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Tourist licence

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Posted: Mon May 20, 2019 9:49pm
22 replies351 views7 members subscribed
Chesha

Posts: 6

Location: Villamartin

Good Evening can anyone tell me how much is a tourist licence? How long does it take to be granted? 

Many thanks 

Angela 

Cheryl

Cheryl

Very helpful member

Tue May 21, 2019 7:52am

Posts: 592

Location: Albatera

513 helpful posts

Posted: Tue May 21, 2019 7:52am

Hello Angela, search for Tourist Licence under Everywhere for loads of information on this, especially Davebev1's excellent 6 part post. I don´t know how much it is but the cost doesn't seem to be the issue, more the jumping through hoops and the delay, which is currently upwards of 8 months.
Licencing has been with us since 2015 and the authorities gave everyone plenty of time to get them sorted before they began enforcing the rules last summer. Unfortunately, not many people took it seriously and I have personal experience of my estate agent telling me it was nothing to worry about and to just rent out and pay tax on it and all would be fine.

Very precise minimum room sizes have been laid down and the one catching many out is the need for the main bathroom to be at least 4.5 m2.

 Your property needs to be in an area considered by your Town Hall to be suitable for holiday lets and in some residential areas, properties have been refused at this first hurdle. Then, as times goes on, it appears that some Town Halls have decided there are already enough tourist lets in certain areas so are refusing to allow any more.

If you get through this stage, it goes further up the chain and the property is inspected to check the room sizes and all the other requirements. The huge delays have been caused by the large number of new applications for properties which have been let without a licence in the past and unfortunately new owners have been caught up in this. The authorities know that many of these properties have been let in the past so they will also be checking to ensure tax has been paid on these lettings.
If everything is OK and the tourist licence is eventually granted, details of all guests need to be passed to the Guardia Civil and if you are non-resident, tax returns need to be completed every 3 months. Also, any work done on the property which you may be able to reclaim part as expenses needs to be undertaken by registered tradesmen, with IVA paid. This includes keyholding and changeover services. There are recent threads concerning keyholders renting out the property themselves and seemingly inventing problems such as electrical outages for which they demand payment. There are a number of reputable businesses who advertise on this site and Nicola, (French Martini on here) of Fincas Inland, seems to have an excellent reputation

Peter Rossa

Tue May 21, 2019 10:11am

Posts: 13

Location: La Marina

1 helpful posts

Posted: Tue May 21, 2019 10:11am

I am purchasing a Josefina property in La Marina to use for myself in the winter, and was told by the Estate agent I can rent out in the holiday season. Neither of its bathrooms are 4.5 square meters however. Does this mean I will not be able to have it rented out?, I had intended to use a management company who have their own licence.

RayD

RayD

Super helpful member

Tue May 21, 2019 11:18am

Posts: 2157

Location: Catral

1457 helpful posts

Posted: Tue May 21, 2019 11:18am

Peter Rossa wrote on Tue May 21, 2019 10:11am:

I am purchasing a Josefina property in La Marina to use for myself in the winter, and was told by the Estate agent I can rent out in the holiday season. Neither of its bathrooms are 4.5 square meters however. Does this mean I will not be able to have it rented out?, I had intended to use a management company who have their own licence.

The 4.5 m2 bathroom minimum is being adhered to and it must contain a bath. You can have more than one bathroom, but as long as at least one is that size, the others can be smaller.

I'm afraid the inmobiliario didn't tell you the truth, but then why would they?

There have also been reports of licences being refused on the La Marina urb as it's a residencial area and licences are being restricted to tourist areas.

Another myth is that you can rent it out while you are waiting for your licence. You can't and the fine for doing so is huge.

Have a read of Davebev1's 6 part guide to holiday licences on this forum. It's comprehensive and written through personal experience.

Cheryl

Cheryl

Very helpful member

Tue May 21, 2019 11:44am

Posts: 592

Location: Albatera

513 helpful posts

Posted: Tue May 21, 2019 11:44am

Don't quote me on this but I believe that the licence that management companies hold is over and above the initial requirements for the property to comply with regulations.
As Ray said re the estate agent, and famously by Mandy Rice-Davies, "Well they would, wouldn't they".
These rules started some time in 2009, they were amended in 2015, when the licence became compulsory but time was given for owners to get their act together but for the most part, this didn't happen, it is only since July 2018 that laws are being enforced. Spain wants to guard against horror stories about inadequate tourist accommodation (bunk beds on balconies in Majorca), tax evasion (seemingly previously widespread), nuisance to neighbours (huge), pricing out local residents and pressure from the very powerful hotel industry.
Estate agents here are highly paid and unregulated. If you are using the solicitor recommended by the estate agent, again, well they would, wouldn't they.
Technically, you can rent it out seasonally, for the whole season, or for long term but not for individual holiday lettings. If you are relying on the rental income, it might be an idea to halt the buying process now.

Chesha

Chesha

Original Poster

Tue May 21, 2019 9:19pm

Posts: 6

Location: Villamartin

Posted: Tue May 21, 2019 9:19pm

Thanks for your reply ive never rented out before I went into an agent and was told it was €500 which i thought was steep, reading a few posts on here looks like its take several months but according to the agent no more than 8 weeks.

Just weighing up if it's worth my while?

RayD

RayD

Super helpful member

Tue May 21, 2019 9:30pm

Posts: 2157

Location: Catral

1457 helpful posts

Posted: Tue May 21, 2019 9:30pm

Chesha wrote on Tue May 21, 2019 9:19pm:

Thanks for your reply ive never rented out before I went into an agent and was told it was €500 which i thought was steep, reading a few posts on here looks like its take several months but according to the agent no more than 8 weeks.

Just weighing up if it's worth my while?

I think the agent is having you on and trying to get your business.

He would have to go through exactly the same procedures as you and would have no means to cut corners. The delay in the system is due to the massive backlog in applications due to owners panicking as they were letting out illegally. It is currently taking at least 8 months and then you have to register with the Guardia Civil, which has to be done personally.

The authorities are also exercising due diligence as they know what has been going on and are taking their time to send the architects out to measure up and inspect the properties. They are also giving consideration as to issuing certificates of compatibility as a lot of applications have come from residential rather than tourist areas.

Put your own application in and just be patient.

Peter Rossa

Tue May 21, 2019 11:04pm

Posts: 13

Location: La Marina

1 helpful posts

Posted: Tue May 21, 2019 11:04pm

Cheryl wrote on Tue May 21, 2019 11:44am:

Don't quote me on this but I believe that the licence that management companies hold is over and above the initial requirements for the property to comply with regulations.
As Ray said re the estate agent, and famously by Mandy Rice-Davies, "Well they would, wouldn't they".
These rules started some time in 2009, they were amended in 2015, when the licence became compulsory but time was given for owners to get their act together but for the most part, this didn't happen, it is only since July 2018 that laws are being enforced. Spain wants to guard against horror stories about inadequate tourist accommodation (bunk beds on balconies in Majorca), tax evasion (seemingly previously widespread), nuisance to neighbours (huge), pricing out local residents and pressure from the very powerful hotel industry.
Estate agents here are highly paid and unregulated. If you are using the solicitor recommended by the estate agent, again, well they would, wouldn't they.
Technically, you can rent it out seasonally, for the whole season, or for long term but not for individual holiday lettings. If you are relying on the rental income, it might be an idea to halt the buying process now.

So renting it out for seasonal use, say three months, would this negate the requirement for a tourist license and the need for such a large bathroom?

Cheryl

Cheryl

Very helpful member

Wed May 22, 2019 8:36am

Posts: 592

Location: Albatera

513 helpful posts

Posted: Wed May 22, 2019 8:36am

I believe it would, yes. Hopefully, if I am wrong, someone will let you know.

Davebev1

Davebev1

Helpful member

Wed May 22, 2019 10:22am

Posts: 473

Location: Playa Flamenca

458 helpful posts

Posted: Wed May 22, 2019 10:22am

Hi.  Good advice as always from Cheryl and RayD.  Yes, the property needs to be licensed even if you use a licensed rental agency.  No, you don't need a license for mid-term/full season lets but you will still need specialist insurance and proper contracts.  I have heard too that La Marina urb properties are being refused Comparability Certificates by the Town Hall so that is the first check you will need to make.  There are legal firms who will process your application but €500 is over 3 times other quotes I have seen!  Please do not risk even advertising as a holiday let unless you have the license, the fines are huge.  Current waiting times for applications seem to be 8 months but that doesn't include the time it takes to get the certificate from the Town Hall.  And yes, room sizes and the equipment in the house do matter.  Everyone is in agreement that the bathroom size for the main bathroom is silly but it is the requirement and you can't get around it.


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