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Davebev1

Posted: Sat Apr 25, 2020 12:22pm

Davebev1

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Posted: Sat Apr 25, 2020 12:22pm

marauder wrote on Sat Apr 25, 2020 10:19am:

Hi , just for information should anyone else be considering such an option. If you only intend to allow your property to be used on a word of mouth basis, i.e no commercial advertising i.e internet you don't need a licence but you must still meet all other requirements with regard to space and fa...

...cilities.

Kind regards andthanks to all who replied.

Paul

If you are taking money for the rental you need a license, simple.  It doesn't matter if you are only advertising by 'word of mouth', if it is rented out it needs a license and you have to do your tax return, paying appropriate tax on the income.  The license is not just for advertising purposes, it is a legal requirement for properties let on a holiday/short-term basis.  You should also have suitable insurance as a holiday let, which would not be valid if it is not licensed.

marauder

Posted: Sat Apr 25, 2020 2:13pm

marauder

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Posted: Sat Apr 25, 2020 2:13pm

Thanks , I read the requirements and it does say you don't need to register in the situation I have described. It does say you have to comply with all other requirements tax etc. Am I reading it incorrectly

Thanks

Paul

Davebev1

Posted: Sat Apr 25, 2020 3:43pm

Davebev1

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Posted: Sat Apr 25, 2020 3:43pm

marauder wrote on Sat Apr 25, 2020 2:13pm:

Thanks , I read the requirements and it does say you don't need to register in the situation I have described. It does say you have to comply with all other requirements tax etc. Am I reading it incorrectly

Thanks

Paul

I would be interested in seeing the official documentation for what you are saying.  

I can't see how you can comply with "all other requirements" as one such requirement is that if someone is paying to rent the property then their details would need to be registered with the Guardia Civil on arrival by the owner/keyholder/manager via the dedicated site.  You cannot apply for your personal login details for that site without a license number.  How can you comply with the requirement to display the official plaque if you don't have one? 

Also you would be declaring rental income on an unlicensed holiday let so that would be bound to raise questions.  Plus, if not licensed then in the event of something happening you would almost certainly find the insurance is invalid.

If you are allowing your friends and family to use the accommodation for free then you are not renting it out, but if they are paying then the rental laws apply.  The fines for renting an unlicensed property are huge, can be tens of thousands of euros, so is it even worth taking the risk of not getting the license which will cost you very little (if done your self) except your time?

marauder

Posted: Sat Apr 25, 2020 4:03pm

marauder

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Posted: Sat Apr 25, 2020 4:03pm

Davebev1 wrote on Sat Apr 25, 2020 3:43pm:

I would be interested in seeing the official documentation for what you are saying.  

I can't see how you can comply with "all other requirements" as one such requirement is that if someone is paying to rent the property then their details would need to be registered with the Guardia Civil on arrival by the owner/keyholder/manager via the dedicated site.  You cannot apply for...

... your personal login details for that site without a license number.  How can you comply with the requirement to display the official plaque if you don't have one? 

Also you would be declaring rental income on an unlicensed holiday let so that would be bound to raise questions.  Plus, if not licensed then in the event of something happening you would almost certainly find the insurance is invalid.

If you are allowing your friends and family to use the accommodation for free then you are not renting it out, but if they are paying then the rental laws apply.  The fines for renting an unlicensed property are huge, can be tens of thousands of euros, so is it even worth taking the risk of not getting the license which will cost you very little (if done your self) except your time?

Hi, look I only asked a question if you are right and the document is wrong or if I have interpreted it wrongly no problem

http://www.moraira-info.com/Articles/Renting-Regulations-Comply.htm#ANNEX_-_Technical_requirements_for_the_selected_categories

Paul

Davebev1

Posted: Sat Apr 25, 2020 4:23pm

Davebev1

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Posted: Sat Apr 25, 2020 4:23pm

marauder wrote on Sat Apr 25, 2020 4:03pm:

Hi, look I only asked a question if you are right and the document is wrong or if I have interpreted it wrongly no problem

http://www.moraira-info.com/Articles/Renting-Regulations-Comply.htm#ANNEX_-_Technical_requirements_for_the_selected_categories

Paul

Paul, we are trying to help and explain the legalities, not criticising.  The document you refer to does say you need to include the license number on advertising but the license is not just for advertising purposes, it is a requirement for renting out for holiday purposes. 

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marauder

Posted: Sat Apr 25, 2020 4:43pm

marauder

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Posted: Sat Apr 25, 2020 4:43pm

Hi, just seeking clarification here.

How can you obtain a licence number to display, if you are exempt from having to register. I did say earlier that you would still have to comply with all other aspects of the requirements

3 in the link, exemptions from registration states

The owner of a single property who does not commercialise.

Can you explain this to me

Thanks

Stevec61

Posted: Sat Apr 25, 2020 5:34pm

Stevec61

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Posted: Sat Apr 25, 2020 5:34pm

Hi Paul

The information that you have attached states:

The Tourist Authority for Valencia has introduced new regulations concerning the renting of tourist establishments, which became effective on 4th July 2009. DECREE 92/2009

Though I haven’t read anything since, I am pretty sure that there will newer, up-to-date regulations for referring to now, something which DaveBev1 will likely be aware of?

Davebev1

Posted: Sat Apr 25, 2020 5:53pm

Davebev1

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Posted: Sat Apr 25, 2020 5:53pm

marauder wrote on Sat Apr 25, 2020 4:43pm:

Hi, just seeking clarification here.

How can you obtain a licence number to display, if you are exempt from having to register. I did say earlier that you would still have to comply with all other aspects of the requirements

3 in the link, exemptions from registration states

The owner of a single property who does not commercialise.

Can you explain this to me

Thanks

This is a very out of date article - dated 2009.  The rules changed to all properties in 2015.

Davebev1

Posted: Sat Apr 25, 2020 5:58pm

Davebev1

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Posted: Sat Apr 25, 2020 5:58pm

Stevec61 wrote on Sat Apr 25, 2020 5:34pm:

Hi Paul

The information that you have attached states:

The Tourist Authority for Valencia has introduced new regulations concerning the renting of tourist establishments, which became effective on 4th July 2009. DECREE 92/2009

Though I haven’t read anything since, I am pretty sure that there will newer, up-to-date regulations for referring to now, something which DaveBev1 will likely be aware of?

Yes, rules changed in May/June 2015 to include ALL holiday let properties.  There have been several amendments since then, including the need to display a plague, complaints forms, Guardia Civil registration and the need to obtain a Certificate of Compatibility from the Town Hall before you can apply for the license (July 2018).  Plus communities can now opt to not allow new registrations of properties within their community or to increase the community fees for new registrations.

marauder

Posted: Sat Apr 25, 2020 6:45pm

marauder

Original Poster

Posts: 74

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Joined: 15 Feb 2018

Posted: Sat Apr 25, 2020 6:45pm

Davebev1 wrote on Sat Apr 25, 2020 5:58pm:

Yes, rules changed in May/June 2015 to include ALL holiday let properties.  There have been several amendments since then, including the need to display a plague, complaints forms, Guardia Civil registration and the need to obtain a Certificate of Compatibility from the Town Hall before...

... you can apply for the license (July 2018).  Plus communities can now opt to not allow new registrations of properties within their community or to increase the community fees for new registrations.

Thanks to all for the input but non the wiser. Will try to find copy of new regs

Kind regards

Paul

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