Is renting your house as a holiday let still a viable option? Part three – - General property discussion in Playa Flamenca - Playa Flamenca forum - Costa Blanca forum in the Alicante province of Spain
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Is renting your house as a holiday let still a viable option? Part three –

Davebev1Posted by Davebev1 on Sun Sep 16, 2018 11:21pm
16 replies829 views9 members subscribed

Is renting your house as a holiday let still a viable option? Part three 

So what do holiday-let owners need to do?

First, this is a blog not legal advice.  Second, rules change and new additional requirements will be added over time, so this relates to summer of 2018 and Alicante region only as I understand things currently.  In fact, as I write this, a new rule for the Valencian Communidad has just come in! 

As from 9th July 2018 all new applications will first need a certificate of compatibility from the local Town Hall.  There are over 500 Town Halls and it is likely each one will set their own criteria!  I have been told my Town Hall is estimating a waiting time of 2 months, but I suspect few Town Halls would have been ready on time, generally things get organised after the requirement has started!

Inspections have finally started too, which were not set up until recently in most areas, so more waiting while you take your turn in the queue for someone to check over the property before your licence is issued.

If you don’t want a large fine, then get legal!  You can either pay one of the legal companies who do them to get it for you at a very reasonable rate or fill out the form (which can be downloaded) and submit yourself.  You can attend the offices in Alicante in person, or take the completed form and supporting documents to the post office for stamping and post it.  There is also the option of doing the process on-line, you would need to be confident of your Spanish to do this.  There is a waiting time of approximately 3 months in Alicante (on top of your wait for the Town Hall’s certificate and inspector).

Now you have your licence you will need to purchase the official plague – it is a very bright red and not very attractive!  You display this close to the entrance door either inside or outside the property.  We opted for inside as it didn’t look very weatherproof or attractive, then we had a smaller, discreet plague made for outside.  You must also buy official complaints form and put up the official notice to tell your guests they are available; both are in Valenciano and Spanish only, it is unlikely anyone would want to complete the forms in triplicate and submit them, but you must still have them.

And then you must attend your local Guardia Civil (national police) station, in person, to register with them and obtain your passwords for their on-line register of visitors.  We were one of the early applicants and when we went into the station to ask about making the appointment a confused officer asked why he would want to know who was staying in our house!  He asked another officer, and another, who both shrugged.  So we asked our solicitor to phone them and she was able to make the appointment for the following day.  It seemed that at that time not even those who had to process your application knew anything about it!  But, it transpired, there was just ONE officer appointed to this job who spoke only Spanish and appeared to have all day to do just one set of forms.  I’m told that he is still the only one at that station and has a massive waiting list for appointments.  But without your user name and password you can’t access the site and submit the guests’ details, so you can’t legally rent out.  More delays in becoming legal.

The on-line form on the Guardia Civil site requires owners to enter various passport details for all those guests over 16 years of age.  Hotels have been doing this for years but have a scanner whereas we do it manually.  We added a clause to our contract to say that refusal to provide the details required under Spanish law in advance of their arrival would be treated as a cancellation of the contract by the renter as a protection against people refusing to provide the information when they arrive – no details received then no details provided of how to access the house!  It may seem a bit brutal, but they wouldn’t get their room keys in a hotel without their ID being scanned/shown, and why would anyone refuse if they have nothing to hide from the authorities?  And why should we pay a very heavy fine for their refusal to comply with the law?  We also added GDPR info to our web site, booking form and contract to state what we would need and what will be done with the info.

So, there you have it – how to rent out legally, just don’t expect to ‘get legal’ quickly!

Bev 

www.housebythepool.com

www.facebook.com/manuelhousebuddy

www.spanishdreamproperty.com

#spain #playaflamenca #costablanca #orihuelacostapropertyforsale #manuelhousebuddy


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Davebev1

Davebev1

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Alice2

Posted: Wed Sep 19, 2018 8:39pm

Posts: 98

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Location: Playa Flamenca

Joined: 23 Aug 2018

Posted: Wed Sep 19, 2018 8:39pm

Hi, 

If you know a property is being rented out and is definitely NOT legal who do you tell.

Davebev1

Posted: Wed Sep 19, 2018 9:07pm

Davebev1

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Posted: Wed Sep 19, 2018 9:07pm

I would guess that the Town Hall would probably be the place to start but probably wont have a member of staff to deal with it.  All renters must be entered onto a Guardia Civil web site so they may be interested as it is illegal to let unregistered.  Anyone adverting an unregistered let can also be prosecuted too.  Or contact to the office that issues the licenses  Conselleria D'Economia, Industria, Turisme I Ocupacio Servici Territorial de Turisme D'Alicant

You can telephone them on 965 934 889.

Alice2

Posted: Wed Sep 19, 2018 10:48pm

Posts: 98

26 helpful points

Location: Playa Flamenca

Joined: 23 Aug 2018

Posted: Wed Sep 19, 2018 10:48pm

Alice2 wrote on Wed Sep 19, 2018 8:39pm:

Hi, 

If you know a property is being rented out and is definitely NOT legal who do you tell.

Many thanks, maybe there could be an end to the madness of the people who have no regard whatsoever of the rules of our community, and think just because they have paid for a holiday,they are entitled to do what the hell they like and make us law abiding residents suffer. An end to the madness in sight sounds good.

jimtaylor

Posted: Thu Sep 20, 2018 4:39am

jimtaylor

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Alice2

Posted: Thu Sep 20, 2018 4:21pm

Posts: 98

26 helpful points

Location: Playa Flamenca

Joined: 23 Aug 2018

Posted: Thu Sep 20, 2018 4:21pm

Thank you Jim

french martini

Posted: Fri Sep 21, 2018 10:38am

french martini

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Posted: Fri Sep 21, 2018 10:38am

Yes, far easier to do it online. Nicola.

Lillibet01

Posted: Tue Aug 6, 2019 6:00pm

Posts: 3

1 helpful points

Location: Rojales

Joined: 6 Aug 2019

Posted: Tue Aug 6, 2019 6:00pm

Hi Davebev

Very interesting reading all your articles and hoping you can give me some advice.

We got our Tourist Licence back in 2016. Our Fiscal reps sorted it for us and went to Alicante for us as we live in the UK. When we went out to Spain later that year we displayed our evacuation plans, labelled all the sockets with voltage numbers, and have all other info you mentioned in a folder....rules and emergency numbers etc.

So I assumed we were covered. However now I read we have to register with Guardia which we will do straight away when we go over next month.

Our Fiscal rep said there is lady in Almoradi police station that deals with this on a Saturday. We don’t speak Spanish so am wondering how easy this is going to be. Or do you recommend another police station.

Also where we do buy this red plague to display?

Our Fiscal reps/accountants have offered to get us some of the Spanish complaint forms when they go to Alicante next. But do you also know where to buy those please in case we have to get them ourselves?

I thought we were all covered with everything when we were assigned our Licence number. Incidentally, we didn’t need to go to the Town Hall at the time...our reps have said we don’t need to as we have been issued our Licence already. So was this something that was brought out later in the process??

Sorry it’s a long email and I hope you don’t mind me asking you all these questions.

Thank you

Davebev1

Posted: Tue Aug 6, 2019 6:44pm

Davebev1

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Posted: Tue Aug 6, 2019 6:44pm

Lillibet01 wrote on Tue Aug 6, 2019 6:00pm:

Hi Davebev

Very interesting reading all your articles and hoping you can give me some advice.

We got our Tourist Licence back in 2016. Our Fiscal reps sorted it for us and went to Alicante for us as we live in the UK. When we went out to Spain later that year we displayed our evacuation plans, labelled all the sockets with voltage numbers, and have all other info you mentioned in a folder....rules and emergency numbers etc.

So I assumed we were covered. However now I read we have to register with Guardia which we will do straight away when we go over next month.

Our Fiscal rep said there is lady in Almoradi police station that deals with this on a Saturday. We don’t speak Spanish so am wondering how easy this is going to be. Or do you recommend another police station.

Also where we do buy this red plague to display?

Our Fiscal reps/accountants have offered to get us some of the Spanish complaint forms when they go to Alicante next. But do you also know where to buy those please in case we have to get them ourselves?

I thought we were all covered with everything when we were assigned our Licence number. Incidentally, we didn’t need to go to the Town Hall at the time...our reps have said we don’t need to as we have been issued our Licence already. So was this something that was brought out later in the process??

Sorry it’s a long email and I hope you don’t mind me asking you all these questions.

Thank you

Hi Lillibet

First, the new first stage of getting a certificate from the Town Hall is for those who started the procedure in or after July 2018, it isn't retrospective so don't need to worry about that.  And it's good to hear other people did this a few years ago too - I was beginning to think we were the only ones that actually did it back then!  The Guardia Forms also came in a year or so later, which is probably why you didn't know about it, and the plague and complaints forms later than that.

Where you register with the Guardia Civil depends on where the property is located.  We found it a straightforward process but you will need an appointment so maybe you can ask your fiscal rep to make the appointment for when you are there.  We just needed our NIE's, passports and license plus our keyholders details.  the officer who handled the application to register with them did not speak English (no reason why he should) so if that will be a problem for you then it may be worth asking someone who speaks Spanish to accompany you.

The template for the plague can be downloaded but if you go to a ferretaria that makes signs they will almost certainly have it anyway. It must be red, Pantone 485, 200x276mm, 6 microns.   There's a template on this site (but I can't remeber now exactly where, sorry) The editable PDF templates to create the display plaque are available to download here web www.turisme.gva.es 

The complaints forms are easiest ordered through your fiscal rep as it is the usual Spanish system of ordering and then paying at the bank and then confirming payment to get them.  www.chap.gva.es/web/tributos-y-juego/tributos-impuestos-declaracionestasas-046-consindustria 

Then the sign you display to say you have then can be downloaded as well. www.indi.gva.es/documents/161328197/161333046/Cartell+Fulls+de+Reclamacions+per+al+establiment/d6ad8c5a-30ae-468d-a60a-457f0c302524 

I hope that's helpful.  Bev

Lillibet01

Posted: Tue Aug 6, 2019 7:39pm

Posts: 3

1 helpful points

Location: Rojales

Joined: 6 Aug 2019

Posted: Tue Aug 6, 2019 7:39pm

Hi Be

Thank you so much for replying so quickly. I have been trawling the internet for ages to find more info. I clicked on the link for the plague but it is all in Spanish. I have tried opening up several links but no template for the red sign that I have come across. 

Also the other 2 links you gave me came up as error page. Not having much luck!!

We are in Quesada incidentally so wondering which is best Guardia to go to. Our Fiscal Reps/Office who do our taxes are now on their August holidays until August 19th...she did email me back from her home as they had only just closed that day but I don't want to bother them when closed really! This renting is a nightmare but I just want it all sorted.

Do you know of a general template for GDPR also. I don't want to bombard guests with official paperwork too much...just a simple explanation. I need to alter my booking form to include all guests' passports now (for tax purposes I was told only the lead renter at the time...but all changed now I see. Do I need DOB and issue date of passports for all those over 16 yrs? My booking form will need to have a make over!

Again I'm sorry for long email but you are a God send!

Thank you.

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