New Tourism law

[fifi]

Draft new tourism law legislative process
24 May 2013

The Canarian government yesterday approved clauses for the new law so as to provide a framework within which more than 5,000 villas in the Canaries that are currently residential will be able to be used touristically; moreover, their plots will be reclassified at Government level, thus bypassing where necessary individual Cabildo restrictions and Ayuntamiento land usage designations. The law will also considerably reduce the "coastal band" for villa legitimacy: the Government had been aiming for a 500m exlusion area but this has now been reduced to 200m, and even further to 100m if in a clifftop area. Lanzarote, which is where around half of the properties affected are located, is likely to benefit especially from the measure.

The final debate on the legislation is scheduled to take place this coming Tuesday. This is something that Alotca has lobbied actively for, and continued to negotiate about even though much of the work was carried out in the background. Although we'll have to wait until at least Tuesday for the final detail, needless to say we are absolutely delighted with this news.

Copied from Janet Anscombes website. http://www.janetanscombe.com/news/draft-new-touristic-law-out-to-consultation.html/comment-page-1#comment-41339

[ocart]

Today is the day fifi  Lets hope this matter is resolved once and for all.  I cannot see the Spanish authorities throwing away the chance to make money from licences or whatever way they intend to legalise holiday rentals

[peejay]

The new law was passed yesterday. It will only allow the construction of new 5 star hotels. Any lesser quality hotel will have to built as a result of the demolition of an older hotel or complex.
It also allows some villas to apply for tourist licences, though we will have to wait for the full text to see the criteria. Also, we do not yet know the impact on dormant touristic complexes who have lost their tourist licence, they may be able to re-apply if they meet a certain criteria. As usual, the devil is in the detail.

[lander]

The full details are now on Janet Anscombe's website, but at the moment it's a 24 page document in Spanish

[lander]

Anyone know how to translate this document please, need to know what they have decided the law is now :-   

http://www.parcan.es/files/pub/bop/8l/2013/153/bo153.pdf

[duncolm]

http://translate.google.co.uk/translate?hl=en&sl=es&tl=en&u=http%3A%2F%2Fwww.parcan.es%2Ffiles%2Fpub%2Fbop%2F8l%2F2013%2F153%2Fbo153.pdf

(Spanish legalise mangled by Google Translate, I wouldn't base a legal opinion on it)

[lander]

Many thanks Duncolm, at least now I can read it, although so far it's not making a lot of sense, I will probably need to read it several times!  Hopefully someone will have a legal view on what has been decided   
p.s. bought your book yesterday, will read it when I'm out there next week - can't wait 

[duncolm]

Cheers lander, hope you find it worthwhile

[peejay]

Unbelievably they have made it even more nonsensical to read than the draft. Bottom line is though 1995 laws still apply, so no changes to the regime of sole agents and no letting of residential apartments to tourists. Dormant touristic complexes have one year to re-apply for their tourist licence, providing they upgrade to meet the tourism standards in the 2010 law, have a sole agent in place and at least 50+1 percent of apartments signed up with the sole agent. No incentives to upgrade for these type of complexes either unless you are basically knocking them down and rebuilding as 4 or 5 star.

[fifi]

Spanish property insight had a small article about some of the changes in the law yesterday.

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Legislature passes new rental law covering holiday lettings


The Spanish parliament has just passed significant amendments to the Tenancy Act that will, amongst other things, devolve the regulation of tourist rentals to the regional governments and make it more complicated and difficult for holiday-home owners to engage in holiday lettings. The amendments will become law when they are published in the BOE (soon).

With the stated objectives of stimulating and making the rental market more flexible, the key features of the new regulations are as follows:

    Regulation of tourist rentals devolved to the autonomous governments
    Rental increases no longer tied to the consumer price index
    Mandatory rental period agreements reduced from five to three years, and the tacit extension from three to one year.
    Easier for landlords to evict tenants if they need the home for themselves or their immediate family. Just two months notice required.
    Registry of troublesome tenants so landlords can identify the worst offenders before allowing them to occupy a property
    Eviction of tenants in arrears made easier and quicker (10 days) assuming no court case
    Easier for tenants to terminate their contractual obligations, providing just one month's notice

[potash]

A good read

    http://www.telegraph.co.uk/property/expatproperty/10091105/New-Spain-licence-laws-risk-suffocating-property-investment.html

[glenys]

Excellent article potash, it's what I've been saying for years. Sell people licences and the property market will thrive if investors can rent them out. The glut of empty properties in Fuerteventura would be snapped up.