Do I Need A Rental Licence IF I Do Not Advertise On The Net

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sunshine2016
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Do I Need A Rental Licence IF I Do Not Advertise On The Net

Post by sunshine2016 »

Hi, Another question. I can´t get a rental licence because our property is on a horizontal divided plot.


Am I understanding the rental licence law correctly that if you do not advertise on the internet with the big rental sights then you do not need a licence.

So if I got rentals by other means e.g. through friends and returning guests I would not need a licence.
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Re: Do I Need A Rental Licence IF I Do Not Advertise On The

Post by e-richard »

I love the way the internet leads us down the wrong path sometimes.
sunshine2016 wrote:.. if you do not advertise on the internet with the big rental sights then you do not need a licence.....
What you may well have heard but not seen:
.. if you do not advertise on the internet with the big rental sights then its less likely that you'll get caught for not having a license.....
:wink:
** Richard
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CSE
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Post by CSE »

Nope you have got that wrong.
It is if you let folks stay for free.
http://www.spanishpropertyinsight.com/2 ... al-decree/
I have to ask why are you going down the road of trying to do something illegally? As you have posted before you cannot obtain a licence due to the way your land is owned/split up. You said you obtained that advice from your solicitor.
To me it is rather a silly idea as you could be denounced by someone, have an accident in your home and you have no insurance to cover you, the Tax man will want to know where you get your money from, will you be able to explain that to the office?

Whilst it is ultimately your life in the end it is you that will have to be looking over your shoulder all the time.
Never try to out-stubborn your guests.
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kevsboredagain
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Post by kevsboredagain »

I heard that if you Like the Owners Direct Facebook page and type "Amen" you don't need a license.
Essar
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Re: Do I Need A Rental Licence IF I Do Not Advertise On The

Post by Essar »

Hi, Another question. I can´t get a rental licence because our property is on a horizontal divided plot.
That's a shame, but it's still better than having a vertical divided plot! :lol:
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CSE
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Post by CSE »

Essar the wording is a literal translation of a Spanish law regarding land. Admit it does sound odd. Sometimes it is best to use the Spanish word when asking about things in Spain.
Poor old sunshine has a major problem with this land issue. t means no income from now on unless they advertise on the Dark Web.
Never try to out-stubborn your guests.
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Casscat
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Post by Casscat »

It does not matter how you secure your bookings, but if you rent for money or money's worth then you have to fall within the scope of the regulations. How does the divided plot impact upon your ability to offer holiday lets exactly? Is it because you cannot assume permission from the other landholder(s)?
sunshine2016
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Post by sunshine2016 »

Hi, we went to see our lawyer and took all the paperwork for our property. The lawyer said we could register for a rental licence. He said that when you register your details are sent to the tax aurthorities. He also said that the paperwork is also sent to the local town hall to check that the property is legal for rental purposes. He said that because our property is on a horizontal division that the town hall will not allow us to rent it. We have no idea why they wont let us rent it, just another one of their laws. He said that they would then take legal action against us. So it seems that just by registering to rent we will face legal action. So we cannot rent our property anymore. It is a shame because we have made it the sort of place that we would take our holidays in. Now stuck with a property that we can´t rent out and is now worth a fraction of the amount we have spent on it. We are not wanting to go down the route of illegal renting so we will not be renting it.
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Casscat
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Post by Casscat »

I am still confused. What is the specific reason why you are prevented from using your home as a holiday let? What exact impact does this 'horizontal division' have? What 'legal action' will the ayuntamiento take against you for merely seeking registration? And is it worth getting another legal opinion? Finally who advised you to buy this house if it is riddled with title defects?
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Ben McNevis
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Post by Ben McNevis »

Casscat wrote: if it is riddled with title defects?
It's not a case of a defect in the title. It is common for Spanish properties to be part of a comunidad. That's all the horizontal division means. Spain's autonomous regions have the duty or at least power to regulate short term rentals and each one has gone about it in a different way.

In areas where the hotel industry has significant political clout, the regulations happen to be more restrictive. I appears that in Andalucia it is not possible to let a place short term if it is within a community. So, I guess, if it was a house standing on its own plot it would be OK, though I've never looked into the regs for Andalucia.

Sunshine: have you found out whether other apartments in the block (or Comunidad) are doing short lets? It may depend very much on the president of the Comunidad whether unofficial letting is tolerated. Laws in Spain are not as respected as laws in most other parts of the world (for example, when you buy and sell a property, the lawyers and even the Notario expect you to have a different declared value to the actual negociated sale price and part of the transaction is done as undeclared cash in an envelope, all to save the seller some tax.). However, when you get a denuncio and go to court the fines in some places are outrageous. So unofficial letting has to be done quite carefully.

I think it's worth talking to your neighbours as well as the lawyers to see how other people treat the regulations and whether there are ways round them.

If the complex is truly residential, then you probably won't have any luck as permanent residents do tend to object to tourists dragging their suitcases around at all times of night.
Cheers, Ben
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sunshine2016
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Post by sunshine2016 »

We are not an apartment in a complex. We are a detached property. The lawyer has told us that because the plot is a horizontal division we can not rent it out as the local town hall will take legal action against us. The next door neighbour divided his plot and sold the land to a builder who then built a house which we then bought. Are you allowed to rent such a property in other areas or is it just ours that say no.
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Ben McNevis
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Post by Ben McNevis »

I see. So, it really is an oddity in the title that causes this!

It doesn't seem logical that a detached house should come under the law of horizontal division (except where it's part of a group of houses that share facilities).

I have no idea if such things are possible, but you could ask your lawyer whether it is possible to get the title changed to make it an independently registered plot?
Cheers, Ben
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CSE
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Post by CSE »

McBen
We have asked for clarification on this thread.
viewtopic.php?t=25872
Our last post
As far as I can see, it is where the property, (house or plot or both) is divided between several land owners. Normally there are no boundary markers. It may be possible that the property cannot be sold without the other owner(s) agreeing or having part of the deal.
But we are not 100% certain on all of these facts.
We had seen properties, here in Galicia, for sale like that. It must be a shock for sunshine. What are you going to do? Was you told about this when you purchased the property? Suppose then it would not have mattered so much but now things have to be formalised to run a vacation rental.
However no conformation of our information, just as in this thread.
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Casscat
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Post by Casscat »

Ben, sunshine's property is a detached house, and furthermore a rural property hence my query about title. My own (campo) house is built on land that was sold off in 'plots' by the original landowner but there no issues of horizontal division. Sunshine I think you need to get to the bottom of exactly why this is an issue and what you can do about it. Seek a second opinion.
sunshine2016
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Post by sunshine2016 »

We are using just about the only trust worthy lawyer in our area so don´t know what else to do. Probably will have to try and sell at a substancial loss.
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