New Regulations for Rental Properties - installation of air conditioning

So do Spanish people have to provide details of their passports?  If so what about a Spanish family who doesn't have a passport?  Does that mean they can't book a holiday?  

Nigela.  It is the ID of all 'guests' over 16 which must be supplied to the police. 

Of course all such Spaniards have an ID card (DNI)

Things are moving in the regulation of holiday rentals in Spain.

Solid-frame coat hangers, a hairdryer in the bathroom, and an iron and ironing board in the Canaries.

How dangerous is an hairdryer in a bathroom?.

Is this possibly true?. Has the world gone mad? Who is funding these civil servant nutters?.

So, in reality then, how many are actually complying with any of these rules? This is the time of year when loads of properties around us are rented out for the maximum charge. I note that quite a few of these places actually have websites and none of the ones I've seen have a registration number next to them. Quite a few don't even have ceiling fans, let alone aircon. Mentioning all occupants to be registered with the police, local or otherwise, are met with blank stares. I'm not just talking about the Brits here as many of the houses are owned and rented by various nationalities. I doubt if many (if any) supply many of the things listed. Just putting in the area and property for rent on Google comes up with dozens of hits from Dutch, Swedish, Icelandic, Spanish and Brit owners. Some privately, some through agencies. None of those on the first page in Google shows a registration number. Only a couple show WiFi being available but some obviously tell lies like our complex having "tennis available on the complex" which is a complete fabrication. The nearest tennis courts are a badly maintained municipal site some 3k away.

and an iron and ironing board in the Canaries.

A long way to travel to do your ironing   

To be  serious - we registered our property in the middle of May. We were told they would send the registration number by post to the villa in approx 2 weeks time. 

When we went over in June it hadn't arrived - it may have done by now - but we are not our again until the Autumn. 

"How dangerous is an hairdryer in a bathroom?" Not very , if it's properly wired in as you find in most hotels these days. But of course, those in apartments won't be.

"Who is funding these civil servant nutters?" The Big Hotels, obviously.

The ONE thing that IMHO needs to addressed and isn't by the new regs is overcrowding. We live in a small building (12 properties of 1 and 2 bed apartments). One 2 bed apartment was occupied for the last 2 weeks by NINE young lads. This happens every summer. The owner rents it each summer, always says the same: "I rented it to a group of 6" (which is too many anyway in my opinion) and simply doesn't care if more bundle in - which they always do. Spanish are the worst by far for doing this. We have a small pool, and if nine young yobs decide to use it at the same time, nobody else can get a look in, it's dangerous for young kids, the noise is horrendous....and there's virtually nothing we can do about it. 

The rights of other owners in a communal property should be the first thing addressed by any holiday letting regulations, but there's NOTHING in this new law to do that. NADA.

It's all about the Big Hotels protecting their interests, nothing more, which is sad. Missed opportuinity.

I am about to complete the purchase of a penthouse in playa Marbella which I intend to rent out to Arabs. I want to install Asian toilets. Under Spanish holiday rental laws would this be permitted and classed as positive discrimination like in the UK. I have been to the Police Local and only received a shrug of the shoulders.

Roberto,

The FOL that we had to produce when registering the property should include the maximun occupancy. Ours didn't. I asked at the Ayuntamiento and they said they did not do it. The registrar couldn't give a hoot.

Perhaps if this was followed up and implemented it would solve the problem of over-crowding.

Roberto:  The rights of other owners in a communal property should be the first thing addressed by any holiday letting regulations,

Tell the hotel owners that they have missed an opportunity to introduce yet another rule, and they will jump on that  as another obstacle to place in the way of private owners wanting to let.  The more owners they can discourage from letting the happier they are.

Of course they don't give a damn about improving the conditions for anyone, those renting, the owners, neighbours,  etc,

The whole thing stinks of manipulation and corruption. What a fine example to all. Then you will have the insurance companies jumping on the bandwagon ‘’sorry Sir your claim for your house burning down is invalid, you did not comply with current regulations, you had wire coat hangers’’.

Is it surprising that the public are becoming more dishonest?.

https://www.eyeonspain.com/blogs/costaluz/15840/legal-tip-1363-new-regulations-on-property-rentals-in-andalucia.aspx

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