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Beware! Tourist licence warning. - Page 3

ColinL

Posted: Mon Nov 26, 2018 9:38am

ColinL

Original Poster

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Posts: 114

124 helpful points

Location: La Marina

Joined: 12 Mar 2017

Posted: Mon Nov 26, 2018 9:38am

Useful information here re long lets. I agree that there's clearly a strategy to encourage long lets at the expense of tourist lets. This is part of national government policy and definitely will encourage landlords to move over to long lets as the rules for obtaining tourist lets are so difficult and fines are so punitive for non compliance.  My only point of concern regarding long lets is around tenants' rights versus landlords' rights. I haven't done much research yet and as usual with everything, rumours abound. I've been told that tenants with children can stay on indefinitely once they are in. I've also been told that 11 month leases get around this and 11 month leases have been common for that reason but I've also now heard that 11 month leases are actually illegal, so the comment above about 3 year minimum leases sounds credible to me. Another potential nightmare!  More research on my part needed, methinks. 

pauline7

Posted: Mon Nov 26, 2018 10:48am

Posts: 25

13 helpful points

Location: Villamartin

Joined: 19 Jan 2017

Posted: Mon Nov 26, 2018 10:48am

Ancient Printer wrote on Mon Nov 26, 2018 9:15am:

Long lets do not come under the holiday lets rules. The government wants to encourage these whilst discouraging holiday lets to protect the hotels. The contract is called "vivienda" and you must be prepared to rent for three years (shortly to be upped to five as it was not so long ago). The tenan...

...t can give you one month's notice to leave  but you as landlord are commited for three years. You can raise the rent annually in line with the index IPC. From my point of view, it's much less hassle than holiday letting and more rewarding also especially with the tax relief of 60% of income which can't be claimed for holiday lets. If you live outside Spain it's best to get an agent to give you a full management service as we do for the small house we own in England.

Thanks very much for your informative reply. I wrote the question as a tenant not as a landlord. It sounds good news to me as I have rented before but had to leave after 5 months because the landlord wanted holiday lets.

Hopefully landlords will look at it for the future as not everybody can live in Spain full time even though its a great place to be. Thanks.

Ancient Printer

Posted: Mon Nov 26, 2018 12:55pm

Ancient Printer

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241 helpful points

Location: Javea / Xàbia

Joined: 4 Jan 2017

Posted: Mon Nov 26, 2018 12:55pm

Actually the landlord had no right to eject you for holiday lets! But I suppose that's history. The 11 month idea is an old myth. If you take a lease for 11 months and the landlord trys to evict you, you can go to court and resist the eviction. Since you would have made it your home, the "vivienda" rules apply and you can enforce the three years stay. He can only evict you earlier if he personally wishes to live there AND  for family reasons has nowhere else to go. The rules are overwhelmingly in favour of the tenant though this is slowly changing.

Meyer

Posted: Sat Nov 18, 2023 1:44pm

Posts: 2

Location: La Marina

Joined: 18 Nov 2023

Posted: Sat Nov 18, 2023 1:44pm

Can you advise who can apply for a tourist licence for my property and the approximate cost.Would it be a lawyer or architect?

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Kimmy11

Posted: Sat Nov 18, 2023 4:31pm

Kimmy11

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Posted: Sat Nov 18, 2023 4:31pm

Meyer wrote on Sat Nov 18, 2023 1:44pm:

Can you advise who can apply for a tourist licence for my property and the approximate cost.Would it be a lawyer or architect?

Hi Meyer and welcome to the forum,

In the first instance, you need to check that San Fulgencio Ayuntamiento (Town Hall) would issue the Certificate of Conformity required to apply for the Tourist Licence; no need to incur the cost of a lawyer or an architect at this first stage.  If your Ayuntamiento advises that they would issue a Certificate of Conformity, then either you can apply for the Tourist Licence yourselves, or appoint a gestoría (cheaper than a lawyer) to do this on your behalf.

We have a member, Davebev1, who is very knowledgeable on this matter - search in "Spain Tips and Guides", at the top of the page, for their guide on how to apply for the Tourist Licence.

Kind regards, 

Kim

Hildaham

Posted: Sun Nov 19, 2023 12:05pm

Posts: 67

43 helpful points

Location: Rojales

Joined: 23 Aug 2016

Posted: Sun Nov 19, 2023 12:05pm

Hi

You may find this useful from page 6191 onwards  which sets out the requirements. It's in Spanish, but you can copy and translate page.

Good luck.

https://dogv.gva.es/datos/2021/02/08/pdf/2021_999.pdf

Meyer

Posted: Tue Nov 21, 2023 4:50pm

Posts: 2

Location: La Marina

Joined: 18 Nov 2023

Posted: Tue Nov 21, 2023 4:50pm

Hi

Thanks for the information so far

It seems you can either do a long term rental (potentially 5 ) years or holiday rental subject to tourist licence.Nothing in between?

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