same basis if the hotel trade decide that they, in order to compete with private lettings that you have to pay cash, that the room isn't cleaned and if there is something wrong there isn't anybody local that can help you is that OK

The fact is that many people unoffically have their keyholders and cleaners

Yes you are correct in that it could make it not profitable for owners but all the regulations are doing is asking for what they are legally entitled to, right or wrong

Your comment  doesn't deal with the fact that the Spanish conveyancing system is deeply flawed.  I get the feeling that whatever is said you prefer not to accept there are still some potential pitfalls in buying property in Spain.

It is true that "land grab" is now semi-outlawed and most are now aware of the increased risks of buying unregistered properties on the campo or off plan.  But there is no disclosure procedure in Spain and the checks made are flimsy and invariably verbal, whereas they should be in writing. 

As a Brit you know if things go wrong you'll be the one who picks up the tab.

IInspector:  Please remember that there is a get out in these new rules which is that they do not apply to rental to friends and family, as with many Spanish regulations have a get out clause

I asked here about that when the Regs first were published, Maria agreed with my interpretation that even friends and relatives who paid were exempt, however, a couple of other lawyers say if payment is made then the Regs do apply.

Of course no payment by any person using the property means Regs do not apply.  That would not apply to many though !