What happens if you are busted for illegal tourist rentals?

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This topic contains 6 replies, has 5 voices, and was last updated by Profile photo of Anonymous Anonymous 3 years, 1 month ago.

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  • #57658
    Profile photo of Anonymous
    Anonymous
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    As many of you know, Spain has passed a new law that devolves the regulation of holiday-lettings to the Autonomous regions, so now the regulations covering tourist rentals depend on the region where the property is located.

    In some areas, like the Balearics, the laws is quite restrictive, though enforcement is patchy. My question is does anybody know what happens if they catch you renting out to tourists without a licence? Do you get off with a warning for the first offence, or is it straight to a fine, and if so, how much? What happens if you are a repeat offender?

    There will be a lot of people renting to tourists without a licence, knowingly or not. I want a better idea of the risks they are running.

  • #115395
    Profile photo of Anonymous
    Anonymous
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    I now have the answer for the Balearics, at least (thanks to Will Besga of ETL Mallorca Lawyers).

    For the first offence, the fine is €4,001. You can appeal, but if you don’t have a licence you will lose you can prove that it wasn’t really a touristic rental. The problem here is that a house would almost always offer services and the paperwork would reveal that services were offered and or advertised.

    Repeat offence gets another fine. Fines go from €4,001 to €40,000.

    As Will says:

    As of appealing and the success of it, I would distinguish between falt owners and house owners. Clients who would rent flats through me or with my advice would stand a good chance, simply because the contracts are good and they know the bottom line. A free standing person would probably have bite the bullet. The clients of mine who have houses all have licenses.

  • #117769
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    Anonymous
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    The Town Hall in Lloret de Mar seem prepared to start enforcing the law. When the Municipal Police were called to attend to a noisy group in a tourist rental in a residential area they asked the owner if he had permission and took his details to be passed on to the “policia adminastrativa”. So it seems that owners will be caught that way and it will soon be known whether they are fined or let off with warnings.

  • #117889
    Profile photo of Anonymous
    Anonymous
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    Newspaper reports (Catalan papers) mention that Lloret de Mar’s town hall has identified some 56 illegal tourist rental apartments or villas to get started on and the fines will be between 9000 and 90000 €. The fines are to be payed by both the owner and agency. Only 1200 holiday homes have been registered under the new legislation.

  • #118052
    Profile photo of Anonymous
    Anonymous
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    There is much confusion and misinformation about the need for a licence. As I have been informed, those owners who rent an apartment for fewer than 3 months each year (12-13 weeks), and whose electricity use during that time is less than 25% of the annual total, are not obliged to obtain a rental licence in Andalucia.

    Can someone confirm this or cite a law a clause in the law (in Spanish or English) which contradicts this?

  • #118135
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    Anonymous
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    Does anybody know what the law is in Fuerteventura? I have a one bedroom bungalow, but I’ve stopped renting it out in fear of being fined.

  • #118469
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    Anonymous
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    I would also like to know the situation in the Canary Islands.

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