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10 day max holiday rental

Posted: Sun Sep 22, 2024 12:02pm
36 replies7 members subscribed
marydoyle1

Posts: 99

20 helpful points

Location: Cabo Roig

Joined: 19 Feb 2022

Does anyone have more information about a new restriction on the number of days a property can be let for short term holidays? For all of the Valencian community.

Flyingduck81

Posted: Sun Sep 22, 2024 12:19pm

Flyingduck81

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Posts: 458

438 helpful points

Location: Albatera

Joined: 28 Dec 2017

Posted: Sun Sep 22, 2024 12:19pm

Yes, it's ridiculous.
Google for lots of information but if you have a specific question we can try to help.

Flyingduck81

Posted: Sun Sep 22, 2024 1:29pm

Flyingduck81

Helpful member

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438 helpful points

Location: Albatera

Joined: 28 Dec 2017

Posted: Sun Sep 22, 2024 1:29pm

Or look on the sister site "Talk Quesada", 

marydoyle1

Posted: Sun Sep 22, 2024 2:01pm

marydoyle1

Original Poster

Posts: 99

20 helpful points

Location: Cabo Roig

Joined: 19 Feb 2022

Posted: Sun Sep 22, 2024 2:01pm

Thanks for those replies. I've found a steam on here now, which discusses it in depth. 

I wonder why they should make this rule as the number of spanish tourists probably hasn't changed much over the years as, traditionally, people from inland Spain flock to the cooler coast in the summer. So it must be just foreign tourist numbers that have increased and caused "the problem"?

marcliff

Posted: Sun Sep 22, 2024 2:26pm

marcliff

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Posts: 2799

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Location: Rojales

Joined: 5 Jan 2023

Posted: Sun Sep 22, 2024 2:26pm

marydoyle1 wrote on Sun Sep 22, 2024 2:01pm:

Thanks for those replies. I've found a steam on here now, which discusses it in depth. 

I wonder why they should make this rule as the number of spanish tourists probably hasn't changed much over the years as, traditionally, people from inland Spain flock to the cooler coast in the summer. So it must be just foreign tourist numbers that have increased and caused "the problem"?...

...

Not so much the tourist but the foreign people buying up property purely for rentals or offering it on Air Bnb etc. Already explained rentals in some cities have doubled in the last 5 years whereas wages haven't and people in Barcelona, Valencia, Alicante and others are being forced out of the cities they work in as they are unable to pay the high rents.

Would also expect the hotel industry to have complained due to low bookings (although many have reported record attendance this year).

Now 1 to 10 days is the limit for those advertising on tourist sites but longer lets, from 11 days to 11 months, can be made but as seasonal lets for education, work (both digital nomad and with companies) or accommodation whilst looking round for somewhere to buy. It's just these will not be bound by the tourist rules and will have to have full leases and resident protection such as time limits for lease cancellations and other things. No license is required for that but resident protection clauses come into play

Long term rentals of more than 11 months can also be offered with residence protection agreements as well. Again, no license required but, like seasonal rents, can be subject to inspection.

Also pointed out the number of 30 year old plus who are having to move back in with parents due to high rents.

Some municipalities have stopped tourist rentals entirely, others restricting them to non residential areas but the maximum for tourist rental on the license is now 10 days and the license will expire after 5 years or after 2 months if no rentals are taken up. 

One clause is that if you have a tourist license, you cannot swap and change so you can't have a few 10 day tourists staying and then offer it to seasonal renters and then back to tourist rentals to take advantage of higher charges in the tourist seasons. 

We have 3 owners on our community under warning for not having a tourist license after some complaints about residences being more like hotels and lots of bad behaviour. I know we had 5 properties bought purely for rental to tourists and owner of those hasn't even visited since buying some 14 years or so ago. A foreign buyer so income from the rentals doesn't come into Spain but at least he had licenses so should be paying tax although he often defaults on his community fees. 

Whether the 3 under warning will have sanctions or fines is yet to be known. It could be a big fine or simply a warning not to do it in future but we need to wait and see about that one. 

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George55

Posted: Sun Sep 22, 2024 3:00pm

George55

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Posted: Sun Sep 22, 2024 3:00pm

marcliff wrote on Sun Sep 22, 2024 2:26pm:

Not so much the tourist but the foreign people buying up property purely for rentals or offering it on Air Bnb etc. Already explained rentals in some cities have doubled in the last 5 years whereas wages haven't and people in Barcelona, Valencia, Alicante and others are being forced out of the ci...

...ties they work in as they are unable to pay the high rents.

Would also expect the hotel industry to have complained due to low bookings (although many have reported record attendance this year).

Now 1 to 10 days is the limit for those advertising on tourist sites but longer lets, from 11 days to 11 months, can be made but as seasonal lets for education, work (both digital nomad and with companies) or accommodation whilst looking round for somewhere to buy. It's just these will not be bound by the tourist rules and will have to have full leases and resident protection such as time limits for lease cancellations and other things. No license is required for that but resident protection clauses come into play

Long term rentals of more than 11 months can also be offered with residence protection agreements as well. Again, no license required but, like seasonal rents, can be subject to inspection.

Also pointed out the number of 30 year old plus who are having to move back in with parents due to high rents.

Some municipalities have stopped tourist rentals entirely, others restricting them to non residential areas but the maximum for tourist rental on the license is now 10 days and the license will expire after 5 years or after 2 months if no rentals are taken up. 

One clause is that if you have a tourist license, you cannot swap and change so you can't have a few 10 day tourists staying and then offer it to seasonal renters and then back to tourist rentals to take advantage of higher charges in the tourist seasons. 

We have 3 owners on our community under warning for not having a tourist license after some complaints about residences being more like hotels and lots of bad behaviour. I know we had 5 properties bought purely for rental to tourists and owner of those hasn't even visited since buying some 14 years or so ago. A foreign buyer so income from the rentals doesn't come into Spain but at least he had licenses so should be paying tax although he often defaults on his community fees. 

Whether the 3 under warning will have sanctions or fines is yet to be known. It could be a big fine or simply a warning not to do it in future but we need to wait and see about that one. 

When you say they are "under warning" - who are they under warning from? The police or the administrators?

I hope it would be the former although not sure the police would propose such a thing as there is either a criminal offence which is prosecuted or their isn't? I guess they could be issued with a final warning by the police along the lines of "we know what you're doing, we're watching you" type thing.

Hopefully in the situation you're experiencing, those illegal lets do experience the full force of the law and associated fines. And furthermore, hopefully those fines are funnelled into bolstering the enforcement regime for those operating illegally. I recall I did a quick check around us and probably 50% or more of those advertised on the main well known sites didn't quote a tourist licence.

I think I might make it one of my jobs in the winter to go round and visit a few of those advertised (given they quite often show the number of the property on the photos and so it is easy to cross reference with the tourist licence register) and report them. Should help on the daily step count!

marcliff

Posted: Sun Sep 22, 2024 3:34pm

marcliff

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Posts: 2799

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Location: Rojales

Joined: 5 Jan 2023

Posted: Sun Sep 22, 2024 3:34pm

Council as far as I know. Will get more info at our AGM at the end of next week.

My understanding is that the council can block access to illegal properties if the warning is not adhered to but will find out a bit more later.

George55

Posted: Sun Sep 22, 2024 3:42pm

George55

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Posted: Sun Sep 22, 2024 3:42pm

marcliff wrote on Sun Sep 22, 2024 3:34pm:

Council as far as I know. Will get more info at our AGM at the end of next week.

My understanding is that the council can block access to illegal properties if the warning is not adhered to but will find out a bit more later.

Thanks - in due course it would be good to know the process that has been followed to get you/your community this far as I suspect self-policing of such issues is the only way they are likely to be brought to the attention of the authorities and ultimately resolved for the benefit of all concerned (except those operating illegally obviously!)

Flyingduck81

Posted: Sun Sep 22, 2024 4:23pm

Flyingduck81

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Posts: 458

438 helpful points

Location: Albatera

Joined: 28 Dec 2017

Posted: Sun Sep 22, 2024 4:23pm

This is the thing, under warning for what? If they are renting without a licence there shouldn't have to be a warning. The old law was good enough, local town halls and communities had a say on how many licences were issued, those with licences paid their taxes, tourists had a lovely holiday....win, win. What failed was enforcement and I blame presidents, administrators and town halls for doing nothing about it. 

New properties are being built in their thousands but at prices over €300K then we all know who are going to be buying them. Why don't councils build low cost housing purely for citizens instead of being greedy. I don't mean slums, I mean decent quality housing which is subsidised partly through the taxes paid on legitimate tourist lets, partly through IBI and partly from national funds, for example. 

All the new properties being built are aimed at tourists, so let's blame the tourists! Sounds a little bit mad to me.

RonTT

Posted: Sun Sep 22, 2024 4:28pm

RonTT

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Posts: 575

547 helpful points

Location: Santa Pola

Joined: 26 Nov 2022

Posted: Sun Sep 22, 2024 4:28pm

marydoyle1 wrote on Sun Sep 22, 2024 2:01pm:

Thanks for those replies. I've found a steam on here now, which discusses it in depth. 

I wonder why they should make this rule as the number of spanish tourists probably hasn't changed much over the years as, traditionally, people from inland Spain flock to the cooler coast in the summer. So it must be just foreign tourist numbers that have increased and caused "the problem"?...

...

I would be surprised if it were foreign tourist numbers, we have been coming here for years and since COVID we are amazed how few visitor's/ tourists / golf parties there are, it amazes me how local bars etc can actually afford to stay in business and with these new tourist housing regs I would foresee quite a few local businesses going under.

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