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Tourist rental licence required - Page 8

JoelTeague

Posted: Sat May 1, 2021 1:19pm

Posts: 15

6 helpful points

Location: Algorfa

Joined: 28 Jun 2019

Posted: Sat May 1, 2021 1:19pm

Scoobies wrote on Wed Aug 26, 2020 2:20pm:

Hi  I have been trying to gain a tourist licence now for just over 2 years, I sent all my paperwork in and was refused but I have a mortgage based on the rental revenue that was forecast at the time of purchase. The agent selling never once informed there would be any problem with the licenc...

...es nor did my solicitor.

I have sent the Mayor messages asking for clarification to the situation and I get the reply that its being looked into. Its totally unfair the situation on La Finca and Montebello, the village I can understand the need to keep those properties for residents but not the other urbanisations.

I have spoken to so many different companies in the past 2 years trying to get more information but always seem to hit the same brick wall. I have considered selling up  due to the problems with the licence and the severe lack of information or concern of those of us who bought believing we could rent.

I was told the land did not comply to be granted the compatibility certificate which if that is the case then those who gained a licence prior to the new rules in 2018 are their licences valid. some of the business owners on La Finca are aware of this issue but I do think they need to be a bit more proactive as well as it would benefit them as well if we had more tourists in the area.

https://www.facebook.com/groups/3747206878722022

swcoulthurst

Posted: Sat May 1, 2021 8:07pm

swcoulthurst

Very helpful member

Posts: 1171

931 helpful points

Location: Mutxamel

Joined: 11 Nov 2015

Posted: Sat May 1, 2021 8:07pm

We own an apartment that we bought for rental income. We managed to get a certificate after a long time. Loads of hassle about the address with changes over the years and different on the cadastral register, now sorted and rectified. The agents had no intention of saying anything about the rental regulations, luckily we already knew about them. They were also very cagey when we questioned them about the rules. Here difficult (if not impossible) for a licence above the second floor. All the agents are interested in is their commission. 

Sam78

Posted: Sun May 30, 2021 12:40am

Posts: 4

Location: Algorfa

Joined: 29 May 2021

Posted: Sun May 30, 2021 12:40am

swcoulthurst wrote on Sat May 1, 2021 8:07pm:

We own an apartment that we bought for rental income. We managed to get a certificate after a long time. Loads of hassle about the address with changes over the years and different on the cadastral register, now sorted and rectified. The agents had no intention of saying anything about the rental...

... regulations, luckily we already knew about them. They were also very cagey when we questioned them about the rules. Here difficult (if not impossible) for a licence above the second floor. All the agents are interested in is their commission. 

Can I ask where your apartment is? I've just sat a read this whole thread as were due to complete on a property in Lo Crispin, Algorfa, and were completely unaware of this problem until a couple of days ago. Our estate agent claims to know nothing about all of this and tried to assure me that everything will be ok and it's just because of covid, which I'm pretty sure it isn't! But if you've just had yours approved, could this be a break through?

swcoulthurst

Posted: Sun May 30, 2021 1:09am

swcoulthurst

Very helpful member

Posts: 1171

931 helpful points

Location: Mutxamel

Joined: 11 Nov 2015

Posted: Sun May 30, 2021 1:09am

Sam78 wrote on Sun May 30, 2021 12:40am:

Can I ask where your apartment is? I've just sat a read this whole thread as were due to complete on a property in Lo Crispin, Algorfa, and were completely unaware of this problem until a couple of days ago. Our estate agent claims to know nothing about all of this and tried to assure me that eve...

...rything will be ok and it's just because of covid, which I'm pretty sure it isn't! But if you've just had yours approved, could this be a break through?

Ours is El Campello. Apartments are the main problems for the licence. Villas are not as bad. No way an estate agent isn t aware of the licence criteria. It's not new. Ours took a while but some of the problems were down to the address. Lots of properties in Spain have a different address than the deeds. Apartments in some areas can only be ground floor and 1st floor for licence. Some communities can block licences. There are loads of reasons for not getting a licence. Lo Crispin if I recall is villas so should be ok. Worth a google search on tourist licence in Valencian community. We do also have a tourist licence on our villa and that was pretty straight forward at the time, but we dont use that one. Was just in case we decided to rent that at any point.

Scoobies

Posted: Sun May 30, 2021 1:37am

Posts: 25

11 helpful points

Location: La Finca

Joined: 23 Mar 2017

Posted: Sun May 30, 2021 1:37am

Sam78 wrote on Sun May 30, 2021 12:40am:

Can I ask where your apartment is? I've just sat a read this whole thread as were due to complete on a property in Lo Crispin, Algorfa, and were completely unaware of this problem until a couple of days ago. Our estate agent claims to know nothing about all of this and tried to assure me that eve...

...rything will be ok and it's just because of covid, which I'm pretty sure it isn't! But if you've just had yours approved, could this be a break through?

Ours is on la finca 3 years so far and still waiting for the town hall to rectify the problem.

So far its been a nightmare

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Sam78

Posted: Sun May 30, 2021 8:37am

Posts: 4

Location: Algorfa

Joined: 29 May 2021

Posted: Sun May 30, 2021 8:37am

swcoulthurst wrote on Sun May 30, 2021 1:09am:

Ours is El Campello. Apartments are the main problems for the licence. Villas are not as bad. No way an estate agent isn t aware of the licence criteria. It's not new. Ours took a while but some of the problems were down to the address. Lots of properties in Spain have a different address than th...

...e deeds. Apartments in some areas can only be ground floor and 1st floor for licence. Some communities can block licences. There are loads of reasons for not getting a licence. Lo Crispin if I recall is villas so should be ok. Worth a google search on tourist licence in Valencian community. We do also have a tourist licence on our villa and that was pretty straight forward at the time, but we dont use that one. Was just in case we decided to rent that at any point.

As far as I'm aware, the whole of Algorfa is being refused. 

We really don't want to make a mistake either way. We'd hate to pull out then find out that it all would have been ok. Then on the other hand if we go through with completion and we can't get the license than that will be a huge financial burden for us.

Davebev1

Posted: Sun May 30, 2021 9:51am

Davebev1

Legendary helpful member

Posts: 1594

2237 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Sun May 30, 2021 9:51am

Sam78 wrote on Sun May 30, 2021 12:40am:

Can I ask where your apartment is? I've just sat a read this whole thread as were due to complete on a property in Lo Crispin, Algorfa, and were completely unaware of this problem until a couple of days ago. Our estate agent claims to know nothing about all of this and tried to assure me that eve...

...rything will be ok and it's just because of covid, which I'm pretty sure it isn't! But if you've just had yours approved, could this be a break through?

Lo Crispin comes under Algorfa, you have seen from discussion that Algorfa Town Hall do not process any Compatibility Certificates and without that you cannot apply for the Tourist License.  All estate agents should be aware of the regulations (Licenses compulsory since 2015) and all local agents should be aware of the problems with Licenses in Algorfa (and elsewhere) and they should also be aware of the requirements on the property - no excuses, they have had 6 years to get to grips with this now.  But it is your own legal team who are paid to advise you and know the law, including local Town Hall restrictions, so they should have informed you from the start (assuming they know you want to rent it out).  We tell people to make it clear to their legal representative that obtaining a Tourist License is vital and get initial checks done before signing anything: check the current situation for the local Town Hall and with the community administrator, plus that the property meets regulations (or can easily be made to do so - eg. you can add smoke detectors and fire extinguishers etc but can't change a bathroom size so easily), and also the local waiting times for Certificates.

If you are dependent on the rental income to buy the property then buying in Algorfa Town Hall area is a problem - you will only be able to let long-term, meaning you cannot use it yourself.  If the property already has a Tourist License then it remains valid and is transferable to the name of the new owner.

Sadly you need to make a big decision.

  

Sam78

Posted: Sun May 30, 2021 10:20am

Posts: 4

Location: Algorfa

Joined: 29 May 2021

Posted: Sun May 30, 2021 10:20am

Davebev1 wrote on Sun May 30, 2021 9:51am:

Lo Crispin comes under Algorfa, you have seen from discussion that Algorfa Town Hall do not process any Compatibility Certificates and without that you cannot apply for the Tourist License.  All estate agents should be aware of the regulations (Licenses compulsory since 2015) and all local a...

...gents should be aware of the problems with Licenses in Algorfa (and elsewhere) and they should also be aware of the requirements on the property - no excuses, they have had 6 years to get to grips with this now.  But it is your own legal team who are paid to advise you and know the law, including local Town Hall restrictions, so they should have informed you from the start (assuming they know you want to rent it out).  We tell people to make it clear to their legal representative that obtaining a Tourist License is vital and get initial checks done before signing anything: check the current situation for the local Town Hall and with the community administrator, plus that the property meets regulations (or can easily be made to do so - eg. you can add smoke detectors and fire extinguishers etc but can't change a bathroom size so easily), and also the local waiting times for Certificates.

If you are dependent on the rental income to buy the property then buying in Algorfa Town Hall area is a problem - you will only be able to let long-term, meaning you cannot use it yourself.  If the property already has a Tourist License then it remains valid and is transferable to the name of the new owner.

Sadly you need to make a big decision.

  

Thank you. This is what I needed to hear..straight talking, no maybe's or there might be a chance!

I need to talk with my solicitor as she is fully aware that we want to rent out, as are the estate agent we are buying through! I think our decision is made and I'm so glad I stumbled across all this information before completing on the property. 

Thank you again 

swcoulthurst

Posted: Sun May 30, 2021 10:50am

swcoulthurst

Very helpful member

Posts: 1171

931 helpful points

Location: Mutxamel

Joined: 11 Nov 2015

Posted: Sun May 30, 2021 10:50am

Sam78 wrote on Sun May 30, 2021 10:20am:

Thank you. This is what I needed to hear..straight talking, no maybe's or there might be a chance!

I need to talk with my solicitor as she is fully aware that we want to rent out, as are the estate agent we are buying through! I think our decision is made and I'm so glad I stumbled across all this information before completing on the property. ...

...

Thank you again 

Goid to see your reply from someone who knows the area. I'm from the other side of Alicante  as quite rightly said, the agent 'is'' or 'should' be fully aware of the rental licence situation in their area. They choose not to tell you as they want their commission. Do as much research as you can on this and if you choose another area if necessary. Question the agent and if they sound vague, use that as a warning. As said before this is not new. Good luck finding a suitable property.

Sam78

Posted: Sun May 30, 2021 12:21pm

Posts: 4

Location: Algorfa

Joined: 29 May 2021

Posted: Sun May 30, 2021 12:21pm

swcoulthurst wrote on Sun May 30, 2021 10:50am:

Goid to see your reply from someone who knows the area. I'm from the other side of Alicante  as quite rightly said, the agent 'is'' or 'should' be fully aware of the rental licence situation in their area. They choose not to tell you as they want their commission. Do as much research as you ...

...can on this and if you choose another area if necessary. Question the agent and if they sound vague, use that as a warning. As said before this is not new. Good luck finding a suitable property.

Thank you for taking time to message me. Yes it's all very worrying as there are another 4 properties in the street that have been sold and I'm assuming they're not all for people to live in permanently given the Brexit situation! 

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