Wednesday 8 December 2010

Spanish Laws...are they loco?

Every country has its peculiarities, especially legal ones. Spain has a cluster all of its own, so it is vitally important that you check and if necessary, re-check laws that may affect you if you come to live here permanently or just own a second home somewhere on the Spanish peninsular.

This week, a woman from Galicia, north-west Spain, has legally registered herself as the owner of the SUN. This was done under Spanish Law at a notary's office. She now intends to “charge” us all for the use of the SUN and says she will give the larger part of her new-found income to the government to help with the current economic crisis, some to stall the reduction of pensions and 10% she will keep for herself. Now..just imagine if she “charged” us all a nominal 1€ a month: that would 40,000,000€ each and every 4 weeks rolling into her coffers. Any government would be happy to have a large part of that income without having to do anything for it.

This brings me to yet another thought: that all governments are constantly finding ways of increasing their income for virtually no effort on their part which, I suspect, is why the government of Catalunya has recently passed a law concerning everyone who wishes to rent out a property for 3 months or less, i.e. to tourists. It is now necessary to obtain a licence to rent out your property for tourism and you need to go in person to the Ajuntament (Town Hall) to obtain it. Fees and requirements have been left up to each individual Ajunatment. The property owner will also be responsible for any problems caused by their holiday-let tenants and fines for failing to obtain the licence are expected to be very high.

You should not be put off the idea of renting out your property as it can still be very lucrative, especially from mid-June to mid-September. I suspect that landlords will try to put up their rental prices to cover the extra costs involved in getting the licence, but this may not be wise just at the moment when money is tight and the holiday rental market is extremely competitive. Good properties, though, near beaches or other leisure attractions always find holidaymakers to fill them.


I have a pretty 2 bedroom apartment in lovely seaside town to the south of Girona. Until now, I have let it out on a long-term rental but since my last tenants left without paying several months' rent, I will relaunch it for holiday lets from next Easter. I will now have to negotiate the new licence law in that particular town, so will be able to tell you more about what it involves as time goes by. I already have the “Cèdula d'Habitabilitat”, a certificate of habitability from the Generalitat of Catalunya (Catalan Government), which you need this for either long or short term lets. It is one of the “good” requirements as you only receive it once the property has been declared in good order and fit for habitation, which is necessary for everyone's peace of mind.

It is also possible that this new “Law” may not in fact be implemented. There were elections on Sunday for the Generalitat (government of Catalunya) and the balance of power has swung away from the ruling party. It may well be that, with hindsight, they decide that this licensing law will be detrimental to the tourist industry here and therefore “put it to one side”. Is that not Loco?

Sally
The Overseas Guides Company
http://www.spainbuyingguide.com/

No comments:

Post a Comment