Latest update on rentals

[fifi]

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.

[Spike On Q]

but NOT for "holiday letting"

[fifi]

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.

[Archer]

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.

[Tamkid]

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.

[RVEEE]

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...

[Ivemovedon]

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. 

[KWC]

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!!   

[Deso]

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.   

[Ivemovedon]

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

or any other inland villages come to that)

[woe10]

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 .. 

[Ivemovedon]

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?

[Tamkid]

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.

[Archer]

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?

[Elite of the forum]

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?

[fourthwisemonkey]

@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

[Elite of the forum]

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   

[Ivemovedon]

@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.

[KWC]

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 

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!!

[Deso]

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 

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'?

[fifi]

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”
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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. "

[fifi]

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.

[Elite of the forum]

@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 

[RVEEE]

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).

[fifi]

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. 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. "

[fifi]

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

[fifi]

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

[fifi]

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.

[Deso]

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

[woe10]

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.