Trouble in Paradise..the Canaries rentals clampdown

[fifi]

I can understand where Moodyblue is coming from Lionfish. He bought a magnificent house in a Residential area expecting a bit of peace and quiet.

None of the properties there can be legally let out for holidays because they are classed as residential and dont have licenses and so there is not much point in owners trying to appeal a case for a small reduction because of the legal fees involved in a couple of appeals.

[fifi]

To be fair to all concerned.  I would like to just point out the fact that everyone living on a residential complex is fully within their rights  and shoud feel free to denounce  (denuncia) (it only means a complaint really) other owners who are hindering their enjoyment of their property by allowing noisy holiday makers. The law is there to protect everyone, both renters who can not be insured because of the illegality of such a rental and also the owners of the private property who deserve to get what they paid for.



It is a very simple process and no legal action or expense is involved. You simply have to go to the police office with your complaint and lodge it with the address and name of the person. Just keep your sentence in English simple, type it into Google translate http://translate.google.com/ and  bring the translation to the Police station in Rosario. You will also need to bring your passport and NIE or Residencia with you.

[colinblue]

But if you do lodge a denuncia fifi does this not mean that the authorities will visit and then the fines will inevitably follow.
We have holiday lets around us and we are friends with the owners and the people who maintain the properties so livelyhoods may be effected. Also most owners try to maintain reasonable behaviour by their guests.
However one owner advertises on the letting sites with photos of a different property on the complex. Why?, because it makes his property look as if it stands alone by the dunes, a genuine photo would show that it is in the middle of a housing estate. The information on the sites is also deliberately ambiguous.
Now this irritates me and sometimes when his holidaymakers annoy I feel like doing something about but, at the end of the day, it may affect the other owners who genuinely try to keep all concerned happy.

[moodyblue]

Lionfish
I agree with what you say about the Spanish being noisy as all of the problems we have had with noise has been caused by them .
My gripe is that I bought off plan from a developer who was advertisng the properties as being of a very high standard in a residencial development , I bought into this development at a cost of 300,000 euro with the intention of moving here and enjoying a peaceful retirement , but now that the developer cannot sell he is renting out to tourists on short term basis .
It was my thinking that whoever bought a property at 300,000 euro would not be buying  to rent it out and on that basis we would have a neighbourly relationship with whoever lived there and a mutual respect for each other as neighbours , I dont think this is too much to ask .

[lionfish]

Moodyblue,
As I said, many sympathies regarding your situation - I hadn't realised until Fifi's post that you were on a development of larger properties rather than an apartment complex.
We're all aware of the massive over-development on the island which has lead to 100's (1,000's?) of empty properties - a pity we didn't see all these problems on the horizon.
I suppose on one hand you can understand how desperate the developers (and banks) would be to see a return on their money and this is why they are renting out properties they cannot sell.
I suppose you also have the worry that if the suggested changes which might eventually allow villa owners to apply for a holiday letting licence come about you could have an ongoing problem?

[TheCooler]

Caleta strikes me as being a purpose built resort for tourists.
This law deters a lot of self catering holiday makers. Can the local bars and restaurants survive once the clampdown and denunciations begin? Or is fuerteventura destined to become an All inclusive island holiday destination?

[fifi]

 Hotels are to be inspected  too and if they are not renovated (if that is what is recommended) they will lose their licenses.

http://www.laprovincia.es/turismo/2012/06/14/hoteles-perder-licencia-renuevan/464027.html

Coinblue....I am not sure to be honest what way that would pan out.

[fifi]

But if you do lodge a denuncia fifi does this not mean that the authorities will visit and then the fines will inevitably follow.
We have holiday lets around us and we are friends with the owners and the people who maintain the properties so livelyhoods may be effected. Also most owners try to maintain reasonable behaviour by their guests.
However one owner advertises on the letting sites with photos of a different property on the complex. Why?, because it makes his property look as if it stands alone by the dunes, a genuine photo would show that it is in the middle of a housing estate. The information on the sites is also deliberately ambiguous.
Now this irritates me and sometimes when his holidaymakers annoy I feel like doing something about but, at the end of the day, it may affect the other owners who genuinely try to keep all concerned happy.

Hi Lionfish I came accross the PDF file for Denuncias in  the Tourism section on the Gobiernos website if you would like to have a look at it. http://www.gobcan.es/opencms8/export/sites/presidencia/turismo/downloads/Inspeccion_y_Sanciones/INSP-QuejaDenuncia.pdf

More information can be found here.. http://www.gobcan.es/presidencia/turismo/quejas_denuncias_reclamaciones/index.html

[fourthwisemonkey]

Whilst I do understand that noisy neighbours can be annoying The basic fact is that whether you have a 1/2 million € luxury villa on a private residencial estate or a 50k € apartment in the centre of town.......we virtually all discovered this island as tourists ourselves and chose to live in HOLIDAY RESORTS....where by the very nature you get tourists. Okay some people live inland and away from the resorts and I would ask them if they have problems with noisy neighbours.

Also by their very nature, tourists are probably here for 2 to 3 weeks and then go and the noise ends.......once people get desperate and cannot pay the mortgage then are they not going to accept anybody they can get on long-let contracts, then you potentially have problems permanently!!

Sorry but if you live in a tourist area then complaining about tourists is like moving to blackpool and complaining the illuminations keep you up at night. Put simply....no tourists=no jobs=no bars, restaurants,hospitals,flights,shops=property worth about 1/10th of the mortgage on it=more empty properties.

I fully agree that everyone involved in the letting side of things (owners,cleaners,maintenance etc,etc) should all be registered and paying tax, perhaps then the gobierno may actually have money to invest in the island.

Rant over...and no I do not have any vested interest other than working in the tourist industry, but i am lucky I also am fortunate to not have a mortgage.

[moodyblue]

I am assuming that the last post by fourthwiswmonkey was directed at me and would like to respond.

Yes we did discover this island when on holiday and chose to buy a nice property in this holiday resort, but we did not choose to live on a holiday complex , there is a difference , as I said in my previous post the developer advertised the properties as an exclusive residencial development , and if we had thought it was going to be anything else then we would not have bought the property .

If for instance I had bought a property on Esmerelda or Amuley Mar , and I use these complexes only as an example because we have stayed there  , then I would have to accept that most of these properties are for holiday lets and as such you get a change of occupiers every 1 or 2 weeks most of the year and that means a lot of comings and goings and noise for most of the year , it doesn't mean that they are probably here for 2 or 3 weeks and then the noise ends .

Not everyone who lives in the Blackpool tourist area can see the illuminations and I am sure that they are not kept upall night by noisy tourists because if they were they would be unable to work in the hotels , bars , restaurants ect , in all holiday resorts there are residencial areas and tourist areas and we chose the former and I will do my upmost to make sure that I get what I payed for .

[colinblue]

Quite right moodyblue, just because you chose to live in a tourist resort does not mean that you should have to put up with them when you are not. by definition, in a tourist area on a residential estate.

[Stone Free]

You have my sympathies Moodyblue.

I'm sorry to say that location or value of property in Fuerte is no guarantee of a peaceful lifestyle.  You are just as likely to have families with noisy kids living close by in a residential area.

Plus there are many other delights to be found on a residential estate.

Children's drum practice 2 months prior to the local fiesta, a jolly Spanish singsong till 3 in the morning, goats being bought home and shot in the back garden for the barbeque, the neighbourhood drugs dealer with comings and goings night and day – and these are just as likely to be found in upmarket areas.  Top marks for noise goes to a diver who used a compressor every day to fill up his oxygen tanks.

You soon learn that most of the locals have a completely different attitude and tolerance to noise levels.

[moodyblue]

Stone Free

You have my sympathies Moodyblue.

I'm sorry to say that location or value of property in Fuerte is no guarantee of a peaceful lifestyle.  You are just as likely to have families with noisy kids living close by in a residential area.

Plus there are many other delights to be found on a residential estate.

Children's drum practice 2 months prior to the local fiesta, a jolly Spanish singsong till 3 in the morning, goats being bought home and shot in the back garden for the barbeque, the neighbourhood drugs dealer with comings and goings night and day – and these are just as likely to be found in upmarket areas.  Top marks for noise goes to a diver who used a compressor every day to fill up his oxygen tanks.

You soon learn that most of the locals have a completely different attitude and tolerance to noise levels.

Stone Free , thanks for the sympathy but I think you are missing the point.

I know exactly what you are saying about noisy neighbours and 'residencial estates' , noisy neighbours can live anywhere and just because I have paid a lot of money is no guarantee of a quiet life or good neighbours, we have all read about the 'neighbours from hell' back in the UK or maybe some of you have even experienced it .

I also fully understand that should someone who falls into this category decide to buy one of the houses on either side of me then I will have a decision to make  , I would then have to make a choice of moving or dealing with it in a not so friendly way.

My point is that it is not 'neighbours ' I have got , it is constantly changing holiday makers who are understandably intent on having a good time , which can mean a few late noisy nights over their two week holiday , they leave and then it starts again .

I would like nothing better than to have neighbours with whom we could have a friendly respectful relationship as most normal decent 'neighbours' do .

I will say again that I have been sold a property which was sold as a 'Residencial Development' and now the developer is marketing it as a holiday complex and doing so illegally as he does not have a licence to do so , and I will do all I can to stop the illegal lets and get some peace and quiet .

[gunner]

Moodyblue, I agree totally with all you have said. We too bought our dream retirement villa a year ago in a residential area. We have been subject to a stag party and groups of young people high on drink jumping in the pool and shouting up to 2am. There are also some very pleasant families, but on the whole it is not the way of life we had planned. I approached the lady that "manages" the property and she said I should have thought about all this before I bought and should get some ear defenders. I DID think about it. That is why I did not buy anywhere near the general holiday scene.I have now been in touch with the owner asking him to inform his holiday makers that they are in a residential area and for them to act accordingly. I also pointed out it was illegal.If this does not work, I will definately be taking legal action.

[moodyblue]

Gunner
your situation mirrors mine and you have my sympathy and I hope you get it sorted out eventually .
I have been a bit more fortunate than you in that when I complained to the girl at  'Villa Reception'
about the noise she did approach the culprits and ask them to keep it down , but this is not what I want to be doing for the rest of my days , as for the 'property manager' that you approached , well she sounds totally unreasonable .

[emmi]

Another Forum member posted on here recently that it is illegal to use pools after 9pm.  I am not sure if this just applies to tourist complexes or whether it extends to use of pools in private residential villas as well. May be worth checking out.

A squad car of Guardia Civil arriving at a late hour to quell the noise may put a stop to it!   

[gunner]

Thanks emmi! We take it on board! Moodyblue, we do not intend to let it go on indefinately. We know people have livings to make..cleaners etc. who are no doubt being paid a pittance by probably unlicensed companies, but we are giving the owner 3 months to sort it. If it continues, we plan to take out a denuncia.In the meantime, the sun is shining, we`re not in bad health for pensioners so life is good!

[Spike On Q]

I've a lovely apartment for sale in Pajara [have a look on Google Earth if you don't know it] - you can't get any quieter than that [and there are NO tourists staying there]

Mind you, you do have to speak a bit of Spanish!

[Spike On Q]

If you want a TRULY quiet life have a look - www.apartmentinpajara.com

[fifi]

An important update from Janet Anscombe.... http://www.janetanscombe.com/news/draft-new-touristic-law-out-to-consultation.html/comment-page-1#comment-20524


Draft new touristic law out to consultation
22 September 2012

The Canarian Government has sent the draft new tourism law, the Ley de Renovación y Modernización Turística de Canarias, to the Consultative Committee for consultation. I haven't seen the full draft yet myself, but the Government has asked for a speedy response: as we know, the new law must be on the statute books in December at the latest because the touristic moratorium was extended in May only until the end of the year.

What the Government has formally announced at this point, though, is that the law has as a primary objective the renovation and modernization of touristic urbanizations, areas and products; the diversification of its touristic offer; and authorizations in 2013 and 2014 for 5* hotels in Tenerife, Gran Canaria, Fuerteventura and Lanzarote.  Once this period is over, new licences will be considered for establishments under 5* as long as they provide luxury places tied to renovation projects or replace obsolete beds. Construction team employment must significantly favour those who are registered as unemployed.

Existing restrictions outside of these criteria are to be maintained indefinitely. Recognizing the criticism of this stance in some quarters, the Government says that whether people agree with this or not, this is the Government's model and decision, and that the new law does away with the need to keep renewing the existing touristic moratorium which can now be considered to be enshrined in law. The fundamental objects of the legislation are:

    to manage and organize the growth of the touristic offer, tying this to quality improvement both in terms of renovation and new build
    to increase quality levels and the category of touristic establishments
    to avoid, and if appropriate, redirect the residentialisation of touristic areas
    to provide the Government with effective juridical mechanisms to incentivise and, as appropriate, ensure compliance with conservation, renovation and effective use requirements
    to restore the image of touristic areas

The new law envisages the possibility of touristic licences being awarded in Tenerife, Gran Canaria, Fuerteventura and Lanzarote only for:

    the renovation of existing touristic establishments
    the implementation of touristic places based on rights deriving from renovation projects
    hotels on approved urban non-touristic land (suelo urbano consolidado) and rural hotels
    hotels of a minimum 5* category
    non-hotel accommodation where planning rules expressly permit, or do not prohibit, it, with a minimum 5* category in respect of apartments
    specialist accommodation establishments

The new plans will complement, and in some cases replace, existing urban designations in order to make urban renovation more viable. They will also include new formats in touristic organization such as the condominium – based on the American model – and touristic villas, the latter being at least 500 metres from the coast, of a density of between 10 and 40 units per hectare depending on overall plot size, and which do not exceed 20% of the surface area concerned. In addition, a procedure is envisaged to regularize and authorize accommodation establishments which have existing licences from before Ley 19/2003, and which comply with all requirements necessary to be considered touristic establishments.

With regard to incentives for renovation, the law includes measures for financial incentives and additional places – up to 50% for hotels and 25% for apartments, except where:

    the category will be lower than 3*
    the conversion is from a hotel to a non-hotel establishment
    when the conversion is from a non-hotel to a hotel establishment that does not convert the regimen of horizontal property to one of ordinary ownership or co-ownership