Andalucian Rental Decree – Exceptions?

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    • #190623
      MARC KHV

      Hi there,

      I am currently in the middle of filling-out the application form for registration of a B&B in Andalucia. An external company and Lwayer assist me with this exercise as my situation is apparently not taken into account when the new Decree has been voted.

      As a matter a fact last year me and my partner moved and started renting a chalet with the immediate intention to run a Bed & Breakfast in the same property (maximum 3 rooms / 6 guests). The Landlord agreed to our initiative and this has even been taken into the rental agreement between landlord and us. Since then we are renovating and refurbishing the rooms, bathrooms, garden and pool. We are now approaching the end of all these works and initiated the registration process a month ago.

      Today we are stuck!! The landlord (owner of the property) lives and work in Madrid, while we rent his property as long-term rental, we are now facing non-acceptance of our application as the landlord is not living in the house himself. He is willing to let us the legal representatives to run the B&B, but the Junta will only accept B&B applications from landlords living on promise in the same house as the guests. This does not apply for us.

      We want to be compliant with the Decree and we will pay taxes on any income generated through the B&B activities, while the landlord will pay tax on the fix rental fee he receives from us..

      Does anyone know how we could get our B&B registered one way or another? Is there any exception possible on this rule? When we contacted the Junta again, they confirmed that we are the only case facing this issue. It is hard to believe we are the only persons in Andalucia renting the property in which the run & B&B in mutual agreement with the landlord..

      As you can understand we are desperately looking for a solution as we spend many hours and Euros to get all rooms and common areas up to the standards and criteria as described in the Decree.

      Does anyway know a solution to get us out of this impasse?

      All suggestions are more then welcome!

      Thank you very much.

    • #190629
      Mark Stücklin

      Sorry to hear about your situation. I wish I could give you some magic advice, but as far as I know you have to be an owner-occupier to run a B&B in Andalusia.

      Spanish bureaucrats and politicians love to come up with unhelpful laws to complicate our lives.

      I hope your lawyer can come up with a solution.

    • #190668

      Maybe the best solution is for your landlord to apply for the B&B licence, once he gets it he contracts you to be the managers with a detailed contract to ensure you that you have maximum powers to run the establishment without having to seek permission for any aspect of the business. This should also give you protection against any Third Party claims against you if you have the proper insurance etc. As the landlord will be responsible for the overall safety aspects of the building. It will also make the landlord ultimately responsible for any structural problems etc that may affect your business. Hope this is helpful.

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