Rental companies

Has the property got a Tourist Licence?

Davebev1's guides: Renting out your property as a holiday let in Spain 

No not yet. I’ve just bought it and the lawyer has applied for it. I’ve been told as long as it’s applied for you can rent it out.

I think you have been given the wrong information, renting it out on the basis you have applied for a licence would be illegal as it has not been determined that your property meets the requirements for a Tourist let. This should be confirmed by any reputable rental agent. 

I'm just at the enquiring stage just now. Looking for a rental company to keep an eye on it till we can rent.

That's not what you said previously 

"I’ve been told as long as it’s applied for you can rent it out"

Hi Liz

“I’ve been told as long as it’s applied for you can rent it out”

and

“but we have a lawyer who has a spare registration no that we can use meantime”

If I were very cynical, I would say that you appear to be considering letting without the  necessary permits. It would be extremely foolhardy. 🤪🥂 

Get yourself a lawyer who knows the law and how its applied ,not the chancer you seem to have employed ..!!

I am sorry but you have been misinformed.  You cannot legally let out the property until you have your Tourist License.  That is very clear.  Maybe your lawyer needs to read the information - here is the link for the official Valencian Communidad regulations.  

https://aaffvalencia.es/wp-content/uploads/2019/04/GU%C3%8DA-DE-LA-VIVIENDA-TUR%C3%8DSTICA-PARA-PROPIETARIOS.pdf?fbclid=IwAR1UJoB3LRDxcAUPgnh8FeAHugk_t1XCCuaTTI9L49E7b0Ca2gbbqcce1dU

You cannot even legally advertise the property as a holiday let until you have a license covered in section 2.3 where it states that "all marketing of the property must clearly indicate the registration number of the property" (ie the Tourist License number).   The rules are slightly different in other regions but you need to follow the regulation for the region of Valencia (of which Alicante is a province).

IF the property already has a License then it can be transferred into your name, in which case no problem, you can go ahead with lettings once it is changed and you have registered your details with the Guardia Civil.  If the property does not have a License already then you will need to wait until you have obtained it before you can let it out.  Using a registered letting agency does not make letting out an unlicensed property legal, either - the property itself MUST be licensed.

There is, sadly, no guarantee you can get the License either.  Depending on exactly where you have bought will depend on how long it takes to do the first stage - Orihuela Costa Town Hall take 18+ months to issue the Compatibility Certificate you need to be be able to apply for the License.  Some areas generally referred to as Villamartin actually come under San Miguel Town Hall and they will only issue that Certificate if your community agree to it.  To be frank, your 'lawyer' cannot have applied for your Tourist License yet because that cannot even be done until you have a Certificate of Compatibility!

While you wait for your License you can do seasonal lets (2-3 months), but not lets of up to 30 days.  Please do not be tempted to let out the property unlicensed, the fines are very steep.

There are several steps to becoming legal   1. Obtain Compatibility Certificate from Town Hall,   2. submit License Application with supporting documents to the Office for Tourism in Alicante.   3. once you have your license number, register with the Guardia Civil so you can file the details of your guests (a legal requirement)   4. Buy you official plaque and complaints forms and take out suitable insurance.   5. submit your quarterly tax return in Spain (tax for UK residents after brexit will be 24% of the gross rental unless some magical deal is done!)  If you are a UK resident you will also need to declare the rental income and tax paid in Spain in your annual tax return in the UK.

I can recommend a keyholding and cleaning service (whoever you use must be registered to work in Spain), contact Julie and Paul www.torrecleanandvan.com  It is worth using a keyholding service whether you rent out or not.

You can handle all the bookings yourself using holiday rental websites, you do not need to have a rental agency which will further reduce your income.  I would recommend using sites that allow you to communicate with the potential guest before you have to accept the booking.  Use booking forms and contracts, and ensure you both provide all the information and equipment required under the regulations and obtain from the renters the correct information for filing with the Guardia Civil.

I can PM you details of people who can apply for the License for you and give you accurate legal info on the Licenses.  I seriously think you need a new 'lawyer', one who actually knows the law regarding holiday lettings.  Fines can run into tens of thousands of euros if you break the law, and I doubt that is something you would want to risk.

Happy to help with more info if you need it.

Bev

Hi Bev

I can’t thank you enough for that reply! You’ve given me so much information which has been very helpful. I did watch the 3 part video about the tourist license which made me think is this all worth it. There’s so many parts to it that I didn’t know. Thank god we’re not relying on the income. You mentioned we can do seasonal lets but I’m not sure what you mean? I thought we needed the license to do any lets? This is all a big learning curve for me!!

Cheers

Liz