Fuerteventura Forum

   

Update 22 May: Despite the hopes and arguments of those who wanted to be able to offer and use private rentals regardless of their prohibition in tourism law, the Canarian Parliament has today approved the much awaited “regulación” which adapts its Urban Letting legislation â€" and the hotel association Ashotel is likely to be highly pleased with the outcome. For according to the regulation, private letting may only be undertaken in “non-touristic” areas and where such letting is not already banned by other legislation â€" as private holiday rentals are by tourism law.

These private rentals are now regulated in Canarian urban letting law, as constitutionally required, and do not come into conflict with Canarian tourism legislation, as the government always insisted would be the case given that its tourism laws have been ratified in Spain to the highest possible legislative and juridical levels.

It will be a bitter disappointment for many who hoped that the Urban Letting regulation would force the Canarian Government`s hand, and who believed that private rentals in holiday areas were a virtual inevitably. Even in those buildings away from tourist areas, private rentals may only be undertaken if the statutes of the community do not expressly prohibit them.

Canarian Government spokesman Martin Marrero said that with the new urban letting regulation, and the existing tourism law, the Canaries was now compliant with the requirement to regulate private holiday letting, and that it had been impossible to facilitate the demands of all sides.

The president of the lobbying association Ascav, Doris Borrego, said that her association needed to study the new regulation in detail, but that she felt it was largely in keeping with their demands, and that Ascav had never sought the ability for short term letting to be undertaken in holiday areas. The regulation was historic, however, she said, for the thousands of owners that Ascav represents who will now be able to conduct short-term rentals in other areas. As I`ve said before, Ascav`s constituency is mainly Canarians rather than the foreigners who own in the main tourist parts of the south.

The regulation also, as expected, requires any short-term letting to be initiated by official application and declaration, along with documentation confirming habitability such as a cedula. The regulation will now be drawn up, and will be drafted in English as well as Spanish â€" as soon as I have a copy I`ll post it.

Well thats seems as clear as mud to me ,what does it mean in basic English  ;)

ditto

another ditto !  :o

Seems to me that if you if you have a place in a nice quiet little town away from the coast and you are not taking money from the big boys you will be OK (subject to a few rubber stamps). Otherwise forget it!

For instance, there are 100's of properties around us owned by people from Gran Canaria who only use them for one month a year They will now be able to short term let them

Quote from: Roar of the Rovers on May 23, 2015, 19:24:22 PM
Well thats seems as clear as mud to me ,what does it mean in basic English  ;)

It's in Gobbledigook, but Google Translate doesn't have it.

It seems from this that the hotel lobby has won the day.
If you have a property in a "touristic" area, you can't rent it privately. If you have a property in a "non-touristic" area, you can.
So, those with villas and apartments in Corralejo, Caleta De Fuste and Jandia will not be able to rent them.
That will do a lot of good for the bars and restaurants in the "touristic" towns!!!!!!

Daft. You can rent out in an inland village and annoy all the local residents who bought there for a quiet life, but you can't rent in an area made for tourism and compete with the large hotels. Let them get on with it, it will take a while but they will realise their error sooner or later. I'd love to know how many brown envelopes changed hands to come up with this grubby little number.

Talk about destroying the competition. They must be toasting with champers over a job very well done.

Fortunately beer swilling, noisy, drunken slob families are not attracted to the quiet and peaceful parts of the Island and therefore will not be attracted to apartments and villas there. Can you imagine some big fat skinhead   bloke with his tarty wife and eleventeen skinhead kids staying in Pajara or Betancuria. Nah they much prefer the likes of Benidorm or Caleta where the beer is cheap and they can still get chips and gravy.

Anyway, back to the matter in hand.

From what I have seen regarding this latest legislation, the only possible hope there is depends on how they define a 'tourist area'.
Do they draw a boundary line around area's of the town or do they use the council plans of what your particular piece of land is classed as. Your individual property or complex may be built on a plot of land that is not classed as touristic in which case, subject to application and granting of aforementioned licence, you can rent short term, although not as a holiday let as such.

We await clarification.  :)

How would you stand renting a property of Tamaragua? it is classed as a Residential area and comes under the postal district of La Oliva. 

Well there ain't any beaches locally and no hotels or tourist apartment complexes and only a couple of bars so not exactly Benidorm. If you can find anyone that would want to rent a house there for a couple of weeks as a "holiday let" well done

Trust me Spike 37 weeks of the year i heard someone had last year and not to shabby this year by all accounts its what people want nice and quiet no chav familys a couple of bars and a couple of places to eat ,suits alot of people down to the ground

Hi Deso the different areas are clearly marked on a map on the PIOF on the Cabildos website if you want to have a look.

This is from Janet Anscombes website....

*If you have a residential property you can let it out long term under urban letting legislation wherever it is, with a long-term residential contract.

*If you have a residential property you can let it out short term under urban letting legislation with a short-term specific purpose contract â€" the specific purpose not being a holiday let (because that breaches tourism legislation) â€" provided that the property is in a non-touristic area (see below) and that urban letting regulation prerequisites have been complied with (registration, declaration etc, as detailed HERE).

*If you have a touristic property, you cannot let it out privately for short-term lets. This is banned first by the new urban letting regulation which says that short-term lets must not be in touristic areas, and secondly by tourism legislation which says that short-term lets (at least under 3 months) are deemed to be touristic (unless coming under the terms of urban letting regulation) and so must be done through the sole agency system.

To clarify touristic and non-touristic areas, yes they mean “areas” not complexes. This will be officially clarified in due course, but I fully expect it to be a definition based on the land classification in an ayuntamiento`s PGO (general planning arrangements).

A final personal thought from me. Some are seeing this as providing more freedom in some way. I see the opposite because the regulation means that things have been tightened up since short term lets are now “regulated”. As such, short term lets will now only be legal if the owner has registered the intent to let out short term, complied with the requirements, furnishings, paperwork etc., and given a short-term contract. This means, effectively, that the days of genuine 3- or so month “informal” rental contracts are over!

Lets hope that Tama falls under the "non tourist area" then. The owner can then make application to short term let but not for "holiday letting" purposes

To me this now clarifies the situation further, to a degree, but yet to be formalised, with mandatory levels of control at "urbanisation" and "land classification" area level. What it also suggests is that the authorities will look to impose the regulations more stringently than before,  otherwise why bother to do all this work.

It will also give disgruntled residents more ammunition when it comes to denouncing holiday letters when their beauty sleep is interrupted by noisy neighbours enjoying a late night booze up during their weeks holiday

Sadly the bottom line:  It was always been illegal to "short term or holiday let" without a license anywhere on the island. Now it's not good news for people conned into buying properties that positively fall outside the the new "allowable areas". Nothing has changed for them, there is still no legal way to "holiday let" and there is NO longer any ambiguity. [That is if they decide to abide by the new regulations, which large numbers of people have ignored to date, at their peril of risking a heavy fine]. If the government does impose these stricter regulations there could be trouble ahead.

We've seen a few of the old names start to appear too - it is going to take time for people to come back without the fear of insults just because they express their own opinion and it differs from one a few people here who have got away with bullying and insults for too long

Thanks for that FiFi, this forum has certainly missed your regular contributions.

Quote from: fifi on May 24, 2015, 20:12:55 PM
Hi Deso the different areas are clearly marked on a map on the PIOF on the Cabildos website if you want to have a look.

Hi Fi, you are still lurking then  :D

http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5214_1.pdf


If they use this as the definition of 'Tourist Area' and everyone stops renting their places out then it's going to get a lot quieter out there.

Quote from: Roar of the Rovers on May 24, 2015, 19:22:06 PM
Trust me Spike 37 weeks of the year i heard someone had last year and not to shabby this year by all accounts its what people want nice and quiet no chav familys a couple of bars and a couple of places to eat ,suits alot of people down to the ground

And is this person licenced to rent out the property. If not, then they are not paying tax like the rest of us have to.

Thanks Tamkid. Hi Deso. I remember seeing a different map to the one you linked to. The mountain in Caleta was marked as mixed tourist and residential and most of downtown Caleta was Tourist. If I get a chance I will try and find it again. Still lurking. ;)

I'm totally lost .....this might as well be in Chineese, rent , can't rent in Caeta, does anybody know. HELP.

Simply put  -  you CANNOT [legally] rent out a property on a short term let in Fuerteventura without a license. No new licenses have been issued since 2003. If you do let out your property for less than six months you are breaking the law and may get fined a large some of money. QED

The new rules apply outside the tourist areas so do NOT affect the status quo in Caleta or Corralejo

I am going to start a petition to ban long term lets, I could write a book on the grief we have had for the last couple of years with many disturbed nights from noisy, selfish inconsiderate neighbours that owners can't care a toss about as long as they get their rental income.

Quote from: woe10 on May 25, 2015, 12:53:48 PM

Quote from: Roar of the Rovers on May 24, 2015, 19:22:06 PM
Trust me Spike 37 weeks of the year i heard someone had last year and not to shabby this year by all accounts its what people want nice and quiet no chav familys a couple of bars and a couple of places to eat ,suits alot of people down to the ground

And is this person licenced to rent out the property. If not, then they are not paying tax like the rest of us have to.

But you cant pay tax on illegal renting so im led to believe off all the lawyers on here but im sure they will thank you for your concerns woe  ;D

Sorry to hear about your noisy Neighbors Dave. I have had long term lets all around me on Tamaragua without any noise problems, Spanish, Italian, English and a couple of Argentinians. We did have a noisy dog which was sorted within a week, that's been about it, obviously apart from New Years Eve.

Just out of interest i wonder how many of these people who bang on about rentees who live on the island actually rented before they bought ?

Fair point. I wonder if any checked then to make sure their landlord had a license and was legally entitled to rent. Easy to become holier than thou  ;) when personal circumstances change.

Its a holiday island for gods sake not an old folks home. Thats why i can't understand these new laws which prevent rental in areas of tourism and could well push it even more into places where people have bought to be away from it all and really do deserve tranquillity.  Its also a myth that renting without a license means you don't pay tax. Its easy...you just declare it.

We rented a similar property on the complex for 5 years before we purchased, as during that time the property next door was not occupied and didn't appreciate that the potential noise problems from the next door neighbours.

 >:(Had a look at the Cabildo website (thanks Fifi) and here is the plan showing the touristic areas.
http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5214_1.pdf
It includes the whole of Corralejo, including Parque Natural, and all of Caleta De Fuste and Nuevo Horizonte, including Chipmunk Mountain.
So, if the interpretation is correct, nobody will be able to rent for "touristic" purposes in these areas.
Again, a good result for the hotels and a bad one for the local bars and restaurants

The Cabildos maps are very slow to load. In this one if you zoom in you can see a little more detail. The different colours show which areas are Tourist only which are mixed use and which areas are due for Tourist expansion. http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5199_1.pdf

So those in residential areas can let out legally under Urban letting law.

but NOT for "holiday letting"

Quote from: Spike On Q on May 26, 2015, 13:17:19 PM
but NOT for "holiday letting"

Yes that seems to be it Spike. Apartment holiday lettings will be  through a sole agent for the complex if it is classed as being Touristic and will be covered by Tourism law and not Urban law.

Seems to me that they have just clarified/tightened the rules such that they are more easily enforceable. If you are a private owner, and you have 'tenants' in your house/apartment, and if they don't have a 'formal' tenancy agreement (and the tenant does not have an NIE), then you are breaking the law and you will be fined.
Touristically licenced complexes (or which there are very few), must have a licenced handling agent managing the clients and taking their cut.
As Spike says, this is as it was always meant to be but just not enforceable.
And also they have now stopped short-term lets, within defined areas, which was used by some owners to circumvent the rules. No longer allowed or legal.
Judging from what some have said on this forum in the past, this is not what they were hoping to hear and will mean some will have to sell up. :'(

The last part of your sentence Archer regarding the "some owners will have to sell up" is interesting, the property market was bad before then surely these extra letting restrictions will make it much tougher to sell, or is my thinking wrong on this.

Owners who purchased on Tamaragua "off plan" many moons ago (like me), have been ripped off all the way along the line for all sorts of reasons. I dont lose any sleep over it, its just been a very expensive learning curve. Until someone is fined and everyone gets to know about it, not many owners that I know anyway,will take a blind bit of notice.

According to both the maps (which seem to be different but similar - both dated 2014 so I don't know what the difference is) my area of La Pared is outside the 'Touristic' area (which is basically the hotel which has been closed for business as long as I've known it).

So theoretically I have a chance of getting a licence.

Except that there's a possibility that my urbanisation junta may have a rule (which has never been enforced) banning rentals. So best I get some voting pressure going amongst the owners...

Quote from: Tamkid on May 26, 2015, 19:31:15 PM
The last part of your sentence Archer regarding the "some owners will have to sell up" is interesting, the property market was bad before then surely these extra letting restrictions will make it much tougher to sell, or is my thinking wrong on this.

Owners who purchased on Tamaragua "off plan" many moons ago (like me), have been ripped off all the way along the line for all sorts of reasons. I dont lose any sleep over it, its just been a very expensive learning curve. Until someone is fined and everyone gets to know about it, not many owners that I know anyway,will take a blind bit of notice.

Not sure if the new rental laws get the same coverage in German , Dutch or Italian, but it only seems to be the British worrying about it. Foreign renting homeowners and those who are service providers for properties seem either ignorant of it or don't give monkeys either way. I've a feeling these are the people who will carry on regardless, leaving the Brits to panic ,stop renting and put properties up for sale at garden shed prices. 

Quote from: Spike On Q on May 25, 2015, 15:37:39 PM
Simply put  -  you CANNOT [legally] rent out a property on a short term let in Fuerteventura without a license. No new licenses have been issued since 2003. If you do let out your property for less than six months you are breaking the law and may get fined a large some of money. QED

The new rules apply outside the tourist areas so do NOT affect the status quo in Caleta or Corralejo

I have been renting a Villa in Lajaras this last few trips.  Should I be concerned that the owner has the licence to rent out this property?  Or is Lajaras outwith the designated so called touristy areas, which I thought Lajaras was?

Maybe it should read: "you need a special licence if your within a Km of a beach or so!!   

Quote from: KWC on May 27, 2015, 09:10:08 AM

Quote from: Spike On Q on May 25, 2015, 15:37:39 PM
Simply put  -  you CANNOT [legally] rent out a property on a short term let in Fuerteventura without a license. No new licenses have been issued since 2003. If you do let out your property for less than six months you are breaking the law and may get fined a large some of money. QED

The new rules apply outside the tourist areas so do NOT affect the status quo in Caleta or Corralejo

I have been renting a Villa in Lajaras this last few trips.  Should I be concerned that the owner has the licence to rent out this property?  Or is Lajaras outwith the designated so called touristy areas, which I thought Lajaras was?

Maybe it should read: "you need a special licence if your within a Km of a beach or so!!

It is only the owner who would be liable if it was an illegal let.

If any one asks, just keep saying 'no comment', I think they can only hold you for 48 hours without charge.   ;D

more likely to find Lord lucan riding Shergar than a house with a rental licence in Lajares. ;D

or any other inland villages come to that)

Apparently they have teams of people with clipboards at the Airport departures, asking random passengers questions.
Starting off nicely,

"have you had a nice holiday"
"which resort did you stay at"
"how long for"
"was it a hotel or apartment / villa
"did you book it on-line through a website"
"what was the website"
"where was the apartment / villa"

Etc .. etc ..  :o

first time i saw one of those was about 6 years ago. Seen a few off and on since then. last year or two...nothing. Anyone different?

I must admit that over the years there has been quite a "Black Market" on holiday rentals and associated work relating to rentals. I cant blame the Spanish for trying to get it under some sort of control. It will be interesting to see how they do approach the policing of it. "Bar Coding" passports would my first point of call, only time will tell.

Is it just me, or does it look like these 'revised' rules favour the Spanish owners in rural areas and non-touristic towns, and hammer the foreign owners?

Quote from: Roar of the Rovers on May 26, 2015, 02:44:38 AM
Just out of interest i wonder how many of these people who bang on about rentees who live on the island actually rented before they bought ?

Still waiting for answers from some of the posters on here its not a difficult question really is it?

@Roar....and what of the ones who actually rented out properties prior to moving out full time who now are the first to complain about bloody tourists renting houses/apartments nearby >:(

Im Guessing by the lack of answers that most of them did,afterall they seem to like saying to anybody whos thinking of moving out to Fuerte RENT somewhere first or maybe try a couple of place dont jump in and buy im afraid HYPOCRITES comes to mind

Anyway im off to Dross all this intellectual stuff makes my brain hurt

Goodnight   

Quote from: fourthwisemonkey on May 27, 2015, 21:21:16 PM
@Roar....and what of the ones who actually rented out properties prior to moving out full time who now are the first to complain about bloody tourists renting houses/apartments nearby >:(

You can understand that to a certain degree if they eventually bought property away from the humdrum of touristic areas. But when they choose to remain on coastal areas amid the water parks , markets, beaches, complexes and hotels you have to ask if they don't just want their cake but eat it as well.

I'm (still) waiting on this big lottery win I have been promising myself over the years to buy a grand big villa over there.
No need to rent it out so these new laws won't effect me  :D :D

But on a more serious note, what if you were to say that the occupants were friends and no money had changed hands, would that suffice?
How would they prove you did accept money, especially if you didn't use a known web holiday type site!!

Quote from: KWC on May 28, 2015, 10:13:15 AM

I'm (still) waiting on this big lottery win I have been promising myself over the years to buy a grand big villa over there.
No need to rent it out so these new laws won't effect me  :D :D

But on a more serious note, what if you were to say that the occupants were friends and no money had changed hands, would that suffice?
How would they prove you did accept money, especially if you didn't use a known web holiday type site!!

I suppose this depends on what their definition of 'let' is?  If you 'let' someone stay in your property is that an illegal 'let'?

Here is the actual announcement in Spanish from the Gobiernos website and a Google translated version further down.

 

Presidencia / Turismo
Turismo
22 de mayo del 2015 - 14:31
Reglamento
El Gobierno de Canarias aprueba el decreto que regula el alquiler de las viviendas vacacionales de Canarias
El viceconsejero de Turismo del Gobierno de Canarias, Ricardo Fernández de la Puente Armas, aseguró que “tras meses de trabajo de forma conjunta con las asociaciones, agentes del sector e instituciones públicas, Canarias cuenta finalmente con la norma para el desarrollo de esta actividad en las Islas”
imprimir noticia Imprimir Noticia


El Gobierno de Canarias ha aprobado este viernes, 22 de mayo, el reglamento de viviendas vacacionales de Canarias. El viceconsejero de Turismo del Gobierno de Canarias, Ricardo Fernández de la Puente Armas, aseguró que "tras meses de trabajo de forma conjunta con las asociaciones, agentes del sector e instituciones públicas, Canarias cuenta finalmente con la norma para el desarrollo de esta actividad en las Islas"

El decreto recoge cuál es el ámbito territorial en el que puede desarrollarse la actividad, "quedando expresamente excluidas del ámbito de aplicación de este reglamento", tal y como especifica el artículo 3, "las edificaciones ubicadas en suelos turísticos que se encuentren dentro de las zonas turísticas o de las urbanizaciones turísticas, así como las viviendas ubicadas en urbanizaciones turísticas o en urbanizaciones mixtas residenciales turísticas, conforme a las definiciones establecidas en la Ley 2/2013, de 29 de mayo, de renovación y modernización turística de Canarias".

También contempla que "cuando se trate de viviendas sometidas al régimen de propiedad horizontal, sólo podrán comercializarse como viviendas vacacionales aquellas en las que, expresamente, no se prohíba dicha actividad por los estatutos de la comunidad de propietarios".

Otro de los aspectos recogido en el decreto se refiere a la forma de iniciar la actividad, mediante la presentación de declaración responsable por parte del explotador. De esta forma, "con carácter previo al inicio de la actividad de explotación de una vivienda vacacional", especifica el documento, "los titulares de la misma o, en su caso, las personas físicas o jurídicas a las que previamente el propietario haya encomendado su explotación, deberán formalizar una declaración responsable de inicio de actividad, dirigida al Cabildo Insular correspondiente, en la que se manifiesta el cumplimiento de los requisitos y preceptos desarrollados en el presente reglamento, y que se comprometen a mantener dicho cumplimiento durante el tiempo en que se desarrolle la actividad".

Además de esta declaración responsable de inicio de actividad, es necesario presentar uno de estos tres documentos, en función de la fecha en que se solicitara la licencia de edificación de la vivienda: la licencia de ocupación, la cédula de habitabilidad, o la declaración responsable de ocupación de inmuebles o instalaciones.

El decreto también busca la protección del usuario de estas viviendas especificando, en el artículo 7, que "la publicidad, oferta y gestión de las viviendas vacacionales se ajustará a las exigencias de veracidad, objetividad y buena fe, proporcionando a la persona usuaria información suficiente sobre las características de aquéllas, las condiciones de uso y las prestaciones que comprenden los servicios contratados; todo ello sin perjuicio de lo dispuesto por las normas vigentes sobre publicidad y defensa del consumidor y de la persona usuaria".

Por otra parte, el decreto que regula el alquiler de las viviendas vacacionales en Canarias detalla, en el artículo 12.4 que "con carácter previo a la efectiva ocupación de la vivienda vacacional por los usuarios, si la contratación no se hubiese realizado por escrito con anterioridad, será preceptivo que ambas partes firmen un documento en el que, como mínimo, se han de recoger las condiciones extractadas del contrato, con indicación de los horarios, número máximo de personas que pueden ocupar la vivienda y los precios a cobrar por el servicio de alojamiento, con el IGIC incluido. Este documento estará redactado al menos, en castellano y en inglés".

                                                     ........................................

The Canary Islands government has approved this Friday, May 22, the regulation of holiday homes Canary Islands. The Deputy Minister of Tourism, Government of Canarias, Ricardo Fernandez de la Puente Armas, said that "after months of work together with associations, industry players and public institutions, Canary finally has the standard for the development of this activity in the islands "

The decree reflects what the territorial area in which the activity can be developed, "are expressly excluded from the scope of this regulation", as specified in Article 3, "the buildings in tourist soils that are within tourism developments or tourist areas and tourist homes located in mixed residential developments or tourist developments, according to the definitions established by Law 2/2013, of May 29, renewal and modernization of tourist Canarias ".

Also provides that "in the case of housing under the horizontal property regime may only be marketed as vacation homes those where expressly no such activity is prohibited by the statutes of the estate".

Another aspect contained in the decree refers to the way of starting the activity, by submitting sworn statement by the operator. Thus, "prior to the start of the activity of operating a holiday home character," the document specifies, "the holders thereof or, where appropriate, the natural or legal persons to whom the owner has entrusted previously exploitation, must formalize responsible for starting activities directed to the appropriate Island Council, in which compliance with the requirements and provisions developed in this regulation occurs, and who agree to maintain such compliance during the time that statement the activity takes place. "

In addition to this responsibility for the start of activity declaration must show one of these three documents, depending on the date the building permit housing is requested: the occupation license, certificate of occupancy, or responsible declaration occupation of buildings or facilities.

The decree also seeks to protect the user of these homes specifying in Article 7 that "advertising, supply and management of vacation homes shall conform to the requirements of truthfulness, objectivity and good faith, providing the user with enough information on the characteristics of those, conditions of use and performance comprising the contracted services, all without prejudice to the provisions of the existing rules on advertising and consumer protection and the wearer. "

Moreover, the decree regulating the rental of holiday homes in Canary detailed in Article 12.4 that "prior to the effective occupation of the holiday home by the users character if hiring had not been made in writing prior it will be mandatory that both parties sign a document in which at least have to collect the extracted terms of the contract, indicating hours, maximum number of people who can occupy the house and the prices to be charged for the service accommodation with the VAT included. This document will be drafted at least in Castilian and English. "

This is what the Lanzarote business association had to say on the matter. They also had a campaign and were charging members for membership. After reading this it made me wonder what kind of fines if any there are if you break Urban letting law? I must see if I can find out .

                                          ................................

Legalising property rentals - Vivienda vacacional
23 May 2015 at 02:55



It was announced yesterday afternoon that the draft outlined by the authorities for the decree that will regulate the holiday rentals on the Islands has been approved by the Canarian government.

As explained by the Deputy Minister of Tourism of the Canary Islands, Ricardo Fernandez de la Puente Armas, "after months of working together with associations, tourism representatives and public institutions, the Canary Islands finally has the standard for the development of this activity in the islands”

It has been a long process, since the LBRA started the "Property project" in June 2012.

There have been many meetings with authorities, other associations, several political groups, and tireless efforts made on behalf of the private property owner. The constant lobbying on behalf of our members will now see some results. Unfortunately not all of the properties will be eligible to be legalised but the "limbo" situation and the risk of being fined for not complying with the law will now come to an end.



Private rentals will now be regulated by Canarian urban letting law, and will not be opposed to the Canarian tourism legislation. The regulation for short term letting will need to be initiated by official application and declaration. The regulation will need to be prepared and published in Spanish and English and once we have the document we shall forward it to our members.

At this stage we have no further information, as soon as we have more news we shall of course be in contact with you and ask for your patience in this matter.

Quote from: Holierthanthou on May 28, 2015, 08:49:27 AM

Quote from: fourthwisemonkey on May 27, 2015, 21:21:16 PM
@Roar....and what of the ones who actually rented out properties prior to moving out full time who now are the first to complain about bloody tourists renting houses/apartments nearby >:(

You can understand that to a certain degree if they eventually bought property away from the humdrum of touristic areas. But when they choose to remain on coastal areas amid the water parks , markets, beaches, complexes and hotels you have to ask if they don't just want their cake but eat it as well.

i think some have opened a bl**dy cake shop  ;)

Quote from: Roar of the Rovers on May 27, 2015, 20:28:36 PM

Quote from: Roar of the Rovers on May 26, 2015, 02:44:38 AM
Just out of interest i wonder how many of these people who bang on about rentees who live on the island actually rented before they bought ?

Still waiting for answers from some of the posters on here its not a difficult question really is it?

I'll let you out of your suspense. No, I came on several holidays but always stayed in hotels (Caleta, Jandia, Coralejo).

Quote from: Deso on May 28, 2015, 11:27:18 AM


I suppose this depends on what their definition of 'let' is?  If you 'let' someone stay in your property is that an illegal 'let'?

I think you just need to let the Council know what you are doing first Deso .....have a read of this. :D https://translate.google.ie/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Feldia.es%2Fcanarias%2F2015-05-22%2F21-Gobierno-Canarias-prohibe-viviendas-vacacionales-zonas-turisticas.htm&edit-text=&act=url


;) "Also it provides that in the case of housing under the horizontal property regime may only be marketed as vacation homes those where such activity is not prohibited by the rules of the homeowners.

Another aspect contained in the decree refers to the way of starting the activity, by submitting sworn statement by the operator. Thus, prior to the start of the activity, the owners of the house or the natural or legal persons to whom the owner has entrusted its operation, shall execute a responsible declaration to the council. "

ASCAV members who seem to be mainly Spanish do not seem happy with the result and there still seems to be some confusion.(Hardly surprising ....is it?  ;)) Log into their Facebook site to keep updated with the ASCAV campaigners interpretations. https://www.facebook.com/asociacionascav

The latest on the subject from the Prime Minister. https://translate.google.ie/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fwww.gobcan.es%2Fboc%2F2015%2F101%2F001.html&edit-text=&act=url

The full Boletin in Spanish....http://www.janetanscombe.com/wp-content/uploads/boc-a-2015-101-2512.pdf

Page 13 shows the kind of sign that will be put on registered properties.

Janets site appears to be down so here is a direct link to download the PDF. 

http://sede.gobcan.es/boc/boc-a-2015-101-2512.pdf

Web version,

http://www.gobcan.es/boc/2015/101/001.html

Vivienda Vacacional, or Holiday Home...

All Bars have a "Bc" and Restaurants a "R". This has been strictly enforced in Caleta by the relevant plice enforcers, and there is no getting away with it.

So, my question is, who is going around checking on vacation homes, to see if people are staying there legally, and if all the paperwork is in order. The licence should be displayed in a frame inside the home just like any other business.

Now, I know people who rent out holiday apartments who are oblivious to all this, and don't give a damn. They take the money and declare nothing, knowing that nobody is checking them out. This has to be stopped, to make it fair for all struggling businesses in Caleta that are legal, and paying vast amounts of tax.

Hey woe please try not to tar every home owning renter with the same brush.
Theres a lot out there unlike those you know who don't rake in the money but just eke out enough to pay the mortgage... if that. They probably don't declare it because after all their outgoings they don't actually make anything. Who are these people making supposed fortunes at the expense of the Spanish taxman? I've yet to meet one. What i have met is people struggling, want out, and can't even sell the place because of the present economic climate.

And i'm sorry that i don't have too much sympathy for the authorities who are failing to get the tax they thought they would. Because these are the same authorities who kept very quiet 10 years ago when estate agents were drumming up the rental potential of the masses of homes on the market, no matter where they were, residential or touristic. The money was rolling in from the associated taxes from property sales and they kept it all quiet so as not to rock the boat and keep the dinero coming in. Silence was golden in more ways than one. And then there's the old well worn line that buyers should have researched it more if they wanted to rent. Rubbish, because there wasn't one solicitor ( and i use the name loosely) who would put you right, as 9 out oif 10 of them were part of the gravy train with money coming in from conveyancing fees..tell people its unrentable yeah right...and lose money ?.

I have detected on here a feeling of animosity from some ex pats towards the predicament renting owners are now in. Try and recognise they are in this mess not because they were stupid, didn't research, asked no questions and went in blindly...but because of the greed and unethical behaviour of those that are now changing the goalposts.

So woe seeing your back on this thread Did you or did you not rent before you bought your place?

Hi Holierthanthou, you have nailed it exactly, that's how it was, and is, regarding the majority of ex pats who bought property as a holiday home. With my experience of the Spanish Government bureaucracy, i would think it a miracle if they police the rental market effectively.

I'm still confused by all this.

As a starting point does anybody know whether Cotillo is to be regarded as a touristic or residential area as I can't get the earlier links in this thread to work. Knowing within which of the two categories my apartment is to be classified will at least reduce my confusion by half  :)

Many thanks,

Ernie

Ernie

You'll need to see the map and work out where your apartment is. Cotillo seems to be split into 3 areas, the northern and southern parts look to be classified as "touristic" while the central part is residential. Unfortunately when you blow the map up enough to try and work out which bit is what it starts to get a bit fuzzy. Doesn't help in that it looks as though the demarcation lines were drawn with a paint brush - a big one!

Keith

Ok with out getting battered!! Can I ask a few questions please?

1. I'm guessing that the basic income in Fuerteventura comes from the tourist industry?
2. Many of the Hotels rely on All Inclusive?
3. Someone wanting a 1 week holiday in a tourist area will have to book in to a hotel?
4. A Family with no Driver will have to book a hotel in a tourist area?
5. A disabled family who need to be near shops and a beach will have to book a hotel in a       tourist area?
6. A Family who want the privacy of a Villa can not book one in a tourist area?
7. A Family who want apartments can not book them in a tourist area?
8. A Family who want to walk to restaurants and bars, can not do this in a tourist Area, unless they are staying in a hotel?
9. Is this why I can only find villas to rent, over towards GEAFOND with no chance of a nice walk to the shops, restaurants and bars?

I am wondering if Fuerteventura doesn't want tourists unless they want to book A/I with the masses!
I do understand that residents want some peace, and I do understand that regulations need to be followed, but as others have said, who will 'Police' this. Will it be down to local residents watching who comes and goes and reporting landlords/owners of apartments and villas to the authority?
How will residents know if the people using the villa are family of the owner?

There have been ways of owners renting out their properties in different ways and as it has already been said on here, I would think that most owners just break even, with mortgages and running costs etc., and if some owners do rent out  their properties as a business then as in any country, they should be paying due taxes. Although the UK doesn't have a very good record of collecting tax from Big Businesses who trade here etc.....

I'm not surprised that bars, cafes and other businesses have been closing over the past few years. We love Fuerteventura but I can understand why other families choose other destinations where they can rent a Villa or an Apartment, where they choose to.

We've missed Corralejo these past couple of years so I am asking our 'Extended Family' if any of their relatives would like to 'donate' 1 week at their Villa, to us and we can cover expenses 'privately somehow, etc' .............but if we can't find a Villa, where we need it, close to restaurants and shops, then we may have to look elsewhere and that's sad  :'(

Fuerteventura seems to be cutting it's nose off to spite it's face. Sure, the hotels and some influential figures will prosper but the economy will suffer in the end and business and residents will feel it.  Shame, it's such a beautiful Island but some people don't want to share it !

There are at least 122 private villas available for rent on Fuerteventura, advertised on Owners Direct, 86 of those are in the Corralejo, no shortage of private rental properties for your holiday.

With regards policing, if their heart was really in it (which I doubt) then they reckon they will be looking at Utility Usage, Bank Accounts Transactions, comings and goings at the suspected villas (unofficial cleaning etc), internet advertising, names on passports (regarding if you are related to the owner), a "grass the villa owner up" Phone Number. It will obviously be difficult with regard to cash transactions, but the scare factor (if they go ahead) will be enough to put a lot of owners off renting, only time will tell.

Quote from: pennylane on May 31, 2015, 22:58:57 PM
Ok with out getting battered!! Can I ask a few questions please?

1. I'm guessing that the basic income in Fuerteventura comes from the tourist industry?
2. Many of the Hotels rely on All Inclusive?
3. Someone wanting a 1 week holiday in a tourist area will have to book in to a hotel?
4. A Family with no Driver will have to book a hotel in a tourist area?
5. A disabled family who need to be near shops and a beach will have to book a hotel in a       tourist area?
6. A Family who want the privacy of a Villa can not book one in a tourist area?
7. A Family who want apartments can not book them in a tourist area?
8. A Family who want to walk to restaurants and bars, can not do this in a tourist Area, unless they are staying in a hotel?
9. Is this why I can only find villas to rent, over towards GEAFOND with no chance of a nice walk to the shops, restaurants and bars?

I am wondering if Fuerteventura doesn't want tourists unless they want to book A/I with the masses!
I do understand that residents want some peace, and I do understand that regulations need to be followed, but as others have said, who will 'Police' this. Will it be down to local residents watching who comes and goes and reporting landlords/owners of apartments and villas to the authority?
How will residents know if the people using the villa are family of the owner?

There have been ways of owners renting out their properties in different ways and as it has already been said on here, I would think that most owners just break even, with mortgages and running costs etc., and if some owners do rent out  their properties as a business then as in any country, they should be paying due taxes. Although the UK doesn't have a very good record of collecting tax from Big Businesses who trade here etc.....

I'm not surprised that bars, cafes and other businesses have been closing over the past few years. We love Fuerteventura but I can understand why other families choose other destinations where they can rent a Villa or an Apartment, where they choose to.

We've missed Corralejo these past couple of years so I am asking our 'Extended Family' if any of their relatives would like to 'donate' 1 week at their Villa, to us and we can cover expenses 'privately somehow, etc' .............but if we can't find a Villa, where we need it, close to restaurants and shops, then we may have to look elsewhere and that's sad  :'(

Fuerteventura seems to be cutting it's nose off to spite it's face. Sure, the hotels and some influential figures will prosper but the economy will suffer in the end and business and residents will feel it.  Shame, it's such a beautiful Island but some people don't want to share it !

Yeah your right with most of your views, but like in any walk of life there are ways and means to go under the radar. I'm possibly classed as an "old fart" in that i'm only interested in staying in Fuerte long let from Jan thru March,however I'm looking to visit from Oct/Nov this year and there are plenty of vacant accomodations available on the usual websites /letting agencies from 1 week onwards. I think its a case of "flying by the seat of my pants" attitude with some owners and If I/we get caught with the local authorities so be it.

If I build a bar in my garage and open it to paying members of the public can I claim it is not a business and I just needed the money to pay the rent on the garage? How would other local bar owners feel if they were complying with all of the business rules and I was stealing their customers?

Unfortunately that scenario has no bearing on the situation. It would do though if you were sold that garage with the direct implication that you would be able to open a bar in it. And they, the local authorities and your own solicitor were complicit by their deliberate silence in failing to inform you otherwise. Then 10 years later someone turns up with a clipboard and tells you you can't have a bar there, you should have researched the situation...and its your own fault, you were an idiot for not being aware of the rules we deliberately forgot to tell you about and that up until now have never been enforced anyway.  Nice eh? Mis-selling on a gargantuan scale.

Whose business are they stealing ?. Not other private home renters because very few if any at all in either tourist or residential areas actually possess a license, and are not likely to ever get one by all accounts. They would however be competition for the A/I hotel groups who seem to be the only real winners. They might even have to open even more to cater for the ex private apartment and villa renters. Lucky them.

Private letting to tourists provides extra business to the island, not just competition for the same customers. There's enormous demand from Brits who want that type of accommodation, and ONLY that type, and in terms of percentages that demand is even greater from the French (and no doubt other nationalities). I'm active on tourist information sites for both groups and, believe me, there's a real market for private villas and apartments and even B&B or just a room in a private house. The bigger and more "inclusive" the hotels get, the more many people shy away from them.

If this new law has the effect of denying home owners the right to advertise eminently suitable accommodation, then the island will be the loser. Particularly with this push for a more upmarket brand of tourism. Are all those "5*" tourists really going to want to stay in AI hotels rather than in luxury villas with PRIVATE pools and spas?

Good post SheilaW. Its hard to believe anyone could think otherwise.

The same thing is happening in portugal at the moment. Owners are obliged to become legal and in so doing have to register with the Portugese tax system. The big difference there though is they are not implementing draconian off limits rental areas and are not withholding licenses. If you apply for them within reason you will get one. They are also bringing in new tax levels for home owning renters to make it worth their while but also by tax payment to be an asset to the Portugese economy. I know all this because a close relative has just been through the process and was very impressed with how easy it was to register and how rental friendly the rules are.   All a far cry from Fuerteventura.

Its refreshing to see someone who lives there having the good of the islands future at heart, instead of the blinkered attitude of some who thinks its their own little private retirement bolthole.

I have not seen a map which identifies which areas are touristic or residential in Correlejo. Does anyone know which category the Tamarindo area fits into? I have an apartment on a residential site there but I do not rent it out.Lots of apartments are rented out on this site even though it is classed as residential.

Quote from: Fred on June 01, 2015, 12:16:00 PM
I have not seen a map which identifies which areas are touristic or residential in Correlejo. Does anyone know which category the Tamarindo area fits into? I have an apartment on a residential site there but I do not rent it out.Lots of apartments are rented out on this site even though it is classed as residential.

I don't know the full history of Tamarindo but from what I've seen it's absolutely absurd that they aren't officially available to tourists. They've been built with about 3m2 of space in a corridor for the most minimum of kitchenette areas, and no storage areas whatsoever. Doesn't that sound like temporary, holiday accommodation, rather than residential?

@ Holierthanthou: When I retire (I'm registered as autónomo at present), I want to be living in a thriving and happy Corralejo and Fuerteventura. I can't imagine anything worse than being somewhere that has nothing more going for it than beaches and sun. They're both lovely to have, but alone they don't make for a full and happy life. Not in my book, anyway. Having lots of happy tourists around filling the bars and restaurants is what we need, and so does the council if only they'd wake up to the fact. (BTW, I have absolutely nothing to do with the tourist trade, financially. I'm just happy spending my money in those places.)

I have picked up a few comments from these posts that show that some people are ill-informed.
Firstly, if you have a holiday home here, particularly if you are renting it, you have to complete a Spanish tax return. It doesn't matter if you are making a profit or not. You can offset some expenses (Different for residents and "extranjeros")so you may not pay any tax but you must still complete a tax return.
Secondly, anyone who earns money from cleaning, maintenance etc. who is not registered, paying social security and tax, is working illegally. There has been a clamp down in recent years on people working in bars, restaurants, shops without paying anything. One of the arguments from the hotel lobby is that they have to compete with apartments where no tax is paid and cleaners are paid cash. Expect a purge, sooner rather than later.

All the more reason for them to go down the line Portugal has taken. They are making it worthwhile for owners to register and become part of the economic system. Not sure how a successful purge will be implemented against illegal workers, they can't even manage it in the UK. If you are renting illegally and paying no tax you aren't on the radar. If you aren't on the radar they can't inspect your outgoings. Even if they could they would have no idea of cash payments to service providers. Good luck to them if they want to purge the hundreds of gardeners, and handymen that are around but i think they'll be on a wild goose chase particularly in rural areas.

And there is VAT to be charged on ALL vacation rentals, so another way of breaking the law if the rental is not formalised.
My personal view is that there is still quite a lot of tourist registered accommodation in the main resorts - just look on the tour operator websites, and I'm optimistic that they will eventually grant more licences to suitable properties. But this will never include Residencial - the clue is in the name! And, it was written into your Community rules when you bought.
And of course there are plenty of resorts not covered by the map of red areas.
I don't think it's quite as bad as some believe.
BTW:If you say that your agent and lawyer mislead you, why not take action against them, afterall, the rules are not new, just tightened up? Or name and shame them on this forum!!
I've heard there's still agents telling people it is ok to rent to tourists.

Take action against them?. What sort of action?. Proving a cospiracy of silence conducted over 10 years ago in somewhere as notorious as Spain is for local government corruption is optimistic to put it mildly.

You'd have more chance of nailing Sepp Blatter.

Quote from: Roar of the Rovers on May 31, 2015, 15:25:05 PM
So woe seeing your back on this thread Did you or did you not rent before you bought your place?

Yes I did, in the early 90's, before all these laws were in place. It was a free-for-all then  8)

Thanks for replying to my questions everyone.
I am trying to find a villa, North of the Water Park.
My Daughter and I are both disabled and after orthopaedic surgery I was trying to find a Villa closer to the main strip in Corralejo.
Owners Direct do have some Villas, yes but most of them are over towards the Geafond area.
My Daughter needs a wheelchair now for going any distance and it would have been good for us to stay somewhere closer to the shops and restaurants, with out having to hire a car and drive everywhere. There will be 6 of us in our Family group, so I would need to hire a people carrier.
The flights in October, on the only date that we can make it, are around £200 each and the only Villa that I have been offered up to now is over £1000 . I'm not considering A/I but there are sites offering flights/hotel and A/I for under £300 per person.
Maybe I'm naive but I thought that I might have found a Villa for no more than £500. I guess prices have gone up since I last stayed in Fuerte?
I will keep looking on Owners Direct etc and see what I can find, within walking distance. 

Hi Penny, depending on the age of your daughter the Barcelo Hotel (Adults Only) in Corralejo is geared up for Wheelchairs, its just off the main drag, great hotel in all areas of service. I do knowthat James Villas have quite a few rentals on the same drag as the Barcelo, might be worth having a browse on their site if you haven't already.

I don`t honestly think there are many villas so close to the main street..There are a few close to the Campanario centre but as they are almost by the sea, will command top dollar. Realistically, for your price range, the area you don`t want to be in is where you will get the best prices..

     If you are looking for good weather early October time, look at the mainland resorts or Balearics..Many of which might fulfil your requirements...Don`t rule anything in and don`t rule anything out

Quote from: woe10 on June 01, 2015, 19:24:01 PM

Quote from: Roar of the Rovers on May 31, 2015, 15:25:05 PM
So woe seeing your back on this thread Did you or did you not rent before you bought your place?

Yes I did, in the early 90's, before all these laws were in place. It was a free-for-all then  8)

(http://imagizer.imageshack.us/v2/xq90/661/ILfhiV.jpg)

Thank you woe i supposed that makes you one of the elder immigrants,oops sorry ex pats on the island  ;) ;D ;D 

The laws are passed by the government of The Canary Islands who are given a mandate by the people that are allowed to vote in the governmental elections due to their residential status

It's called democracy - how would you feed if some foreign johnnie, without voting rights in the UK started to criticise laws passed by a democratically elected British government?

As I've said before, become a Spanish national, stand for parliament and get the laws changed -  otherwise not much point in critisism as the local populace seem quite happy with the way things are

Holiday lets weren't even mentioned in the recent national elections

Quote from: Holierthanthou on June 01, 2015, 19:19:17 PM
You'd have more chance of nailing Sepp Blatter.

Haha HTT, that's funny  ;D

Mind you, I think it happened, today!!

Seriously though, do you want to tell us who told you it was ok to rent when you bought, and what your lawyer told you? Is it one who still gets recommended on this forum. Just interested to know.

hi, anyone know where I can view a map showing the rental areas in Cotillo?
thanks

There's a link on page 1 of this thread, and another on page 2. They are really slow to load and move around, so be patient!

The estate agents and management companies are still at it  -  just look at their web sites. They rely on the naivety of many people, just like the timeshare and other scams used to. Remember the adage that goes back centuries, "Buyer Beware!"

There are even people happy to let the estate agents deal with "all the legal matters"  too, we've seen them here!!!!!!

Quote from: archer101 on June 02, 2015, 20:34:53 PM

Quote from: Holierthanthou on June 01, 2015, 19:19:17 PM
You'd have more chance of nailing Sepp Blatter.

Haha HTT, that's funny  ;D

Mind you, I think it happened, today!!

Seriously though, do you want to tell us who told you it was ok to rent when you bought, and what your lawyer told you? Is it one who still gets recommended on this forum. Just interested to know.

No archer i wouldn't name names on this forum. No way. It never actually happened to me as i built my house and renting it out wasn't a priority. But i know that many people did buy for that reason and were terribly let down by those that should have been advising them. If they are still doing it now its scandalous.

Quote from: Spike On Q on June 02, 2015, 21:17:41 PM
The estate agents and management companies are still at it  -  just look at their web sites. They rely on the naivety of many people, just like the timeshare and other scams used to. Remember the adage that goes back centuries, "Buyer Beware!"

There are even people happy to let the estate agents deal with "all the legal matters"  too, we've seen them here!!!!!!

Then why don't the authorities police this mis-selling at source instead of waiting till people have bought and then fining the owners?

I wonder if the Canarian Tourist Board will actively publicise the fact that holidaymakers must only book into hotels or tourist complexes when visiting the islands tourist areas?

I think not.

Classic mummy state quote. Blame "the government", grown ups can't think for themselves anymore, it's always somebody else's fault.

Did anyone read the reply on the Janet Anscombe page about converting a complex to 'Touristic Use'?

Quote:
..... it is in fact possible, within certain constraints, that residential communities could engage in touristic letting. These constraints would make it difficult to achieve, but not necessarily impossible. Providing that a community`s statutes do not expressly prohibit it, and a vote was legally passed by the community and achieved the required percentage, then the community could set up a commercial entity â€" either an SL company or an Asociación â€" which would apply for a touristic licence. Any bookings would be through this entity and managed by it as in the case of a touristic complex. Providing that the community complied with every requirement for touristic complexes, the government could not in law refuse to grant a touristic licence. The government could not even drag its feet, because under the Administrative Silence Act, it has six months to respond, or the licence is awarded by default. All this would not necessarily be easy for a community to achieve, but it is theoretically possible.
The required percentage (consent of owners) is 100%, and there would inevitably be significant costs involved for the Community to upgrade the complex to meet standards for a licence.

Looks like an opportunity then to license a community. Mind you I think obtaining a majority would be difficult as most communities seem to have more residents than holiday let businesses. The residents are often more powerful within the community structure as it would be their daily life that would be affected

Tamaragua always crops up here in these discussions, what do the current contributors believe would be the outcome of such a vote there?

Hi I am quite new to this forum so for give me if I have missed something ,I own a property in Corralejo near the Bahia and rent in it for around 12 weeks a year it just helps pay some of the costs I did not really buy it to make money just to have great holidays however the income from rentals certainly help ,with little costs it would adapt easily  to some of the stipulations requested to get a licence ,but from what I see yu cannot actually have a licence any way ,is this correct ,?many thanks

Sorry Cornish you are breaking the law and risk a very heavy fine. The new rules do not affect your property, in fact make it even clearer that you cannot legally holiday let. Alot of ex pats are breaking the law and risking that heavy fine because they have no choice but it ain't going to change anytime soon and I suspect the authorities will put alot more effort into prosecuting those that circumnavigate the law.

Are you scaremongering Spike or is there any substance to your suspicion? Even if there is it will just mean putting away a contingency fund for the (remote) eventuallity. If I stay where I normally stay, the fee is handed over in cash, anyone asks me I am a good friend of the owner, don`t pay anything. The authorities are going to have to do a lot of investigative work to prove anything. In all probability the said authorities have demonstrated their willingness to carry out the commands of the big money hotel chains, and will as usual not have the incentive to spend time and effort securing prosecutions.

well put zz, my thought's exactly, how can any proof be got in handing over of cash, never will be detected, renting has been going on for years, and will do so for many more, i know of a lot of people that renting their property was planned for, to cover mortgage's etc. the danger for anyone getting "caught" would be thru' advertising, it'd be easy for authorities to pose as a rentee ....... "gottcha"...... i.m glad to say i aint one of em (renter) that is, i would'nt like the thought of a stranger staying in my place, except for family of course.  8)

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No ???   Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

Plus they don't need you to pay the fine if you choose to ignore the summons and defend yourself. Legally they are entitled to put a lien on the property, along with any other debts, so that when you come to sell they have first call on the sales proceeds.

Successful prosecutions have already been completed on other islands. So many expats think that because they are dealing with "foreigners" they can pull strokes  -  good luck!

As to scaremongering, this latest confirmation of the facts surrounding the short term and holiday letting of apartments is clear. Should you decide to ignore it that is your choice as long as you understand the risks and factor them in when decision making. It's the balance - how much do you wish to gamble on being caught and how desperate are you for money to pay the mortgage

Quote from: woe10 on June 04, 2015, 13:39:30 PM

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No ???   Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

I don`t think you are getting it Woe. I`m staying with my good friend Spike, he lets me have the spare room `cos we are such good friends. I don`t pay him a penny.  I have stayed with him many times up there in the mountains. Just me, Spike and the goats. I usually have a bet with him, first one to spot a goat wins £500. Spike always wins.

Of course they are not going to target holidaymakers in rented accomodation. They don't have the money time or personnel to go knocking on doors listening to hard luck stories. They barely scratched the surface chasing down owners and the only fines issued in Fuerteventura i've been led to believe were to estate agents. And only a couple of those at that. You might get them turn up due to a denuncia but thats about it.

Unfortunately it is hard to prove if someone is a friend or relative or even if any cash has actually changed hands. They've been trying to stifle the black economy in the UK for donkeys years and are still no nearer a solution to the problem.It costs too much to take it on. As far as i'm aware you are not required by law to hold a receipt for money paid for a rental deal but i'm sure i'll be corrected if wrong.

Whatever the case anyone coming on this site with a break to the island in mind must take one look at some of the comments and quickly look elsewhere. Might not matter to a few of you but it most certainly will to the islands businesses and any people renting who actually do have a license.  Well done.

Quote from: zedzedeleven on June 04, 2015, 15:32:53 PM

Quote from: woe10 on June 04, 2015, 13:39:30 PM

"The authorities are going to have to do a lot of investigative work to prove anything."

It doesn't work like that. The way it works is, for YOU to prove you paid legally. Do you have a proper factura for the money paid. Do you have signed contracts from the owner that you are letting the property.

No ???   Well, they've got YOU mate, by the short and curlies. They've heard every excuse going, they're not stupid.

I don`t think you are getting it Woe. I`m staying with my good friend Spike, he lets me have the spare room `cos we are such good friends. I don`t pay him a penny.  I have stayed with him many times up there in the mountains. Just me, Spike and the goats. I usually have a bet with him, first one to spot a goat wins £500. Spike always wins.

ZZ, listen up..I can get you a monster deal much better than Spike for that sort of dosh....and you wouldn`t have to put up with him or his smelly goats  :-*...........just say the word mate  8)

You are not committing a crime by booking an unlicenced property. But cannot comment on the insurance liability issue.
You must remember, this law was introduced for more than one reason:
The first was pressure from hoteliers, hence the limit on rentals in tourist areas.
The second was the excessive number of persons occupying totally unsuitable property. I'm told by a vacation rental agent that the Spanish are the worst offenders - the rent a house for 2 persons, then everyone and his dog turns up (mainly from Gran Canaria) and cause havoc with the nejghbours, partying 'til dawn.
And the third is the authorities are missing out on the tax income. Slapping VAT on all vacation lets gives an immediate revenue stream. But also, by registering every 'let' as they propose, they can cop the tax money due.
This is no different from most other countries, now, as HTT has already stated.
Keep your head down, don't book your apartment or home to groups and no-one is likely to say much.
But, if you book the 'family from hell' (I've seen a few on the flights over) you are asking for an early fine!
Oh, and DON'T advertise ANYWHERE or they'll see it!

Quote Paully <ZZ, listen up..I can get you a monster deal much better than Spike for that sort of dosh....and you wouldn`t have to put up with him or his smelly goats  :-*...........just say the word mate  8)> Thanks for the offer Paully but just for the record (or erm, not for the record!) I am well accommodated in a private and well placed apartment. I would also add that what I get for what I pay is far in excess of some ( most ) of the so called aparthotels. All the household appliances I have at home and an attentive host. Compare that with the meagre furnishings and threadbare bedding, very basic kitchen equipment and inadequate cleaning service at places like the Maxorata and all for the same price. The point is of course if those places upped their game and stopped treating the paying guest with such contempt I would still be supporting them, as it is I have found a far better deal, and also now know of a few more. Viva free enterprise.

Ah yes ZZ but did you..

a) Demand to know if they have a license

b) Possess a signed contract from said licensee stating you are now in residence

c) Keep a factura listing all paid for services in case of a dawn raid

d) adjust your insurance to cover costs in case you are banged up in Corrie nick for renting with intent.

If not i know a nice little All Inclusive joint....

I guess you already know the answer to all that. I`m sure that no one has ever complied with it wherever they stayed. The only document I have ever signed that I remember is for the safe key.  I`m not sure that any or all of it exists anyway, you should get together with Spike and dream up a few more scarey bye laws.

If you own a property that you can only let out legally as a long term rental what is to stop you renting it to your wife/husband/son/daughter etc with no stipulation in the contract re sub-letting. Could they then let it out for holiday lets? They aren't the owner so can they be held liable? Not something I'm thinking of doing but just wondered if it would work.  ;D

I guess the authorities could easily go onto Owners direct/abroad/James etc etc and find out who are at least advertising their property for rental.

It could then easily be visited and a record of the visit taken for for future reference. 
That in its self might frighten the life out of a good few owners!

Quote from: TamaraEnLaPlaya on June 05, 2015, 01:44:27 AM
If you own a property that you can only let out legally as a long term rental what is to stop you renting it to your wife/husband/son/daughter etc with no stipulation in the contract re sub-letting. Could they then let it out for holiday lets? They aren't the owner so can they be held liable? Not something I'm thinking of doing but just wondered if it would work.  ;D

Clever thinking. Maybe too clever for here.
Here they have an other way:
Knock knock,
Hello
You think you clever. You think I dumb.
I hit you. You want, you hit them okay?
Bye

you have to have serious concerns for the sanity of some posters on here.

Saw this petition on another Fue site (Sperick you can only sign once  ;) )

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias?recruiter=311254897&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_page&utm_term=mob-xs-no_src-custom_msg&fb_ref=Default

This FaceBook page is one started by a group of local Spaniards https://www.facebook.com/asociacionascav - they have started the www.change.org petition - and desperately need more signatures.  Unfortunately the change.org site is not working at the moment,but if you want to help to change this law then keep trying until the site is working again, and sign.  I read on the FB page that 19 new inspectors have been appointed to claw in the fines!

Here's the direct link to the petition

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias

If you want to be able let your property legally and without huge fines,  then do sign it. Be in it to win it!!! The Asociación Canaria del Alquiler Vacacional is a very vociferous group and they are determined to change the new Decreto against illegal letting. Do try to help them and yourselves.
 

Quote from: emmi on June 09, 2015, 13:04:01 PM
Here's the direct link to the petition

https://www.change.org/p/presidente-gobierno-de-canarias-fernando-clavijo-batlle-el-gobierno-de-canarias-traiciona-a-miles-de-familias-canarias

If you want to be able let your property legally and without huge fines,  then do sign it. Be in it to win it!!! The Asociación Canaria del Alquiler Vacacional is a very vociferous group and they are determined to change the new Decreto against illegal letting. Do try to help them and yourselves.

It's all very well that people can let out their properties legally, as long as they pay Tax on the money they earn, like everybody else has to  :'(

The petition is about "softening" the impact of the Decreto which does not allow letting of property within a Tourist Zone. This will seriously impact the economy of the Island(s)
and leave many people with serious financial problems.  I am sure if the restrictions are lifted, then the Tax Man will appear on the horizon as well he should.  But at present the situation is ludicrous for those who bought with the intention of letting to cover costs, and who cannot legally do so.

But emmi if you start a business without proper research, investing large sums of money,   and it goes bust surely it is no ones fault but your own. It happens all the time. It has been illegal to holiday let in Fuerteventura for years, this is not a recent restriction. Before investing hundreds of thousands of pounds no stone should be left unturned.

Why would you invests this large sum of money just to "cover costs", surely it was to make money as a business venture, otherwise why do take the risk?

perhaps you can also explain then why mis- selling has been allowed to flourish over the years with no intervention by the authorities ? Mis- selling which according to yourself is still happening as we speak. Anyone with a cynical approach may be led to beleive they are quite happy for people to buy under false pretences, for reasons best known to themselves but not hard to guess at. Its unethical especially on the part of the Canarian so called legal  profession, and they should by rights all hang their heads in guilt ridden shame.

But they won't. Because money has been made. Lots of money. And perhaps is still there to be made in the shape of unrealistically high fines.... 

I am not discussing the rights and wrongs of it, yes, research should have been done by those property owners etc.  Yes, tax should be paid if income is earned.  I am just drawing attention to a petition started by local Spanish people who are trying to make the situation more reasonable. If you don't want to know about it, fine, but it is possible that some people will want to support it. 

Hi Emmi, the plonker is speaking for himself, we all know the score. Your far to positive, a few on here cant understand the concept, your not telling them what they want to hear i.e. bad news. Keep on posting Emmi, the majority look forward to your information, its always welcome.

Quote from: emmi on June 09, 2015, 17:46:58 PM
The petition is about "softening" the impact of the Decreto which does not allow letting of property within a Tourist Zone. This will seriously impact the economy of the Island(s)
and leave many people with serious financial problems.  I am sure if the restrictions are lifted, then the Tax Man will appear on the horizon as well he should.  But at present the situation is ludicrous for those who bought with the intention of letting to cover costs, and who cannot legally do so.

Dis-honest estate agents and programs like "Place In The Sun" are to blame for misleading people into thinking they can buy a place, then make their fortune by renting it out for unrealistic sums of money.

Spike is correct. Anybody who finds themselves out of pocket due to this situation, without prior due diligence, only have themselves to blame. Es la vida  :o

The "plonker" is only telling it as it is - sorry if it offends but them's the facts and an personal insult is unnecessary

What has the government or the legal profession got to do with this. As Woe says, you carry out due diligence, make a decision on the facts, instruct your legal representative [or not], complete the transaction within the law of the land, accept the consequences. End of story

What a load of self serving rubbish...
If you are mis-sold a property you are mis-sold it. All the research in the world is not going to help you if there is a conspiracy, which includes your own legal representative, to withhold vital information or even to actively distort it. Thats why you employ and pay good money to a Spanish solicitor. For the very reason you don't speak the language and need assistance. If we could all research the Spanish legal minefield ourselves there would be no need to pay over inflated conveyancing fees. How can you make an informed decision on facts you don't have? 

You aren't telling it as it is. You are telling it how you think it should have been.  Same old tired ex pats with the same old blinkered attitude.

Who mis sold you the property, the estate agent I guess,  and you believed everything they told you. Did you tell the lawyer you were starting a holiday let rental business and and ask him what were the legal implications. Did you employ an assessoria to deal with the financial side of the business and the taxation matters, did you approach the Community and ask questions there????.

You've only got to have logged onto this forum over the past few years for the alarm bells to have started ringing.

OR you could have asked some simple questions and got the answers here.

People seem blinded by the thrill of buying a holiday retreat and don't stop and think. There are also people who have bought knowing full well they are not supposed to let but "will get away with it"

Believe me, it is as it is. It will not change

But anyway enough of the UK blame culture, remember the tragedy of the small child drowned in a hotel pool, who's to blame,  why the hotel of course.  Lets move on

What do you employ a very costly solicitor for?. To tell you the weather?. Or to tell you the pros and cons of your purchase?. You don't go on a forum thats for sure. And you certainly don't take legal decisions or business advice from anything you hear on a forum. Now that would be madness. If i had i'd probably be banged up or bankrupt by now along with a few others. 

we might be able to move on .Theres probably quite a few over the next couple of years who would like to move on but can't.

And that swimming pool. Yes it was the hotels fault if the proper safety regulations weren't in place. And that includes failure to provide information  . Remind you of something?

First search result on Google, after the paid-for ads is
https://www.gov.uk/how-to-buy-property-in-spain

Produced by HM Government, specifically to protect British citizens from bad deals abroad.

Very comprehensive, covering all aspects of purchase and moving.

Yes and very informative it is too.

Pity it was only first published on 22nd March 2013 though. Not much help to anyone buying 15 years ago especially regards the rental aspect. Perhaps something similar was around then though, ..i have no idea. I read a book by David Hampshire before i bought called 'Buying a home abroad'. It gave much the same information.Rental advice was a bit sketchy and it most definately didn't say that Estate agents are not policed in the Canaries so they can lie at will without any interference from the authorities.

Still.... lets move on , no harm done.

Dont get me going on Solicitors ,took money off me didnt do half the things said they would do,no water set up (turned it on myself ) ,said set community fees up Nope,managed to set the electricity bills up in wifes name even thought she has no NIE number ,we also have a joint bank account and joint Mortgage  with only one Nie number,but not sure if this is ok but things are running smoothly now ,oh the joys of the spanish legal system

I have written to the Pope tonight and asked if he would consider making Woe and Spike Saints. I have never met anyone in any ex-pat pub I drink in (which is many), that think the same as them. They are truly  a breath of fresh air, so honest and steadfast, examples to us all, god bless them, and god bless every Spanish Estate Agent and Solicitor for their honesty. All these years I have been thinking the latter were a bunch of robbing bsards, when in truth, I should have known it was my stupidity and naivety, thank you both for pointing that out. 

Thank goodness estate agents in the UK are honest and truthful. I didn't know there were  UK governmental controls on their business practices, you learn something every day  - if you do enough research, like listening to the wonderful contributors here

Why you don't count your losses and go home, do you really think you will get your money back, even in the long run,   you would be so much happier,    then you could drink in proper English pubs not counterfeit bars sometimes run by foreigners!

PS  about the pool, a sign for parents. YOU ARE RESPONSIBLE FOR YOUR CHILDREN. ENSURE AT LEAST ONE PARENT ATTENDS TO THE CHILD AT ALL TIMES ESPECIALLY IN DANGEROUS AREAS LIKE ROADS, BEACHES AND SWIMMING POOLS.  Does that help, it might save a childs life if modern parents are unaware of their responsibilities?

PPS  What did the Pope say?

Feck off ya immigrants  i think is what he said

Not too hard to see why spike on Q has cornered the market in receiving personal insults.

Even the Pope's at it.

Quote from: Roar of the Rovers on June 11, 2015, 07:21:20 AM
Feck off ya immigrants  i think is what he said

The Pope's an immigrant. He's from Argentina  :o

And this weeks bubble competition:

I don't click on those virusy links thanks.

I received an email from Goldacre advertising a beautiful new complex in Corralejo. In it he states that it is a great investment opportunity because it is the ONLY complex on the Island being sold which can legally do short time holiday lets.

                                                                   INVESTMENT OPPORTUNITY



Developer announces first price increase for Casilla de Costa of a minimum of 10% from September 2015.



Property prices are on the move and with the first price increase of a minimum of 10% announced by the developer taking place from the 1st September 2015, now really is the perfect time to buy on this Innovative, stylish and unique development at the developers first released prices.



Casilla De Costa is a stunning New Development situated in one of the most unique areas in the North of Fuerteventura between Corralejo and Villaverde. With views to Lanzarote, El Cotillo and Lajares this prime location ensures breath taking views in an area of natural beauty.



The famous ‘Dunas` area of Corralejo, which is an area of natural outstanding beauty, was recently named in the top 25 beaches in the world by National Geographical.



The unique opportunity of the whole area is to set a standard in Fuerteventura for one of the best designed and constructed areas on the Island.  What else makes this development unique? Innovative style, Eco friendly and with short term holiday lets permitted for this development   unlike anywhere else in the Canaries, this development is truly special. Prices start from only 105,000â,¬. Please note these first release launch prices can only be offered until 31st August 2015.

Personally I can not see ASCAV managing to soften the urban laws much. Short term rentals were never allowed on residential sites. All the change in Urban Law has done is to regulate the existing law really. Worth a try though. The way things stand at the moment is completely compliant with EU and Spanish law.

Unbelievable, yet very believable. I can remember him forgetting to mention to me that it was illegal to rent out my property as a short term holiday let when he sold it to me. That's in the days when he worked as a salesman for the now defunct Interealty. Thanks for the info FiFi, always welcome.

Is this one of the Agents who were part of the problem, now claiming to be part of the solution? Incredible!
And what a load of nonsense claiming to be the only tourist licenced property.
Add to that, including the usual agent speak - 'buy quickly or the price will go up'.
Just look at the bank websites, as I've said before. These are the best bell-weather of market conditions. Some reductions this week of 60%+ .
Don't listen to this hype. Buy, but with caution, is my advice.

"A Fool and his money is easily parted" .................  There's plenty of them  :o

You expect estate agents to be economical with the truth . I'd expect it in the UK or anywhere else in the world.. They are out to make money and have no reason to worry about the responsibility of their actions. Don't blame them. Or a place in the sun come to that,, they are out to attract viewers end of, and the added bonus of a 'sale' whatever it takes just bumps up the viewing totals. Responibility ends with pleasing the top nobs on channel 4 etc.
The real rascals are those who should have had the purchasers interests at heart and who ended up not challenging or prosecuting the mis-sellers. Yeah i know i keep on about it but its the truth and i hate the fact they got away with it.

Fools and their money are easily parted thats true. Its an even easier parting when they get none of the vital information or help from those whose duty it is to provide it.

I dont regret for a minute buying my property Fuerter, and I'm glad it was on Tamaragua. Ive have had a great time over the years, and whats money at the end of the day, its a lifestyle and happiness that counts. I think the Spanish are a brilliant people with a great culture and attitude to life.  So what if it wasn't everything the Estate Agent promised, at the back of your mind, if your honest with yourself, you know he/she is waffling to get the sale,its his/her job, its your job to see how much they are waffling. If you worry to much you would never take the plunge, you just get on with it or NEVER find out what you have missed. After all, any property you live in is just "Borrowed Space".

Like every wrinkly, I moan (not quite as much as Woe or Spike) but that's part of the enjoyment of being an old frat. 

I've always thought Tamaragua's biggest asset was its location. Slap bang in the middle of villaverde, Lajares and Corralejo. Not too sure about the actual developement myself but i've not heard one person who lives there ever run it down. Always good reports, so it must have a fair bit going for it.

I agree anyone not having to rent, particularly for retirees, its a grand place to be. But i was always led to believe that first and foremost it's a holiday destination. So who should have to fit in with who?. Who brings most to the islands economy?. Trouble is when you regard your retirement home as your own personal bit of paradise, the longer you have been there it must become harder and harder to accept that tourists are there to uncaringly use the place to the maximum for 1 or 2 weeks then move on. So coop all the holidaymakers up in A/I hotels and hope they never leave the premises would seem the ideal solution for some. The island though needs a thriving private rental industry especially in the smaller places not just to survive but to compete with all the other winter holiday destinations.

Are Holiday Rentals Legal In Spain?

http://www.spanishpropertyinsight.com/2015/06/12/are-holiday-rentals-legal-in-spain/?utm_source=Spanish+Property+Insight+News+Bulletin&utm_campaign=5a2d0dfa3b-SPI_NB_2304144_23_2014&utm_medium=email&utm_term=0_5c1bbc37e8-5a2d0dfa3b-137984005

This  is taken from Janet Anscombe's blog, any body thinking of buying to let or who is letting should read this blog not to do so would be asking for trouble.
http://www.janetanscombe.com

People report them as well … only yesterday I came across an instance of fines being issued because of a denuncia. It takes the inspectorate time to deal with denuncias because they have their own investigations ongoing, but they always get around to complaints form cheesed-off neighbours or holidaymakers in the end.

And now, of course, they have a regulation giving them the option of issuing fines for a specific, and relevant, purpose â€" they no longer have to fall back on “no complaints book” (which residential properties couldn`t have anyway). And whereas the “no complaints book” fines were in the middle of the “grave” range, i.e. 18,000â,¬, the new fines â€" at least in residential areas â€" will be for VV regulation infractions, and therefore in the “muy grave” range, of 30,000 â€" 300,000â,¬.

I think it`s important to note that whilst they can no longer fine JUST on the basis of an internet advert, it can still be a starting point for an enquiry, and they do not need to knock on doors â€" if there`s no answer, a signed statement from an identified (and so legal) neighbour, holidaymaker or president, or the like, will be sufficient.

Given that there are at least 643 people in Caleta alone  still advertising on the internet the income from fines could be â,¬19,290000 and as it will be money from fines it will all stay on the island, as opposed to Tax   which goes to Madrid and a percentage gets sent back, any new inspectors taken on to deal with this will certainly be self financing.

20m euros is chicken feed. That will last as long as the next failed project, if that. And what happens after the fines have all been paid and theres no one left to target ?. Not a lot i'd say. No income either locally or to Madrid.

They need to look at renting as a long term business income. Give out the licenses where appropriate, force them to legalise. Sit back and watch the dinero from the taxes and annual license renewals roll in, not just for a couple of years but year in year out.

"Casillas De Costa" is 10km inland from Corralejo, on the road to Villaverde.
It was originally laid out, 10 years ago, to be a commercial estate. Like a lot of other things, it never was completed.
There were other developments which started around that time (La Oliva Golf is one that springs to mind) that buyers put deposits on but was never finished. I see that they are offering 70% mortgages on this one as well, so no lessons have been learned.
I suppose that they can say that holiday letting is allowed because it is not in a designated tourist zone. Maybe, this completely misses the point. Generally, people want to stay in locations on or near the coast. There will always be some who want a "rural retreat", but not that many.
Surely, it would make more sense to invest in finishing the projects that have already been started in the touristic zone, rather than a large (300) property development in a rural area. Anyone who invests in this, expecting a profitable return, needs to think again.

I have a friend who lost 150,000 euros on the La Oliva Golf. Agree with everything you say, they spent a fortune of updating Corralejo main drag to fetch it up to 5 star status, yet there has been a major eyesore for as many years as I can remember in the shape of a "Abandoned Half Finished Hotel" as you enter the outskirts of the town.
Not to mention the "Lap Dancing Brothel" at the top of the main drag, standing out like a sore thumb.I can only assume the Gardia have shares in the latter.

I have just noticed that there have been 7,790 "reads" of this thread. On a law of averages, that could be 500-1,000 people who are interested enough to take a look. It would be really good to hear their views, as well as us regulars (some more than others!) so we can see things from a wider perspective.
If you live here or holiday here, tell us all what you think.

Maybe they are frightened that if they give the wrong opinion they will get slaughtered  :o

Quote from: chrisandjan on June 15, 2015, 15:15:19 PM
If you live here or holiday here, tell us all what you think.

Letting a house in a domestic area to a bunch of noisy holiday makers is an antisocial crime against your neighbors.
If you can't afford a house without the rent, you can't afford it! So stay home and save some more money and save us the nuisance.
(we, nor any of the neighbors let their homes)
>:(

Hi Erik.
You have summed up the craziness of the situation perfectly. Under the new regulations, renting a home for vacation purposes in a tourist area is illegal but it is ok (with some caveats) in a residential area, which, I assume, you live in.
Chris

and there you have it. The real reason very few choose to voice an opinion or get involved in rental debate.

Nice one sperik.

Quote from: chrisandjan on June 15, 2015, 18:23:52 PM
Under the new regulations, renting a home for vacation purposes in a tourist area is illegal but it is ok (with some caveats) in a residential area,
Chris

??
My reading of the regs is that rentals in a residential zone (unless it is licensed as a Casa Rurale or whatever the term is) need to be for a minimum of 6 months - I wouldn't class that as a vacation let. Perhaps I've got totally confused though - I seem to have read so much about it that it is all muddling in together.
I do feel sorry for the people who bought properties in the belief that they could legally rent them out as holiday lets, I'm sure they thought they had done due diligence, and by saying 'legally' I do mean that they were intending everything  to be above board, declaring the income for tax purposes and maintaining good and safe standards etc.

we were as guilty as the rest of believing that the investment we bought in 2004 and was ours to do as we wished, although we had no intention of letting until a very good friend and music bar owner asked if friends of his could rent. For a couple of years we did this ignorant that we were breaking the law. Our only experience of renting was from the 500 property portfolio we had in the uk which believe it or not said we could do what we wanted as long as it met regulations. Once the 2008 crash came we could not wait to get out of our property in Caleta, sold at a loss but recouped on the exchange rate which was @ 1.03 euros to the pound.

I would agree with the likes of Spike and Woe if I thought the owners were Rachman or other slum landlords but their not ,just ordinary working people with a bit of a dream caught up in misinformation and a corrupt underbelly

ps Spike and Woe just to let you know we paid any tax due on our sale and received 3000 euro rebate last month the tax man held till he was Appy he'd bled every penny he was entitled to, not bad only took 6years. Don't give up god loves a trier  ;D

Quote from: appy ammer on June 16, 2015, 09:28:32 AM
ps, Spike and Woe just to let you know we paid any tax due on our sale and received 3000 euro rebate last month the tax man held till he was Appy he'd bled every penny he was entitled to, not bad only took 6years. Don't give up god loves a trier  ;D

Well done Appy, the thing is, some people are renting out their property on a regular basis, and sticking the money in their back pockets without declaring it as taxable earnings, which it is. I know some of these people personally, and I have to bite my lip when they brag about how many bookings they have.

As you know, as a Bar owner, you're paying through the nose to the taxman for everything. Tax to play background music, tax to have live music, tax on how many TVs you have, how many tables you have, how big is the terrace, how long is the bar, fire extinguishers, etc .. and you can't get away with it as the Old Bill are checking all the time.

Who's checking on the illegal lets.

same people who should have been checking on mis-selling.

Is it possible to view maps online to see how property areas are classified?

Quote from: el caballo hambriento on June 22, 2015, 13:18:01 PM
Is it possible to view maps online to see how property areas are classified?

   http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5199_1.pdf

   http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5214_1.pdf

Big files, so quite slow to load.

I have been unable to open the files which show the classification of areas.
Does anyone know which category the Sultan/Tamarindo area in Corralejo is in?

Not sure where those two places are, but the shaded areas are a no no.

These links do not lead to any documents.  I took a screen shot but do not know how to upload/attach it to this message.

Quote from: woe10 on June 22, 2015, 14:29:12 PM

Quote from: el caballo hambriento on June 22, 2015, 13:18:01 PM
Is it possible to view maps online to see how property areas are classified?

   http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5199_1.pdf

   http://www.cabildofuer.es/portal/RecursosWeb/DOCUMENTOS/1/0_5214_1.pdf

Big files, so quite slow to load.

The Cabildo seem to have taken the maps down, as they were only a guide. The advice given by Jane Anscombe is ask what the status is for each and every property.

Thanks Woe.
It looks like most of Corralejo is shaded.

Quote from: archer101 on June 24, 2015, 14:25:09 PM
The Cabildo seem to have taken the maps down, as they were only a guide. The advice given by Jane Anscombe is ask what the status is for each and every property.

Yes they have been taken down, I got the links off page 2 of this thread, chrisandjan, and fifi, but now they're not working.
However I still have the original FULL MAP an my laptop. If I can find a way to copy the .pdf file on to here, I will.

Do you still have the map Woe?

The reason I ask is that there are at least 2 villas on La Maresia, Salinas Golf, that have obtained VV licences. They have the VV sign displayed on their front wall.

If I remember correctly, those villas were in the red 'tourist area' as marked on the map.

If this is the case then it seems the actual land classification of your house plot may be the key to being able to get a licence, community statutes permitting if you are in a community.

http://www.frankrenshaw.com/sitebuildercontent/sitebuilderfiles/touristzonesfuerteventura2.pdf
I think this is the one Deso

That's the one thomo thanks.  :D

Maybe the ayuntamiento in Antigua are allowing common sense to prevail?

Don't ask me to interpret what this actually means in individual cases  ;D, but may be of interest:

http://thecanarynews.com/government-slows-holiday-homes-decree/ (http://thecanarynews.com/government-slows-holiday-homes-decree/)

Quote from: TamaraEnLaPlaya on September 19, 2015, 23:13:37 PM
Don't ask me to interpret what this actually means in individual cases  ;D, but may be of interest:

http://thecanarynews.com/government-slows-holiday-homes-decree/ (http://thecanarynews.com/government-slows-holiday-homes-decree/)

Looks like it is not against the law to rent out short term holiday lets. There has been lots of nonsense about people being fined 30000 Euro but so far no case has gone to court.Its back to the drawing board to find a solution so watch this space

Quote from: Deso on September 17, 2015, 19:20:32 PM
Do you still have the map Woe?

The reason I ask is that there are at least 2 villas on La Maresia, Salinas Golf, that have obtained VV licences. They have the VV sign displayed on their front wall.

If I remember correctly, those villas were in the red 'tourist area' as marked on the map.

If this is the case then it seems the actual land classification of your house plot may be the key to being able to get a licence, community statutes permitting if you are in a community.

I would be interested to find out where they have got these from???

probably made them themselves and stuck them up for a laugh.

Quote from: Holierthanthou on September 21, 2015, 17:30:56 PM
probably made them themselves and stuck them up for a laugh.

They do look the part. Not the best image as it was shot through the passenger window from the drivers side.   :D


(http://i.imgur.com/UzVZHRL.jpg)

looks like someones giving the V sign to the Fuerte tourist board to me.

As expected, the hotels are not happy about the potential softening of the new laws:

http://www.islandconnections.eu/1000003/1000043/0/46187/daily-news-article.html (http://www.islandconnections.eu/1000003/1000043/0/46187/daily-news-article.html)

Of course, they want a free hand with no competition. Do they have an office of fair trading in Spain linked to tourism. If not they need one quick before a few more brown envelopes change hands and the voices of reason are again drowned out by the voices of financial self gratification.

Taken from Janet Anscombe site,

http://www.janetanscombe.com/news/monopolies-commission-calls-on-canarian-government-to-remove-restrictions-in-vivienda-vacacional-decree.html

This now means that those who have got their VV licence are now technically renting illegally, hopefully common sense would prevail and no action will be taken against them whilst the law is reviewed.

Regarding the Island Connections article, I am not normally a violent man but that is a face I could quite happily punch.
He is talking about unregulated letting. No one has been asking for that anyway so that is complete tosh.
Most honest owners would be perfectly satisfied if they could obtain a licence, with the necessary common sense requirements, pay their fair dues and hopefully make a crust as well.

As you can see, the Spanish monopolies commission have got involved, and rightly so. If the government don't act, they have the power to take them to court.

Doesn't sound too good for those in the throes of obtaining a VV and classification of their land/property. Hope its not money down the drain. Hard to know where all this is leading.

Quote from: Deso on September 23, 2015, 17:37:02 PM
This now means that those who have got their VV licence are now technically renting illegally, hopefully common sense would prevail and no action will be taken against them whilst the law is reviewed.

I'd heard that they weren't going to take any action against those who were letting their properties as they have done for many years, let alone against those that have been trying to comply with the latest legislation.

QuoteRegarding the Island Connections article, I am not normally a violent man but that is a face I could quite happily punch.

Me too, as a woman.

Of course, those who paid â,¬500 or so for "advisors" and "professionals" to implement a law that hadn't yet been understood even by the lawmakers will have lost some money. But I didn't hear anyone on here advising that particular course of action.