luzcadiz

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    • #224124
      luzcadiz
      Participant

      The requirement is for the licence number to be displayed on the Homeaway website as well as to put a plaque somewhere prominently on the wall . . .

      Yes indeed – a fine balance between following the dream and not finding loads of expensive issues . . .
      On the rental income sadly this has to be declared less costs to the spanish authorities on a two monthly or quarterly basis and to comply with another law all your guests over the age of 16 [I think] need to provide their personal details which your agent would need to supply to the local guardia [but this can be done by email].

      Best regards

      Ian.

    • #224119
      luzcadiz
      Participant

      “I love it” . .. . . . . such dangerous words!!!!! especially when looking at remote location properties – safer but more boring would be a property on an urbanization on a golf course, guaranteed to be legal.

      Love is blind so need to ensure it is legal [do not believe what the agent says and do not believe the notary nor the owners nor local expats . . . . sorry but advice based on known bad experiences]; the only way to do this is to go to the town hall. Whilst there and if you have not already been given a copy ask for the “licencia de primera occupacion”.

      does it have local water, Does it have local electrics [generators and solar power are not really enough]. Bottom line is it fully legal – and you can only trust the townhall for an honest answer.

      If you are in certain provinces such as Valencia there are still land grab laws whereby if there is an attractive plot of land and your plot is on the access road to that plot a developer would have the right to put a road through your property to access that plot and not just at the end of your garden but if necessary between your house and the pool. So need to check for any local planning applications.

      Mountainsides are great for wind farm energy . . . . another aspect to think about as these are noisy and would blight your resale value.

      On the market for a while. What was the initial asking price . . . ????? SPI will be able to tell you the m2 value for that area for resales which is another indicator.

      If on a mountainside and remote then permission to build might have been given because it was originally a cowshed. It is important to get a written assurance from the townhall that permission was given to build to the current size of the house and also to build the pool [especially in areas prone to drought such as Almeria]. All improvements need to be registered with the townhall.

      not only do the townhall have draconian powers but any improvements to the “cowshed” will increase the catastral [rates] on the property.

      Then there is the construction and drains etc which a surveyor should check for you not just for the quality of the work but the quality of the materials used especially the drains which if not of the correct material could pancake, back up and cause extensive costs.

      I think the final point is how are you financing the project. If you are looking at a euro mortgage this could get very expensive post-Brexit as the pound will weaken against the euro . . . although the euro will also go weak . . .

      I hope this helps

      Good luck.

    • #203497
      luzcadiz
      Participant

      Have you looked at drilling some deep wells.   Possibly subject to local planning and the cost may be around 3-5,000 per pozo but once done  [and with a level sensor to keep to the required depth] you would not be paying for town water to keep it filled and as you mention the water is costly presumably you are using town water for your lawns and plants so would recoup your outlay by using the free well water.

      An alternative if practical would be to divide the lake into smaller areas which could be very pretty and that would then isolate the area[s] affected by the leak which could then be filled or repaired.

      As far as voting is concerned in our small communidad it is not one vote per person but the percentage each property represents of the whole [which in our case also reflects how much your service charge contribution is].

      If there are some large villas and smaller townhouses  then this would make a big difference but a proxy vote should be allowed providing no outstanding arrears but you would need to be sure your proxy’s views reflected your own . . it would be necessary to see what your administrator says but normally for us it is a simple majority based on those present and the allowed absentee proxy votes.

    • #197449
      luzcadiz
      Participant

      The simple answer is YES.   This is a good law to maintain standards of short term accommodation for holidaymakers.  It’s very logical in a spanish sort of way.    Simple form to fill in – no need to waste money on abogados as they will charge, know no more than you or I and will possibly screw up as happened to several of my friends.and take it in person to the nearest Junta de Andalucia office – servicio de turismo who will check it and send it for processing.

       

      You will need to supply your NIE or NIF number and proof the

      licencia de primera ocupacion

      escritura

      catastral details and a few other items – nothing onerous

       

      In due course you will get your licence – two types VTAR if you are more than 1.5km from the coast and in a rural area with a population of less than 20,000 or a VFT if you are by the coast.

       

      Then they will come to inspect;   they will want to see your sign on the wall, fire extinguishers and measure the sizes of your rooms as there are criteria for how many beds in one room.   You must display your licence number on online adverts and elsewhere.   Currently various spanish comunidads are suing the like of Homeaway and Airbnb for allowing adverts without a licence number.

       

      These are early days and very possibly they will start to charge an annual fee

       

      All talk of whether you need a licence by not advertising online or with a se alquila sign is dangerous nonsense voiced by idiots.  If you are caught it will be expensive or you will not be allowed to have a licence ever.

       

      As I said easy to get the licence and then you can use the few effective [but very visible to the authorities] websites and cover your mortgage costs or whatever.

       

      Good luck!!

    • #189664
      luzcadiz
      Participant

      If as with most apartment blocks the roof is flat are you not able to apply to your communidad to install a solar hot water system?

      We have this on the costa de la luz coupled to an immersion heater [very rarely needed] but are going solar but still on the grid next year.    A tank on the roof even with insulated piping going down an outside back wall would also give you a good head of water and a  more powerful shower.   Initial cost may be more but greater client satisfaction and less reliance on ever increasing electric bills should make it worthwhile.   If you are thinking of short term rentals  [and Valencia will probably go that route] it might be worth checking the requirements listed in the tourism permits already issued for say Barcelona and more recently Andalucia which includes air con for summer rental and heat for winter rentals.   Not only that but you will need to provide a complaints book, declare all your taxes, issue invoices and more paperwork etc . . . so all has to be 100% perfect.

       

    • #185907
      luzcadiz
      Participant

      If you own a property in Spain and eventually become an elderly couple it is important to remember that unlike in the UK there is inheritance tax between husband and wife and that tax is payable in six months. The issues of PTT become almost irrelevant. PTT exists because of the tax evasive practices which were and still are practised between buyer and seller; assessing what you might have paid for a property using the catastral value is not so untoward in a normal market but normality is many years away in Spain.

      It is however possible to legally put one’s home in a UK company with dual spanish and english tax status paying corporation tax should you rent out your property. When the time comes to sell you then sell the company [or perhaps even a proportion of the shareholding] whose sole asset is your home.

      So it would be preferable to buy a UK company rather than bricks and mortar in Spain and perhaps for a seller to do this even at the point of sale . . . This is an initially expensive option and there are ongoing expenses such as annual returns, registered office costs, notary costs, annual accounts etc but it would remove so much heartache and stress at both ends of the process. The value of the asset in the company would still be liable for UK inheritance and other taxes so this is not a tax evading offshore exercise.

    • #224121
      luzcadiz
      Participant

      Hi there
      Yes, sorry to be a bit pessimistic . . . . if being rented out then it should have a licence to rent out. Local provinces are now employing many people to trawl thru websites such as Rentalia, Airbnb and Homeaway seeking out properties for rent which do not have a licence [VFT or VTR depending on your location]. The licence is both to protect the renter to ensure a basic standard is achieved a[fixed aircon may be a requirement] and also to control in some cases the explosion of more profitable short term rentals which have the effect of pricing out long term renters . . .

      If no licence is in place I would make the current owner applying for and getting one [a visit is required by the townhall] a pre-requisite to the sale [fines of 150,000 have already been issued to Cadiz/Malaga province owners renting out without a licence].

      Best regards

      Ian

    • #198116
      luzcadiz
      Participant

      Well, having checked all my paperwork I downloaded the documents, filled them in [5 minutes] and drove into Cadiz.   Just Luis waiting behind his desk in the atico of the Junta building in the servicio turismo.  He checked the paperwork, made some corrections there and then, made copies and gave me a receipt.  It was as simple as that.

      As far as registering guests [just taking their passport details and arrival / departure dates and emailing them to the local guardia office] this is just the same as any hotel’s procedure but you need to register with them to go online.   This law is to do with the movement of people and needs to be done with or without a short term lettings licence.

      good luck . . . and don’t be put off as the penalties for not complying with this law [and again it is purely to ensure that tourists have adequate acommodation] can be severe in the six figures and lead to being banned from having a licence

    • #198113
      luzcadiz
      Participant

      Hi Brendan

      I saw your inquiry last week but thought Raimundo may have replied.    There is nothing that I saw in the rules to justify this statement.   The bottom line is you are obliged to provide fixed ac units for VFT licence qualifying properties and for VTAR licence qualifying properties ensure that your guests can keep the temperature below 19’C with adequate fans or mobile ac units.

      It makes perfect sense to avoid wasting your money to have systems in place to turn the ac off when the guests are not there or if they tend to leave doors open.   The ultimate and what I am doing is to install solar pv panels and then it is somewhat irrelevant.   We have solar panels in Surrey and even there save ourselves considerable sums.   The pv systems in Spain seem a bit more primitive but still get the job done and will allow us to put in a pool heater for our autumn winter and spring guests.

      Good luck!!

       

       

       

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