Are smoke and carbon monxide alarms a legal requirment?

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17 Jun 2016 11:39 AM by CarolinaL Star rating. 2 posts Send private message

I've been told that the Ley de Arrendamientos Urbanos (LAU) states that installing smoke and carbon monoxide detectors in a rental property is not a legal requirement. However, I can't find any official information online (in English) that verifies this. Could anyone help?

The apartment is in Andalucia if that makes a difference.





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17 Jun 2016 12:32 PM by windtalker Star rating. 1949 posts Send private message

They are a leagal requirement in the UK l am not sure about Spain but to be on the safe side I would fit them,l do not rent my villa out and have fitted both a smoke alarm and a carbon monoxide alarm at a cost of £20 for both from B&Q in the UK..





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17 Jun 2016 12:59 PM by CarolinaL Star rating. 2 posts Send private message

Thanks for your response. I agree, although this has never been an issue for us in Spain and we've never had a complaint, it just makes sense to install them and we will. However, we currently have a tenant who is saying that we are liable and demanding that we instal them immediately, as will as give him compensation. So just want to know what the legal situation is before I respond to him.





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17 Jun 2016 1:14 PM by hughjardon Star rating in Jaywick Sands. 418 posts Send private message

hughjardon´s avatar

** EDITED - Against forum rules ** no they are not legally required but would you take the RISK with your own LIFE then if no why with someone whos paying you good money go and get them installed before your poor rentors get burned to a CRISP 

** EDITED - Against forum rules **

Love Hugh xx

 

 


This message was last edited by eos_moderators on 6/17/2016 2:00:00 PM.

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17 Jun 2016 7:08 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

Not a legal requirement especailly as most properties don't hav gas but sensible to do and you can buy them in Leroy Merlin

Agauin not sure why people need to ask just do it



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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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17 Jun 2016 7:09 PM by Hephaestus Star rating in The Peak District Na.... 1230 posts Send private message

These safety appliances are so cheap that it's a no brainer, if a few euros can save life I advise that they are bought.

End of the lesson. smiley



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17 Jun 2016 10:15 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

These are built into the Building regulations in England along with safety glazing, escape windows and fire check doors with self closers in 3 storeys.  

Lots of landlords in England blame the EU for imposing their laws.  It's good old English planning and building regs that's at work and thankful we should be too. 

If Spain doesn't have such requirements they should do so straight away.   As for the person questioning here, just pretend they are a legal requirement and get them fitted.  



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28 Jul 2016 6:46 PM by amogles Star rating in El Campello (holiday.... 174 posts Send private message

Question to those who ahve installed them.

Are there any particular models or makes that you can recommend, or any that I should avoid?

Is the cheapest model good enough or is it worth forking out some more for a more upmarket version?





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01 Aug 2016 2:41 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

CarolinaL: I am answering your questions below in bold green ( same text as your email):

've been told that the Ley de Arrendamientos Urbanos (LAU) states that installing smoke and carbon monoxide detectors in a rental property is not a legal requirement. However, I can't find any official information online (in English) that verifies this. Could anyone help? That matter is not covered by LAU.

The apartment is in Andalucia if that makes a difference.

There are recent regulations on requirements for tourism rentals in Andalucía, please have text below:

Legal tip 1363. NEW! Regulations on property rentals in Andalucía 
11 February 2016 @ 18:51 
 

Main features of a Tourism Rental:

• Tourism channels are offered:  travel agencies, brokers, organized tourist services and any other channels in which the possibility to book the accommodation is included.

• Property is located on residential land. Those properties on Tourism Land will not be licensed for a holiday home

• Lease is shorter than two months’ time

Properties which are excluded:

• House accommodation offered at no price

• For a period longer than two months´ time

• Rural houses

• Tourist apartments: (blocks of properties situated on Tourism land, under one sole management company)

Liability declaration:

Before the property is promoted through tourism channels, a "declaration of responsibility" to the Regional Tourism department needs to be presented.

The minimum content of the declaration of responsibility will be:

• Property Details:  number of beds, according to Occupation License.  If there is no copy of the Occupation License, owner will have to request one from Town Council and if the license has not been granted by the Local Council, one will have to be requested, because it is a prerequisite for filing a declaration of responsibility. You cannot rent your property in the tourism market if there is no Occupation License.

• Information on the owner.

• Details of the person or entity that will operate the activity, and the contract allowing him to do so if the owner is a different person.

After the declaration, the Tourism department will request it to be included in the Register of Tourism of Andalusia.  Once the registration is made, a registration number will be communicated to the owner. This number will have to be made visible on any advertising material.

Prices of rentals will have to be placed anywhere in the home. Overcharging is prohibited obviously and charging for items different to those exposed or indicated on the tourism channels are not possible.

Price conditions, reservation, advanced payments and, where appropriate, cancellation shall be governed as expressly agreed between the parties, which in all cases will be detailed and publicized prior to contracting.

A proof of reservation document will be handed to tenants when they make the initial reservation payment. This document will express full price of the renting, advanced payments and penalties.

Important requisites

• The house will have to have occupational license

• The housing will have to be air-conditioned if rented from May to September, and heating if you rent from October to April (these requirements come into force on 12 May 2017, not May 12, 2016).

• Landlord will provide tourist information about the environment, health care, transportation, plane and guide shows.

• Telephone  number of owner/ manager will be available to tenant.

• Claims forms available.

• First aid kit available.

• Rental can be of the entire house or of some rooms. Rental of whole house cannot be of more than 15 seats.  Rental of rooms cannot exceed 6 seats. In any of the two cases, rooms can be occupied by more than 4 beds.

• Housing will have to be furnished for immediate use.

Responsibility

The responsible person before the Regional Government and the tenant/ tourist will be the person which, appears as in charge of the operation of the apartment in the Liability declaration submitted to Andalucía Regional department

Penalties

From 2000 to 150000 euros



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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