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Letting to friends and family

Posted: Fri Mar 31, 2023 3:16pm
46 replies1771 views8 members subscribed
Magicden

Posts: 96

29 helpful points

Location: Torrevieja

Joined: 8 Apr 2018

We are in the process of securing an apartment in Torrevieja and although we don't plan to use it as a holiday let but would like friends and family to occasionally use it.

Is this an easy process as I read about filling in forms for the police etc.

Thanks

Den

killjoy

Posted: Fri Mar 31, 2023 3:42pm

killjoy

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Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Fri Mar 31, 2023 3:42pm

No need to wake up sleeping dogs. Only if you let for producing revenue and let not exceeding 31 days you must comply with tourist letting regulations.

Stan Bartolome

Posted: Fri Mar 31, 2023 3:43pm

Stan Bartolome

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Posts: 347

523 helpful points

Location: Orihuela Costa

Joined: 15 Dec 2017

Posted: Fri Mar 31, 2023 3:43pm

Magicden wrote on Fri Mar 31, 2023 3:16pm:

We are in the process of securing an apartment in Torrevieja and although we don't plan to use it as a holiday let but would like friends and family to occasionally use it.

Is this an easy process as I read about filling in forms for the police etc.

Thanks

Den

It all depends if you're going to charge them for it.

If so, then yes, you'll need the appropriate licences & permissions.

Although, given that this will presumably all be arranged in the UK, on the basis that it's "friends & family" for the occasional week here & there, I'm not sure how the Spanish authorities would even get to know about it.

Magicden

Posted: Fri Mar 31, 2023 3:46pm

Magicden

Original Poster

Posts: 96

29 helpful points

Location: Torrevieja

Joined: 8 Apr 2018

Posted: Fri Mar 31, 2023 3:46pm

Stan Bartolome wrote on Fri Mar 31, 2023 3:43pm:

It all depends if you're going to charge them for it.

If so, then yes, you'll need the appropriate licences & permissions.

Although, given that this will presumably all be arranged in the UK, on the basis that it's "friends & family" for the occasional week here & there, I'm not sure how the Spanish authorities would even get to know about it.

Thanks there would be no charges etc as it would be very occasionally and only for close friends. 

Thanks 

Den 

Magicden

Posted: Fri Mar 31, 2023 4:29pm

Magicden

Original Poster

Posts: 96

29 helpful points

Location: Torrevieja

Joined: 8 Apr 2018

Posted: Fri Mar 31, 2023 4:29pm

killjoy wrote on Fri Mar 31, 2023 3:42pm:

No need to wake up sleeping dogs. Only if you let for producing revenue and let not exceeding 31 days you must comply with tourist letting regulations.

Thanks for the info. Much appreciated 

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Davebev1

Posted: Fri Mar 31, 2023 8:48pm

Davebev1

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Posts: 1556

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Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Fri Mar 31, 2023 8:48pm

Friends/family can use the property entirely free of charge without you requiring a Tourist License because if there is no payment then you are not letting the property. If they pay you, even reduced 'mates rates',  it is classed as holiday letting and you will need a Tourist License, need to register guests, need to declare your income quarterly in Spain and pay tax. There are other requirements too. The fines for illegal holiday letting ae huge.

Davebev1

Posted: Fri Mar 31, 2023 8:55pm

Davebev1

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Posts: 1556

2188 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Fri Mar 31, 2023 8:55pm

Magicden wrote on Fri Mar 31, 2023 4:29pm:

Thanks for the info. Much appreciated 

Killjoy has been repeatedly informed, and be referred to the relevant decree, that there is not a 31 day limit - the law is clear, a Tourist License is required if a holiday/tourist let of any length of time. If no payment at all is made then it is not classed as letting. Any payment, even if only sufficient to cover the cost of utilities, would be sufficient reason for it to be classed as holiday letting. 

Magicden

Posted: Fri Mar 31, 2023 11:37pm

Magicden

Original Poster

Posts: 96

29 helpful points

Location: Torrevieja

Joined: 8 Apr 2018

Posted: Fri Mar 31, 2023 11:37pm

Davebev1 wrote on Fri Mar 31, 2023 8:55pm:

Killjoy has been repeatedly informed, and be referred to the relevant decree, that there is not a 31 day limit - the law is clear, a Tourist License is required if a holiday/tourist let of any length of time. If no payment at all is made then it is not classed as letting. Any payment, even if onl...

...y sufficient to cover the cost of utilities, would be sufficient reason for it to be classed as holiday letting. 

Thanks. That makes things clear and answers my question. 

I would not be taking any payment so all good. 

Den 

Bee2

Posted: Wed Apr 5, 2023 7:06pm

Bee2

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Posts: 349

229 helpful points

Location: Torrevieja

Joined: 19 Oct 2019

Posted: Wed Apr 5, 2023 7:06pm

There is what is called Seasonal Letting which is how the Spanish get around the licensing laws. The minimum let is 2 months to the one person/family and a tourist licence is not required. 

https://adeitur.com/alquiler-turistico-o-alquiler-de-temporada/#:~:text=A%C3%B1ade%20este%20Decreto%20que%20quedan,por%20una%20misma%20persona%20usuaria

Bee

Davebev1

Posted: Wed Apr 5, 2023 7:20pm

Davebev1

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Posts: 1556

2188 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Wed Apr 5, 2023 7:20pm

Bee2 wrote on Wed Apr 5, 2023 7:06pm:

There is what is called Seasonal Letting which is how the Spanish get around the licensing laws. The minimum let is 2 months to the one person/family and a tourist licence is not required. 

https://adeitur.com/alquiler-turistico-o-alquiler-de-temporada/#:~:text=A%C3%B1ade%20este%20Decreto%20q...

Seasonal letting is only relevant when the let is not for tourism purposes, as explained in the article.  If the people are renting for tourism/holiday/leisure reasons then the property still requires a Tourist License.

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