The New Legal Procedure for Holiday Rentals (Valencia Region)

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The New Legal Procedure for Holiday Rentals (Valencia Region)

You may recall last year that we posted an article about the new law that it is obligatory for all owners letting out properties as holiday lets in the Valencia region with no official agent to apply for a tourist licence  (we can only comment on our area).

Please see this article on How to obtain a tourist licence Alicante 

 

How to Obtain a Tourist Licence (Valencia Community)

A client has now suggested to us that we write a blog on the rules for holiday rentals, as many people are not clear. The police have sent us the new law and these are the main points:

 – All establishments letting rooms (hotels, apartments, bed and breakfasts etc.) are now obliged to keep a register book in which they note the details of the people entering the property,  in accordance with the procedure established by the Ministry of the Interior. This has to conform to the model decided by the Ministry.

– Any person over the age of sixteen who enters the establishment must sign an entry document, according to the procedure by the Ministry of the Interior.

The details of the entry must match the data contained in their passport or National Identity Document, which will have to be shown by the renters (passports for Foreign travellers, DNI’s for Spanish). Which is why now in Spain if staying anywhere you must take your passport with you

Renters must give personal information because of the law (Ley orgánica 15/1999 from 13th December). If they are concerned about Data protection law, they are covered under the provisions of article 12.1 of Ley Orgánica 1/1992 from 21st February (Protection of citizen security).

The renters must sign a form (which we can show our clients) when entering the property and the landlord must save it for three years.

In addition, the landlord must fill in a form online giving details of the people staying to the police, accessing this with codes from the Police station.

Landlords must have a sign outside their front door by law (shown here).

Tourism Licence Alicante, Valencia

Tourism Licence Sign

 

Generally, with a holiday let, the person who has the keys (keyholder) is the only one who will meet the renter personally, or the owner, to give them the keys.  So it is the person letting the renters in who has to ask the renter to fill in the form with the data and to sign it. We can provide the forms to our customers.

The owner or your keyholder has to keep the forms in a folder and store them for 3 years. The owner or landlord must ensure that they or the keyholder get the form filled in and signed because the responsibility for this is on the owner of the property. The Valencian authorities are now just beginning to check this is being done, and it is very simple for the Inspectors to find a property on a renting website then check whether the owner/keyholder are acting legally.

 

How can Spanish Solutions help?

 

Up until last month, our office only dealt with obtaining the Tourism licence, not obtaining access codes to complete the Police report, nor the official sign required. After the end of March 2018, we started offering the steps of going to the Police station to get the user and password for the online access and printing the sign to be installed, as well as the actual Tourism licence.

Spanish Solutions can help clients apply for a tourism licence to let their apartment or even just a room. Please contact us for any enquiries. We can also help you with the guidance as to how entries must be recorded for each person staying at the property (a form filled and then stored in a folder).

We can help clients get the codes to access the forms online where the renters’ personal data has to be detailed by law.  We can also print the sign that the landlords have to install at the front door, by law.  We can also help with explaining how taxation issues work.  

If you are strug­gling to find genu­ine, hon­est, Eng­lish- speak­ing legal help in Pi­lar de la Horadada, Mil Palmeras, Los Al­caz­ares, Torre Pacheco or sim­ilar areas? If so we can help! Don’t sign any­thing be­fore talk­ing to us and give you our legal ad­vice. We come to you in an hour!  Nic­ola works closely with the ex­pat com­munity here in the Ori­huela Costa and sur­round­ing areas, her areas of work are NIEs, ResidenciaWills and any Traffic mat­ters,.

 So, in summary, how does it work in practice to be legal?

 

 A Customer advertises on the web via a holiday letting website their apartment in La Zenia, for instance.

They receive a query for a booking through the website.

They confirm the booking for dates requested and collect money via online bank transfer

So all correspondence is via the website between the renter and the landlord. 

However, the landlord sends messages to their Keyholder in Spain via mobile app to inform her of the renter’s arrival information in order to arrange for handover of keys.

With the new regulations, the keyholder gets the renters to fill and SIGN the Police form and places it on a folder to keep for three years, then either they log on to the online access uploading the information online using the login and password or they send it to the landlord to action.

 

Data Protection and Security

 

There should be no concern over the personal data of the renters as it is stored by the Police securely, and is very definitely safe.  it is exactly the same as a hotel asking for names, details, passports and a signature. The landlord will never be liable for the renters’ behaviour. The landlord is simply responsible for communicating their personal data in the 24 hours from the date of entry, and they are covered by Data Protection Law etc. but clearly any unlawful acts carried out by the renters, the renters are liable for. There is no responsibility on the owner of the property.

Many of you reading this may be very surprised at this new law, having rented out your property for years without all this bother.  Unfortunately, though, this is the new law on holiday rentals; your property is considered as a tourist apartment with the same requirements as a hostel, bed and breakfast or hotel, and the police have said that this is all for everyone´s security.

This is important and we urge anyone letting their property to abide by the law. Spanish Solutions can help you and it is fairly inexpensive. Please contact Ana  for assistance with this matter.

23 Comments

  • James evans

    Hi does youre company speak english , would you be able to get a tourismn licence for us and help with taxes ? , its a 1 bed apartment in denia
    Many thanks james

    • Nicola Ryan

      Good Morning James,

      Yes we do speak English, Ana who deals with the tourist licence and taxes, will be in contact with you via email shortly to get more information and discuss this matter further.

      Kind regards
      Nicola

  • Janice Moore

    We applied for a tourism license in May 2018, we are still waiting!

    • Nicola Ryan

      Good Morning Janice,

      This is not unusual, the town halls are taking some time to process the tourist licences.

      Kind regards
      Nicola

  • Tracy

    Hi there. I have received a letter which informs us of our identification number. However how do we.print out the red poster which I think we need by the front door. Many thanks

    • Nicola Ryan

      Good Morning Tracy,

      The red poster is an actual plaque and can not be printed, we can assist you with this. My colleague Ana will be in contact with you shortly, via email, to give you more information.

      Kind regards
      Nicola

  • Susan Deeley

    Hi…We have a rental apartment in Javea…and I have to say we had no idea that we should complete a form with each client and notify the police. Is there a standard form to use? Can we obtain it from the police???
    Secondly we went to see our accountant recently with details of all of our rentals for 2018…she has informed us that the hacienda now needs- number of clients staying/ arrival and departure dates/individual bill totals for each stay/ and an NIE number for each client. It is the last point that has us very confused…we have clients from all over the world who do not posess NIE numbers…What can we do to keep the Hacienda happy in this case????

    • Ian C.

      Hello Susan,

      I have just emailed you over the form you need. Let me know if you don’t get it for any reason.
      Ana, as i say in the email, is a pro on all things related to renting property in Spain. She does tourism licences, non resident tax, tax related to the rental of your Spanish property etc.
      She can help on the rental tax without the NIE of the tenants.
      There is a way at the tax form that it is not required.
      If you email Ana directly, (office @ etc) you will get some real practical advice!
      You do have your property licence in place, right? Renting a property in Spain without it, is just not worth the risk!

      Hope the property rental in Javea goes well, what a nice part of the Spain to own a second home!

      Regards,

      Ian

  • Richard

    Hi, on the form that the renter needs to complete, as far as I can work out, we need to record:
    – Their names
    – Passport or DNI, (or equivalent)
    – Date of arrival in the property and
    – Length of stay.
    Do you think there is anything else? (We already have our plaque and have registered with the Guardia Civil for logging in).
    And the final question – do all the guests over sixteen need to sign or is one of them enough?
    Best wishes.
    Richard

    • Ian C.

      Hello Richard,
      Sounds like you are up to date with your property rental in Spain. Well done!
      I’ll email you private now, but in the meantime….
      Couple of things come to mind:
      Do you have your architect certificate stating your property fulfils the relevant requirements here in Spain? Do you have your EPC- Energy Performance certificate? Is your home insured- specifically is it insured for short term rental?
      Are you up to date on your Spanish property rental tax?
      The rules are pretty favourable for landlords and you can write off many expenses:
      interest of the mortgage when you paid for the property.
      Council Tax, rubbish collection, wifi, insurance, community fees, water/electricity bills etc.
      Maintenance of the property, furniture depreciation, equipment repair, upgrading, painting etc etc.
      Marketing on various portals- AirBnb etc,
      Our fees! All fees paid to registered fiscal companies like Spanish Solutions are tax deductible. It makes little or no sense to go to private non tax paying “expert” to help you with this; our advice is to use a real company!
      You don’t pay VAT on property rental in spain, unless you are adding extra services, like laundry or food preparation.
      Best wishes, speak more on email just now.
      Ian

  • Andrew

    I am a neighbor of a rental property how do I report them for excessive noise and rude behaviour

    • Ian C.

      Hello Andrew,
      First and foremost, you need to be sure they are breaking the law. Being rude is not a crime but excessive noise, particularly at night certainly it.
      You must, assuming all efforts to talk reason with these people have been exhausted, make a denuncia to the local Guardia Civil Station.
      Spanish Solutions can help find you a translator, if you are not fluent in Spanish. Just bring your passport, residency certificate or NIE number. Keep a record of any incidents which have occured- times and dates of loud noises etc.
      You should be able to give the police regarding the neighbours:
      Address
      Names
      Date and time of events
      Details of witnesses
      After you make your report the police will make a visit and chat to the people involved. Often this is enough for people to realise that they are indeed acting out of order.
      Good luck!

  • Denise Pritchard

    Hi, we have a question, are we allowed to stipulate that we will not rent our holiday villa to anyone groups or couple groups under the age of 30?

  • Andrew

    Can I report a villa owner for not having the tourism license not on display
    And how would I report him ?

    • Nicola Ryan

      Good Morning Andrew,

      There seems to be some confusión over where the plaque, confirming the tourist licence number, has to be displayed. The plaque can be displayed in the house and doesnt have to be visual from the outside. If you have any concerns you would have to go to the Guarda Civil to denounce the owner, we hope this help.

      Kind regards
      Nicola

  • terry

    We live next door to an idiot who thinks there are no rules in Spain and he can do what ever he pleases, from music on so loud that it could be heard in the next village to screaming and shouting while throwing people in the pool at 3am. We have had both the local police and the Guardia out on numerous occasions in the past but all they do is warn him to which he takes no notice, we have even contacted our solicitor over this matter who told us to keep a log which we have done. Not only is he the problem but his rents are just as bad, we know for sure he is not renting legally and to get around the new laws he has a key safe by the front door and rent-ties are given the combination to get the keys out so as nobody sees them in or out. We have spoken to the cleaner who says she doesn’t want to get involved, we are convinced he is not paying taxes here and have even tried contacting the Belgium tax office who says they are unable to do anything as he says he is resident in Spain. Please can you suggest a way forward for us so as we can live a peaceful life here.

    • Nicola Ryan

      Good Morning Terry,

      Your Solicitor is correct, you and the other neighbours must keep a diary of the events and then it would be best to denounce the neighbour at the Guarda Civil, this will be recorded as a formal complaint and decide if they have enough evidence to take the matter further.

      If you want to check if your neighbour is renting without a tourist licence , which is ilegal, you would have to contact your nearest tourist board who will be able to confirm and discuss this matter further with you , we hope this helps.

      Kind regards
      Nicola.

  • Roger ERNST

    Hi

    Is there any new rules or law about renting an appartment in a community, if the majority of owners voted at the general meeting not to autozize any Holiday rental.

    Best REgards

    • Nicola Ryan

      Good Morning Roger,

      If we can remember correctly , there was a new law in March 2019 regarding rentals, your Admisitrator would be able to detail this for you and confirm what will happen in the event that you or anyone else rents their property out against the community agreement. With any queries regarding a community it is always best to contact the Administrator for advice, we hope this helps.

      Kind regards
      Nicola

  • Matthew Taylor

    Hello are you involved with property rental issues in Alcossebre? We are in the Alcala De Xivert municipality.

    • Nicola Ryan

      Good Morning Matthew,

      Please feel free to email further details to enquiries@spanishsolutions.net ,we will review your case and come back to you. Some things can be dealt with from a far. We look forward to hearing from you.

      Kind regards
      Nicola

  • Stephen Atkins

    Dear Spanish Solutions
    When completing the policy registration for arriving clients/visitors why is it necessary to include the details of a key holder including his/her family including parents?

    Many thanks.

    Stephen Atkins

    • Amanda Thomas

      Hi Stephen, Is because the law requires it. Is the way that the Spanish government identifies this person. Sorry, we know it is a pain. Kind regards

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