New Andalucian Rental Decree – dates?

[Lesley]

Although I understand requirements such as A/C and fixed heating in rental properties have until May 2017 to be implemented.  When will all the many other property/document/admin/ID requirements need to be in place for rentals?

I have applied for my registration number, but have no idea when this will be issued by the Malaga Tourist Office.  Also the Nerja Townhall have already advised me that most Urbanizations in Nerja will NOT have the “Licencia de Primer Ocupacion”.  They are apparently waiting for the Andalucian Junta to advise them of what alternative they can offer to Rental Property Owners.

As expected this whole process is already turning out to be a complete shambles.  Any solid information regarding the implementation dates would be appreciated.

 

[Mark Stücklin]

Lesley, you hit the nail on the head when you call it a shambles. The problem is that legislators in Spain often don’t make the effort to think through the laws they pass. It’s all a bit amateur.

Anyway, have you read Raymundo’s detailed explanation of the new decree? You might find your answers there.

ANDALUSIA: Holiday rental regulations in new Decree explained in detail

[Lars Tufvesson]

Here is a recent blog post that suggests that the one year grace period will not only be used for A/C but also for when inspections commence and sanctions can be imposed on those who have not fulfilled the requirements.

Holiday rentals – New law Update

[johnbhimji]

Hi Mark

I have a LICENCIA DE APERTURA DE ESTABLECIMIENTO for my property in Marbella.

Do I have to register for the new law too?

I do not have a 1st occupation licence but I do have a new certificado de antiguedad.

Can I use that instead?

Thank you

John

[Mark Stücklin]

Hi John,

What kind of a property do you have? The licence you mention is for commercial premises, not housing, and the certificate of age just refers to when a property was built. For housing you need either an LFO or habitation certificate (cédula de habitabilidad).

[johnbhimji]

Hi Mark
Thank you for your reply.
When I bought the villa,it was a 12 bedroom hostel with 2 stars in Marbella.
I was told that this licence was transferable to the new owner.
Its now fully refurbished.
I was hoping that the new rental law would not apply to me.
I have been following you for years,great job,
Thanks again

[Andrew]

The information in the De Cotta Law blog in the above link where it states ‘There will be a grace period of one year before inspections commence and sanctions can be imposed on those who have not fulfilled the requirements‘ is apparently wrong.

I have just spoken to the Junta de Andalucia specialist helpline on 600 162649 and was told quite categorically that the only period of grace is in respect of the requirement to install air conditioning or central heating and does NOT apply to any other aspect of the law.

They also advised that information given by any third party web site should not be taken as gospel and should be double-checked with an official source.

This is exactly what I was told, please don’t shoot the messenger!

[Mark Stücklin]

Thanks Andrew, that’s very helpful to know.

[hannigan]

Reading Raymundo’s explanation , it seems landlords have 3 months from 11th May to register, however, a recent email from Spanishpropertyinsight said that landlords have 3 weeks left to register. Can anyone confirm what is the close off date to register for renting property.

[Mark Stücklin]

Just to clarify having looked into it. The Idealista article is wrong. 11 May was the start of the registration period. You have 3 months from the 11th May.

[Mark Stücklin]

Hannigan,

I assume that Raymundo’s explanation is correct.

There’s a conflicting article at Idealista, which is where I got this news from without double-checking with Raymundo’s article.

This being Spain, contradictory information abounds.

[marios]

Are you sure its 3 months from May, I thought it was 3 months from The 11th of Feb

 

The Complete Guide to Registering Your Holiday Rental in Andalucia

[Mark Stücklin]

Marios, you’re right. When the news came out in February people had three months to get ready for registration starting 11 May. Now registration is open and there is no deadline. So if you now want to do tourist rentals you can register anytime from now, but you can’t start before you are registered.

[Mark Stücklin]

Just to illustrate how stupid absurd things can get in Spain, someone sent me the following message by email:

We are going to stop letting our house in Ojen as from January 1st. The town hall knew nothing about these new regulations and said that there was not enough electricity coming into the village for everyone to install full central heating and air conditioning.

[Author]

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