POTENTIAL EXCEPTIONS TO THE 90/180 DAYS RULE - General property discussion in Torrevieja - Torrevieja forum - Costa Blanca forum in the Alicante province of Spain
Costa Blanca Building Specialists
Blacktower Financial Management
James Spanish School
Expat Services
Gentlevan Removals
ASSSA Insurance
Jennifer Cunningham Insurances SL
interior building work
Gran Alacant Insurances
Airport Service Taxi Mil Palmeras  Torre de la Horadada
Espana Dream Properties
AA Free English TV
Car Key Solutions
Thy Will Be Done

Join the Torrevieja forum

Join the Torrevieja forumMy name's Alex and this is my website all about Torrevieja in Spain. Register now for free to talk about General property discussion in Torrevieja and much more!

POTENTIAL EXCEPTIONS TO THE 90/180 DAYS RULE

Posted: Mon Dec 6, 2021 6:23pm
14 replies593 views5 members subscribed
MichaelLaSiesta

MichaelLaSiesta

Helpful member

Posts: 302

231 helpful points

Location: Torrevieja

Joined: 21 Jan 2019

As we all know there has been much discussion about this subject on forums like this and other forms of social media.  I am asking a question here, not expecting a definitive answer necessarily, but simply seeking others' opinions and asking if anyone has read anything on this subject.  I'm a non-resident by the way but have owned a home here for nearly three years.

My question relates to possible one-off exceptions to "the rule"? My house has recently been placed on the market here in La Siesta and I will be heading back to the UK at the end of December, with the keys lodged at the local estate agent. My 90 days are up for this period so what happens if a buyer magically appears in January, or February? I wonder if I would be allowed back for a short period just to empty the house of personal possessions and sign all the paperwork?  Or would the border force at Alicante airport say "No - get back on the next plane out".

If there is no chance of returning early, and I had to wait until the end of March, I would surely lose the sale, which I think is unfair.  As I said I am not expecting someone "in the know" to have a definitive answer.  I simply wonder if anyone has read or heard of exceptions being allowed in such circumstances?  If I had to obtain a temporary visa then I would, of course, do it.

DUI

Posted: Mon Dec 6, 2021 9:29pm

DUI

Very helpful member

Posts: 375

580 helpful points

Location: Denia

Joined: 6 Nov 2021

Posted: Mon Dec 6, 2021 9:29pm

MichaelLaSiesta wrote on Mon Dec 6, 2021 6:23pm:

As we all know there has been much discussion about this subject on forums like this and other forms of social media.  I am asking a question here, not expecting a definitive answer necessarily, but simply seeking others' opinions and asking if anyone has read anything on this subject. ...

... I'm a non-resident by the way but have owned a home here for nearly three years.

My question relates to possible one-off exceptions to "the rule"? My house has recently been placed on the market here in La Siesta and I will be heading back to the UK at the end of December, with the keys lodged at the local estate agent. My 90 days are up for this period so what happens if a buyer magically appears in January, or February? I wonder if I would be allowed back for a short period just to empty the house of personal possessions and sign all the paperwork?  Or would the border force at Alicante airport say "No - get back on the next plane out".

If there is no chance of returning early, and I had to wait until the end of March, I would surely lose the sale, which I think is unfair.  As I said I am not expecting someone "in the know" to have a definitive answer.  I simply wonder if anyone has read or heard of exceptions being allowed in such circumstances?  If I had to obtain a temporary visa then I would, of course, do it.

Easy answer is you’ll need to organise a power of attorney.

Darro

Posted: Mon Dec 6, 2021 9:48pm

Darro

Super helpful member

Posts: 1444

1247 helpful points

Location: Catral

Joined: 8 Sep 2021

Posted: Mon Dec 6, 2021 9:48pm

Not sure that qualifies as an "easy answer" but probably the case.

I believer there are mechanisms to facilitate travel under exceptional circumstances or 'force majeure' but  the relatively mundane and commonplace process of selling a hoilday home would not fall under those. 

A bit extreme but an NLV application might work although for that you'd have to buy 12 months non refundable private health insurance.

MichaelLaSiesta

Posted: Mon Dec 6, 2021 10:07pm

MichaelLaSiesta

Original Poster

Helpful member

Posts: 302

231 helpful points

Location: Torrevieja

Joined: 21 Jan 2019

Posted: Mon Dec 6, 2021 10:07pm

Darro wrote on Mon Dec 6, 2021 9:48pm:

Not sure that qualifies as an "easy answer" but probably the case.

I believer there are mechanisms to facilitate travel under exceptional circumstances or 'force majeure' but  the relatively mundane and commonplace process of selling a hoilday home would not fall under those. 

A bit extreme but an NLV application might work although for that you'd have to buy 12 months non refundable private health insurance.

I wouldn't say there was anything "mundane" about buying and selling property.  I suppose if I was a millionaire I might agree with you 

MichaelLaSiesta

Posted: Mon Dec 6, 2021 10:09pm

MichaelLaSiesta

Original Poster

Helpful member

Posts: 302

231 helpful points

Location: Torrevieja

Joined: 21 Jan 2019

Posted: Mon Dec 6, 2021 10:09pm

DUI wrote on Mon Dec 6, 2021 9:29pm:

Easy answer is you’ll need to organise a power of attorney.

POA has been in place since the start but that doesn't solve my problem of packing up the personal stuff and shipping it to UK does it.

I might have to do that myself before Christmas, but I'd rather not.  There's a chance the house could be on the market for a very long time.

Advertisement - posts continue below

paulsav

Posted: Tue Dec 7, 2021 10:15am

paulsav

Super helpful member

Posts: 1363

1004 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Tue Dec 7, 2021 10:15am

MichaelLaSiesta wrote on Mon Dec 6, 2021 10:09pm:

POA has been in place since the start but that doesn't solve my problem of packing up the personal stuff and shipping it to UK does it.

I might have to do that myself before Christmas, but I'd rather not.  There's a chance the house could be on the market for a very long time.

I think if I decided to sell my property in the same position as non resident, I would not plan to stay the full 90 days in first place afterwards, possibly visiting for 10 wks only to get long visit but leave spare 2 wks each visit for an emergency trip. We too stay for closest to 90 days each time but would find ourselves in same boat should we need for an emergency (burglary, squatters etc). At least you could plan for this situation. 

Regards 

Pauline 

elinspain

Posted: Tue Dec 7, 2021 2:03pm

elinspain

Legendary helpful member

Posts: 3214

4095 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Tue Dec 7, 2021 2:03pm

paulsav wrote on Tue Dec 7, 2021 10:15am:

I think if I decided to sell my property in the same position as non resident, I would not plan to stay the full 90 days in first place afterwards, possibly visiting for 10 wks only to get long visit but leave spare 2 wks each visit for an emergency trip. We too stay for closest to 90 days each t...

...ime but would find ourselves in same boat should we need for an emergency (burglary, squatters etc). At least you could plan for this situation. 

Regards 

Pauline 

Hello

 This is  what I, also suggest. Dont leave at the end of Dec. having used all of your 90days - leave yourself 7- 10days, however long you think you'll need, and go back  to UK earlier, that way you can return subject to an early sale.

Cheers

Elinspain

Purple gran

Posted: Tue Dec 7, 2021 10:28pm

Purple gran

Helpful member

Posts: 325

379 helpful points

Location: Torrevieja

Joined: 23 Jan 2018

Posted: Tue Dec 7, 2021 10:28pm

Hi Michael,

I know strange things do happen, but I’m afraid, given the amount of available property, that an immediate sale is unlikely, and even then the process of selling would be sufficiently drawn out that you could come back at the end of March/beginning of April and pack up your personal things then.

As an alternative, should a purchase be in the offing, why not contact Paul Horton, the man with the van, to see if he would be able to do the packing, and take to a storage facility for you?

Best, E.

Relyat

Posted: Wed Dec 8, 2021 8:50am

Relyat

Very helpful member

Posts: 894

889 helpful points

Location: Pego

Joined: 12 Jul 2018

Posted: Wed Dec 8, 2021 8:50am

I cannot see that any exception would be granted. 

The sale of your dwelling is something that you have instigated and thus is a foreseeable event. No force majeure, act of god etc would be involved or could be invoked. 

As others have said, you have to take responsibility for what you have arranged and make sure that you have enough "time in the bank" to deal with the sale whenever it happens. 

MichaelLaSiesta

Posted: Wed Dec 8, 2021 12:16pm

MichaelLaSiesta

Original Poster

Helpful member

Posts: 302

231 helpful points

Location: Torrevieja

Joined: 21 Jan 2019

Posted: Wed Dec 8, 2021 12:16pm

I had responses pretty much as expected but I certainly don't appreciate being told to "take responsibility" or "plan ahead".  That suggests I'm some kind of idiot who cannot organise my own life.  I hope I'm not.

The fact is that I DID have ten days put aside for any eventuality in the new year.  I was going back on the 17th but personal circumstances have caused me to slip the flight to the 26th, and Jet2 charged me another 50 euros for that privilege by the way!  So I will have just one day of my 90 until the next 90 day period comes round.  So be it.  I'm not expecting a quick sale anyway so no problem.  I'll deal with it.

I said at the top of my original post that I was not expecting a definitive answer from anyone and that I was only seeking personal views concerning their own, or others' experiences.  I was not looking for advice about how to organise my life.  Maybe I shouldn't have bothered asking the question at all.....

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more General property discussion topics from a particular area:


Register for free!

Login to your account

Costa Blanca Building Specialists
Blacktower Financial Management
James Spanish School
Expat Services
Gentlevan Removals
ASSSA Insurance
Jennifer Cunningham Insurances SL
interior building work
Gran Alacant Insurances
Airport Service Taxi Mil Palmeras  Torre de la Horadada
Espana Dream Properties
AA Free English TV
Car Key Solutions
Thy Will Be Done
Advertise your business here
Advertise your property
Help with my computer