Getting a License to Rent

Absolutely essential.
If you click on the tab " Spain, tips and guides" and on page 9 there are guides by forum member DaveBev1. Although old posts, most of it is still relevant.

As far as I am aware Guardamar are one of the municipalities who are no longer issuing tourist licences.  Living within that municipality myself, I have several groups of friends who were told before purchasing their properties that licences were not being issued. 

If for some reason they have changed the rules, then obtaining a tourist licence can take months. In some municipalities it takes well over a year.  You have to prove the property is fit for rental occupation and have to go on the register with the guardia. 

Obtain a licence is essential as a sign has to be displayed at the property.

BTW What is a “local” property?

Lynn

Oh god. That doesn't sound good. I've already got guests booked!

Because the apartment in on the ground floor and entered from the street and not via the communal entrance to the block to which it is a part, its deeds say it can be used as a residence or a 'local' which means for business purposes. It could essentially be a restaurant or a shop. This is what is meant by 'un local'. It has always been a 3 bed apartment however. Perhaps it was registered as a local because it couldn't be registered as both. And this is better for the ayuntamiento. 

So if they aren't issuing licenses, then I don't need one?? Surely I have the right to rent my property. 

I would also love to hear from anyone who rents out a property without this license

You cannot rent out your apartment without a licence. You will be in big trouble with the authorities including the tax man if caught. Why did you invite guests when unsure about licensing? It could take years.

Steve 

The rules were brought in for many reasons and a lot of notice was given.
Tourist properties worldwide have caused problems for neighbours and had negative affects on house prices for locals and being ghost towns out of season.
The hotel industry here has a lot of clout and they successfully petitioned the government.
Holiday home owners often didn't pay tax.
There was no regulation over the quality of these lets. Newspaper reports showed apartments with beds on the balconies and Spain did not want to become known for examples such as this. They have also limited the All Inclusive option, banned happy hours, 2 for 1 drinks, booze cruises etc in known trouble areas.
Just as in other countries, Spain has reacted to the problems.
I wasn't aware of Guardamar but Algorfa have refused to give licences as well (last I heard). These are traditional Spanish towns which appear to have decided that they want to continue to be traditional Spanish towns.
Estate agents are not regulated here and some choose the "I know nothing" approach to Tourist Licences. They are either being evasive or shouldn't be estate agents.
Did you tell the estate agent and your independent abogado that your intention was to rent the property out for tourists?
Now you have no option but to cancel all bookings as you cannot even legally advertise without a licence. You risk heavy fines and your guests being thrown out on the spot by the Guardia Civil and possibly fined as well. Neighbours are likely to report it.

Hi Emma,

"So if they aren't issuing licenses, then I don't need one??"  

Wrong.  You have to obtain a Compatability Certificate from your Town Hall, which verifies that your property meets the minimum standard required of a holiday rental.  If Guardamar has ceased issuing the certificates, you can't apply for the Tourist Licence.  

"Surely I have the right to rent my property."

Yes, you can rent your property for a minimum of 3 months to the same renter, but you can't rent for short-term holiday lets, i.e. 1 or 2 weeks, to multiple renters without the Tourist Licence.

Kind regards,

Kim

Hello

 Just an added bit of info. The   Tourist License for  the Valencian Community  became  mandatory in 2018 & fines for property owners & (sometimes illegal renter) are very high

Cheers

Elinspain

Just to clarify, Tourist Licenses became compulsory throughout Spain in 2015 when a law was passed changing the requirement from people who owned two or more rental properties requiring properties to be Licenses to every tourist rental requiring a License.  there is nothing new about these requirements, (in fact the original law for multiple ownership of holiday lettings needing licenses is from 2009 and has been amended twice, once to two properties and then to one).  Valencia region gave owners three years to get legal.  In January 2018 they announced they were cracking down from June that year and the online websites were told they would be fined for displaying unlicensed properties.  But in July 2018 Valencia region brought in, at very short notice, the need for the Town Halls to issue a Compatibility Certificate for all new License applications.  So anyone who was already renting was able to get their TL sorted before the crackdown and before the new Certificate from the Town Hall was introduced.  

Some Town Halls do not issue them at all (eg Algorfa and Pilar), some will issue them for certain communities that they consider to be 'tourist accommodation' rather than residential accommodation (which was how Guardamar were originally doing things but that may have changed to not issuing any now).  Some Town Halls do them quickly (eg Torrevieja) and some take over a year (eg Orihuela Costa) but even in Town Hall areas where they still issue Certificates a community can list themselves as not to have any more TL allowed or the Town Hall can insist on a written agreement after approval at an AGM before a house/apartment can be issued with a Certificate (San Miguel practice this).

No Certificate means you cannot apply for the Tourist License.  No License means you cannot legally do holiday lettings.  You CAN still let your property for residential purposes.

As already pointed out, a requirement under our regions regulations includes including your License number in all forms of advertising, so without a License you should not be advertising let alone taking bookings.

Family and friends are permitted to use your apartment for FREE only as any payment constitutes rental income and is liable for tax.  

I don't know how long you have owned your apartment, or who you spoke to before buying to research the laws in Spain on holiday letting, but we always advise people to ensure they use an independent local solicitor who knows about the local Town Hall policy on holiday rentals and understands the License requirements so they can do the relevant checks BEFORE you sign any agreement if buying a property that you intend to use for holiday rentals.  I realise that advise is too late for you, Emma, but please pass it on to others.  Don't assume that laws in Spain are the same as in the UK (where the holiday rental business is unmonitored and unregulated).  Spain sets a minimum standard on rooms sizes, equipment, facilities and sets max number of people allowed to stay in a property.

Hi there 

Can anyone clarify the period that a property can be let without a licence? I have read both eleven, and three months? I think that an eleven month let gives the renter a lot of rights and is maybe best avoided, but a three month let to the same person may be worth considering if it can be done without a licence?

Thanks jukie