Registering Rural Property Andalucia Tourist Agency

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Swales
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Joined: Wed Mar 02, 2016 6:44 am

Registering Rural Property Andalucia Tourist Agency

Post by Swales »

I know the new rental laws dont apply to VTAR
Vivienda Turistica de Alojamiento Rural but
it is still a requirement to submit a form to legally rent
Although I have been told by the Junta that I do not need to register with the Registro Andalucia Turismo as such they said I do have to submit a self certification form
Declaracion responsable para el acceso o ejercicio de la actividad turismo.
There used to be a separate form for VTAR but apparently now they have consolidated their forms and this form is multifunctional so you only need to complete relevant bits and supply documents in accordance with relevant decreto/ley
it can be downloaded and presented in person or online with digital signature LINK BELOW to the downloadable version. You need to go to the Oficina Virtual to do the one with digital signature.
Has anyone completed this form I am stuck on a couple of sections. Would be good if someone has recent experience. Has anyone obtained a digital signature. I am doing from UK so need to go to consulate to get it verified.

http://www.ayto-morondelafrontera.org/o ... 429560.pdf
costa-brava
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Post by costa-brava »

Hi
I'm not in Andalucia and my properties are not rural but there are a couple of points I can maybe help you on.
You say that you can complete the form and hand it in personally. I don't believe that necessarily means YOU. When you present forms personally in Spain it normally means you take 2 copies to the office and they keep one and stamp the other to give back to you. At that point they normally give you a "numero de registro". I am fairly certain that any friend in Andalucia can trot along and do that for you. You just have to complete the form correctly and send it to your friend. If that doesn't work then you really ought to use a local agent or gestor (not my usual advice but the digital signature thing gets complicated).
You say it is a Vivienda Rural which is where you rent out the property as a whole. Casa Rural is where you let out separate rooms. On the second page of the form in the section for rural properties you with see two options "compartida" and "no compartida". The vivienda that you rent out as a complete dwelling is "no compartida".
Another point that others may be able to confirm for you. I am fairly certain that embedded in the rules is a stipulation that you need to notify the police of all guests within 24 hours of arrival and that you need to get a registration thing with them. I think this is new and at the moment not clear.
If you read my posts back over the last couple of years you will see that I always advocate checking things out personally and not just trusting an accountant/gestor. But with all the regulations that are now in place you will find it challenging to try to operate a holiday rental yourself from the UK.
Swales
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Joined: Wed Mar 02, 2016 6:44 am

Thank you CostaBrava

Post by Swales »

Thanks for advice. I think I have everything under control in terms of running the property and paying taxes in Spain and UK
It's not up and running yet as I have only just purchased but want to be sure I register correctly with RTA
I need some more help with the form if anyone can advise. In first section it asks for Datos de la Escritura de Constitucion is this the same as escritura de Compraventa ie deeds for property also what is Titulo para la Explotacion.
Do I tick Clasificacion boxes there don't seem to be relevant sections only seems to apply to hotels
I guess I just tick Inicio de actividad
There is an annex at back with details of number of rooms do I complete this and if so do I tick the annex box next to Compartida
Thank you to anyone who replies
costa-brava
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Post by costa-brava »

You're getting a cross-over with other types of property/businesses.
No that is not your escritura de compraventa. It is the notarial constitution of the community of owners in a complex. Some apartment complexes have a clause that prohibits tourist use but I believe you have just your own vivienda so it doesn't affect you.
DO NOT COMPLETE ANYTHING NEXT TO "COMPARTIDA" if you have a house that you are renting out complete. "COMPARTIDA" is for a "Casa Rural" that works like a guesthouse. You have only mentioned "vivienda" but haven't said if in fact you are doing a "Casa Rural" or a "Vivienda Rural". This very much affects how you fill in the form.
Not just that but if you are doing a "Casa Rural" there are lots more tax and VAT things you need that do not apply for a "vivienda".
I don't think you need to put anything in the classification section.
I've never done this application before but I can help you with the legal Spanish terminology. I can keep answering up to Thursday then off on holiday.
Maybe someone else can help if they have actually done the form. Most posters in LMH use an accountant or gestor.
Swales
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Joined: Wed Mar 02, 2016 6:44 am

Thanks again CostaBrava

Post by Swales »

Your advice is invaluable and confirms what I suspected.
Mine is only VTAR not Casa Rural
The Turismo at the Junta replied today saying I did. It need to provide any back up documents or paperwork just complete the form where applicable. They said if I don't have digital signature I can take to Spanish consulate here in UK which happens to be close to me!
A couple more queries on the form if you don't mind
Section 2
I guess I tick second box as I am not set up in the Sistema de notificaciones. I also presume I don't complete name and email details as this appears to refer to the one I would used if I was set up in Sistema.
Section 3
Tick first box authorising them to look my NIE up electronically
Section 5 I just tick Inicio

Also just to be clear I don't complete the Anexo del establecimiento even though it does include a box with details regarding number of rooms but I believe if I complete this I also tick the Anexo box in section 4 which you said I did not need to do.
Hope this is clear and again much appreciated
costa-brava
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Post by costa-brava »

On section 2 it depends, I think, on how you plan to send the form. If you take it to the consulate, it ceases to be an online document. How do you plan to send it? If you are not sending it online I think you are right that you will not be in the "sistema telematica". Like I said before you can send it to a friend in Andalucia who can take it for you. If you opt for the personal delivery it is important that you get a copy stamped. It could take some time before you get an answer and you want to get ahead and get bookings. Anyway, I don't see any harm in ticking that you agree with their system in item 2.1 as you are just giving consent. With that in mind I'd also give your email address so they can contact you. Honestly not sure on this one.
In section 3 I agree you should tick the box to access details of your NIE.
I don't understand your question on section 5. It is about the details of the property and I don't see any "inicio" box.
I am 99% sure that you don't get involved with the annex. If you look at number 2 of "aclaraciones" in the last page it tells you what the annex refers to.
Swales
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Joined: Wed Mar 02, 2016 6:44 am

Post by Swales »

Once again thanks almost there.
I may have put incorrect link to form. This is the latest form
http://www.juntadeandalucia.es/turismoy ... IVIDAD.pdf
Section 5 is Inicio bit I referred to and section 6 details of property. I can't find reference to aclaraciones about the Anexo.
Thanks again
costa-brava
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Post by costa-brava »

Hey! You're making this real easy! A link to the wrong form.
I can see it better now.
Section 5 yes you just tick "inicio"
Section 6 The first part is the details of the property and I suggest that for the "nombre de establicimiento" you put your own name. You might want to put the name of the house if it has one. The second part of section 6 is your home address etc.
Section 2 is different to the other form. It has 2 options. I think you take the second option which is that you authorise them but at present don't have the "direccion habilitada" in the system. And I would complete the email details.
The annex is also different because it now specifies Vivienda Turistica so you need to put 1 (one) unit for the first question and then the number of rooms and the total number of beds (plazas).
Swales
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Post by Swales »

Thanks for all your help. Yes not sure where the link to first form came from. Only had the house 5 minutes and beginning to realise how much paperwork the Spanish like. I'm now. I have had confirmation from Guardia Civil about what I need to do to register guests. There's a form I need to complete each time and submit online but first of course I need to visit local Guardia to get PIN and user name. Form link below if anyone interested.

https://hospederias.guardiacivil.es/for ... ELEROS.pdf

Thank you again
Swales
Posts: 40
Joined: Wed Mar 02, 2016 6:44 am

another hiccup

Post by Swales »

Oh my word I thought I was there

The Junta told me I could fill the form in online and print it off
It wont let me complete the form it keeps asking me to fill in boxes that are not applicable before it can be completed
ie in section 1 where I put home address details
It asks for provincia and municipio even though further down it asks for country.
There is now dropdown box for provincia or municipio in UK so wont let me proceed
Do I put the address of property in Spain and then
further down where it says address for correspondence if different add that? I tried that it seemed to work
Then I tried to complete and it would not let me without ticking clasificacion or reclasificacion
back to drawing board
costa-brava
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Post by costa-brava »

One of the things you need to watch is that there are penalties for giving wrong information.
I have been here for 30 years and have always done all my own paperwork but I sweat when I have to do everything now online.
Have you tried printing off the blank form. Fill in everything by hand putting n/a in the bits you leave blank. You then have a template of a completed form in front of you as you do it online.
Also sometimes if it won't let you progress till you put something the n/a works. "No se aplica" means doesn't apply. If it's a number put 0 (zero). Sometimes it works.
For the regions etc sometimes you have to click on the country first even though it's not first on the form.
One other thing I got wrong but doesn't matter for you. Looking at the new form the "escritura de constitucion" is for the constitution of a limited company not the community.
If it is obliging you to tick either "clasificacion" or "Reclasificacion" then you tick the first one because you aren't asking to be re-classified but perhaps to be classified as a vivienda rural.
Swales
Posts: 40
Joined: Wed Mar 02, 2016 6:44 am

requirements to comply with law

Post by Swales »

Thank you again
I am doing my best to get everything right
I have read all the small print on what I need in terms of water supply sewage, room sizes heating curtains etc and all is almost good to go.
I do have a question for someone else (its really not for me!)
They have been renting for a year (again a rural property)
they are only just aware of the requirement to apply for VTAR
when they submit declaracion do they have to have everything in place immediately or is there a period of grace (I think there was when decreto 20/2002 initially came into being (A years grace)
but I dont think this implies down the line when newcomers register. Perhaps you might know.
Also their main concrn is the Tratamiento y evacuacion de aguas residuales they have a Pozo Negro and they are guessing this wont meet criteria (they intend to put in a septic tank at end of summer) but in meantime does this mean they fall foul of the law. Thanks
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