Illegal tourist properties – Valencian Government Inspections

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Posted and filed under In the Spanish News, Legal Issues in Spain.

illegaltouristproperties

Illegal tourist properties – the Valencian Government continues to fight against these. Such as, they are now carrying out inspections on considerable amounts of tourist homes. There will be many more in 2020. Please take action so that they do not visit yours.

Local Police are also collaborating in the detection of illegal tourist houses and apartments that could be breaking the regional regulations. It appears that they are starting with a main focus in Valencia city. Afterwards, they will spread throughout the Valencia region. They will use town hall police to achieve this.

Inspections of Illegal Tourist Properties

Police annual records show that the police inspect allegedly illegal tourist apartments. To check your accreditations, your licences etc. Information is sent to the Tourism Agency.

Owners of tourist apartments must prove in the inspections that they are in the database of tourist apartments. You must also be able to justify that you have the ‘approval’ of the local Council. As this requirement was introduced after the approval of the new regional tourism law in 2018.

Tightening up of Illegal activities in Spain

This is all part of a general plan to tigthen up illegal activities in Spain. Some people say that why was I permitted to pay cash partly for properties?

This was “black money” or “money under the table” but not now? And furthermore are now made to pay capital gains tax on any profit from the deeds price. When actually this was not a true profit as perhaps you paid a large sum in cash.

Contrary to public belief, paying cash as undeclared sums was never legal in Spain. The authorities have never allowed black money. But it is only in recent years that they have increased the security measurements to avoid this. By tightening procedures at the Notary for you. It is very diffcult to do now.

The same goes for renting out a property for holiday use and not having a licence or paying tax on the income. Increasingly now checks are being made on properties that are being let. It is not so easy for you to get away with it if you don’t have a licence and all the paperwork. Checks will be made in the future.

Fines – Illegal Tourist Properties

Failure to comply with the new laws regarding illegal tourist properties may result in substantial fines. This depends on how serious the infraction is.

If someone is letting out an apartment for holidays without it being recorded in the registry. Then a sanctioning file is initiated. You could be charged many thousands of euros!

Also owners have to stop letting. You may also be breaching safety, health and hygiene regulations without realising. Which could result in more fines for you.

Other Infractions

There are other minor infractions, such as misleading advertising, prices higher than those advertised, or the refusal to offer the administration
information about the letting activity.

Are you paying your rental tax?

We would like to inform you that it is now compulsory to declare rental tax in Spain. Spanish Solutions can assist you also in this process. We have provided information below on the matter:

If you are renting out your property and you are non resident in Spain, you are required to pay a rental tax every quarter, by the 20th of January, April, July and October.

The form will need to be submitted to the Tax Office at the end of the corresponding quarter

Deductible expenses

There are some expenses that can be deducted from the tax to be paid in their proportional part:

  • Council tax (copy of the bill)
  • Community fee if any
  • House insurance
  • Water, electricity, gas and Internet bills if included
  • House keeping fee
  • Cleaning
  • Advertising fees
  • If you pay mortgage we can deduct the interests you pay monthly

Our strong advice if you are letting an apartment or house in Spain for tourist use, is to do things properly. We can help you.

12 Comments

  • S Kendall

    My father has died he lived in Spain for 10 years and the house was in his sole name . He had a Spanish will and his widow left the property and moved back to the UK . She says she has refused her inheritance but this is a lie as the bank have spoken to me as I wish to take on the mortgage and they said the house is in my fathers name but it cannot be sold until the inheritance is sorted. They had not been told he had died . I have now found out as I have a colleague who lives in the area in Spain that she is renting the property out . What can I do ?

    • Amanda Thomas

      Dear Sally, My goodness, this is quite complicated. Firstly, if the house was in his sole name it cannot be transferred until a Spanish probate has been done. It is very hard to refuse an inheritance… It is true that the inheritance must be done before the house can be sold. Please email me with a copy fo the Spanish Will and I will advise further what to do. Kind regards Amanda

  • Andrei

    Hello! A quick question: as a potential owner of a turistic apartment in Spain, as long as all the rules are followed, are you also allowed to use the apartment as your own residence and even main residence, and not rent the apartment at all?

    Thank you kindly!

    • Jane

      Hi Andrei

      When you apply for a licence one of the documents that you signed says that you will rent out this property, if you don’t want to rent it you should inform the tourist office to cancel the Licence.

      Kind Regards

      Jane

  • PeterHowe

    I live on an urbanisation in Orihuela costa, there is an apartment opposite that is constantly rented out in the summer months. How can I carry out a check that the property is legally registered for short term letsand how do I go about raising a denunciation with the local police to have it investigated, t the majority of renters continuouslyflot the urbanisation rules which is very upsetting the home owners in residence. The urb president is eryteluctant to act as he has on interest in the cheap rents on offer.

    • Nicola Ryan

      Thank you for your enquiry.

      You can check with the Alicante tourist board to confirm if the properties have a tourist licence, another option would be to discuss this with the home owner and ask to see the tourist licence number. We are unsure if the Police would be interested in this matter, but to report a denuncia you need to visit your local Guardia Civil with the details of the houses and your concerns. We hope this helps.

      Kind regards
      Nicola

  • Gail

    I paid a company called Singular Stays for a 3-week stay in Valencia during Sept/Oct 2022. Part of the fee was a 300 Euro deposit which was supposed to be refunded 1-2 weeks after checkout. They refuse to reply to any of my many communications about this. There were no damages at all. What can I do to get this refunded if they keep refusing to answer all of my emails and messages?

    • Amanda Thomas

      Dear Gail, The best thing to do is to contact a lawyer in Valencia city. We wish you luck with this. With kind regards

  • J molby

    Hi,
    Our Valencian property has approval for rental some time ago before the law changes. How do we check the list checked and get the approval number it already has?

    • Nicola Ryan

      Thank you for your enquiry,

      To confirm the tourist licence number, you would need to contact the tourist board near to you. We hope this helps.

      Kind regards
      Nicola

  • Lesleyhayes

    Hi ive recently returned from a holiday in Alicante i booked through a crowd called inishfree cano roig the places were not fit to be rented we had to move 3times on the third time I had to pay out extra money to secure a clean safe place I’ve asked for some sort of refund the guy got very aggressive and threatening to me on the phone i paid him in cash and he refuses to give me a receipt I’ve asked him for the license number of the property’s we in he is now ignoring all form of contact is there anything i can do

    • Nicola Ryan

      Afternoon Lesley,

      We have replied to you via another channel.

      Nicola

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