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Holiday let licence

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Posted: Tue Jun 18, 2019 7:36pm
3 replies170 views5 members subscribed
Bencr85

Posts: 42

Location: Villamartin

43 helpful posts

We brought our apartment in October,  we brought it mainly for us to use but we also wanted to rent it out to help with costs , problem is getting a licence  , first person was an accountant who disappeared,  so then we went with Spanish solutions, 9 months later we still haven't gone pass stage one , habitual licence,  town hall has stopped issuing them , no one has a clue why , a complaint has been sent to the department responsible,  but no reply, my next question is,  why do the Spanish put up with this crap, there must be someone in charge off town hall , do they have a MP for this area , is anybody else having this problem  ,  could we do a crowdfunding to sue the town hall,  once again the system for punishment is brilliant  but the licence part is third world ! 

Has any body got any ideas of making the town hall play it's part, 

We know the past!  But how do we make things happen .

LeckyLes

LeckyLes

Very helpful member

Tue Jun 18, 2019 8:41pm

Posts: 648

Location: Cabo Roig

521 helpful posts

Posted: Tue Jun 18, 2019 8:41pm

Thats not good news Ben.  I believe These second Habitation Licenses are also possibly required for property purchases were the original FLO has expired.  What is happening in these instances if the Town Halls are not processing them ? 

LeckyLes

Davebev1

Davebev1

Helpful member

Wed Jun 19, 2019 10:39am

Posts: 496

Location: Playa Flamenca

480 helpful posts

Posted: Wed Jun 19, 2019 10:39am

Do you mean the license of second occupation?  Surely all that would have needed to be in place before your purchase.

Or do you mean the certificate of compatibility that is needed from the Town Hall before you can submit your application for a tourist license?

You say you purchase a property in Villamartin, which would be within Orihuela Costa and you would be using the Town Hall in Playa Flamenca.  But parts of what is generally known as Villamartin, such as El Galan, come under San Miguel Town Hall which did suspend the issuing of these certificates temporarily, but how long 'temporarily' means is anyone's guess.  

It is entirely up to individual town halls as to whether they issue certificates or not for their areas.  Once you have that certificate the application process will take about 8 months.  If your tourist application license application has been submitted then sadly you will unfortunately just have to wait your turn.  The backlog has been caused by owners who didn't apply for their license when the law changed over 4 years ago but just carried on renting regardless then panicked last year when the law started to be enforced and flooded the system with applications.  Sadly new owners are caught up in the backlog.

Good luck.


Find out more about Spanish Dream Property - a paid advertiser on this website.

RayD

RayD

Super helpful member

Wed Jun 19, 2019 10:42am

Posts: 2437

Location: Catral

1670 helpful posts

Posted: Wed Jun 19, 2019 10:42am

Ben, I think you have missed the point regarding holiday let licences.

They have been in existence for several years, but owners have ignored them and just let out illegally. In 2017 the ayuntamientos started to enforce them, which led to a panic as all the illegals tried to get them. That meant the system clogged up and it was taking 8 months or more to process them.

Then came the bit where property owners hadn't read the rules about room sizes and discovered that their baños were less than the statutory 4.5 m2. This made them unlicenceable.

Then the ayuntamientos discovered that a lot of licences for holiday lets were being made from residential areas, rather than tourist areas. So, they introduced the compatibility certificate, which is designed to make sure the area where the property is situated is a tourist area and suitable for a holiday let licence. Obviously they want to preserve the peace and quiet of residential areas and not allow noisy tourists to disrupt them.

So, there are quite a few things to check before buying a property which you want to let out. Obviously the inmobiliarías are not going to tell you the area is unsuitable, or your bathroom is too small.

Don't blame the ayuntamientos. They are applying the law which has been in force for some years, but has been disregarded by those letting illegally. Also, the room sizes are nothing new, but are there to maintain the quality of letting in the area.

You can write to the Alcalde of Torrevieja if you want to, but I'm not sure it will get a sympathetic response. You should have known the law before buying, and made sure the property complied and was in the right area.

There is an excellent series of 6 articles on holiday letting on this forum by DaveBev1 and they make good reading for someone who wants to get a licence.

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