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Tourist rentals on an urbanisation

Posted: Fri Aug 27, 2021 6:07pm
6 replies273 views6 members subscribed
Mags03169

Mags03169

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What legal requirements have to be fulfilled in order to rent out a property on an urbanisation  to holiday makers please ? Do other homeowners have to consent ? TIA

Davebev1

Posted: Fri Aug 27, 2021 8:23pm

Davebev1

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Posted: Fri Aug 27, 2021 8:23pm

You will need a Tourist License before you can rent out the property to the holiday market.  It is illegal to do so without one, and fines are big if you are caught.

The first stage will be to check that your community allows the licenses, they will unless they have specifically voted against allowing them.  You will then need to check that the property meets the requirements for rooms sizes and equipment.  

First stage is to apply to the Town Hall for a Compatibility Certificate.  Without one you cannot apply for the Tourist License.  I notice your location says Algorfa - if you are within the area covered by Algorfa Town Hall then you wont get one as they are currently not issuing any, sorry.  

If you do obtain a Compatibility Certificate then you can apply to the Tourist Office in Alicante for the License, there are forms you can download.  You will need a valid energy certificate also, but if you purchased the property recently you can use the one supplied by the last owner for the sale of the property.

If you do finally obtain a License then you will need to attend at the local Guardia Civil station to obtain log-ins so you can register your guests passport details on arrival.

You will also need to file a quarterly tax return (assuming you are non-resident) and the tax is due immediately.  Tax is 19% after a few allowable deductions if you are an EU-resident but 24% on the gross rental if you are a non-EU resident.

I hope that is helpful.

Kimmy11

Posted: Sat Aug 28, 2021 8:40am

Kimmy11

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Posted: Sat Aug 28, 2021 8:40am

Hi DaveBev1,

If a property has a tourist licence, is the owner required to buy and display the relevant plaque, or is that optional?  If mandatory, dies it have to be displayed on the outside of the property?

Kind regards, 

Kim

Davebev1

Posted: Sat Aug 28, 2021 8:51am

Davebev1

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Posted: Sat Aug 28, 2021 8:51am

Hi Kim

The red plaque is compulsory but can be displayed either inside or outside as long as it is by the main entrance. 

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elinspain

Posted: Sat Aug 28, 2021 8:58am

elinspain

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Posted: Sat Aug 28, 2021 8:58am

Davebev1 wrote on Sat Aug 28, 2021 8:51am:

Hi Kim

The red plaque is compulsory but can be displayed either inside or outside as long as it is by the main entrance. 

Hello Davbev1,

 If these rules are not being complied with & rentals are  still taking place regardless, who should you contact  to make them aware, is there  a Town Hall dept  or somewhere else?

Cheers

Elinspain

Mags03169

Posted: Sat Aug 28, 2021 9:44am

Mags03169

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Posted: Sat Aug 28, 2021 9:44am

elinspain wrote on Sat Aug 28, 2021 8:58am:

Hello Davbev1,

 If these rules are not being complied with & rentals are  still taking place regardless, who should you contact  to make them aware, is there  a Town Hall dept  or somewhere else?

Cheers

Elinspain

Hi , the question I asked on the forum isn’t about us renting out our house, I have similar questions as yourself Eli, who do you speak to when you believe it’s not being done legally. Also if the renting out has been going on for a while, can you have a retrospective vote on your community to say you don’t want it to happen in the future ?

Davebev1

Posted: Sat Aug 28, 2021 10:14am

Davebev1

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Posted: Sat Aug 28, 2021 10:14am

elinspain wrote on Sat Aug 28, 2021 8:58am:

Hello Davbev1,

 If these rules are not being complied with & rentals are  still taking place regardless, who should you contact  to make them aware, is there  a Town Hall dept  or somewhere else?

Cheers

Elinspain

If a property is being let for holiday purposes without a tourist License then it is illegal and the police need to be informed. As this would need to be done when people are actually staying in the property, bear in mind the people can be evicted by the police and left with nowhere to sleep. Owner can face a big fine and another fine for evading tax. Your administrator and president should write to the owner and explain this will happen if holiday lets continue. 

If a community votes to not allow any more licenses to be granted then it is not retrospective, any existing licenses remain valid but no new ones can be issued. 

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