Mortgage interest rates in the euro area are increasing, making the British who have borrowed to buy holiday homes in Spain under increasing financial pressure. As a result, many turn to the holiday bills.
But after the recent scare stories reporting that most holiday in Spain illegally, and that some Britons are a maximum fine of 30,000 euros on struggled to hire without a license, many owners are now half thoughts.
"When I heard this I immediately contacted my agency in Spain, but was new to them," says the buy-rent-investor David Harris, 52, a hotelier in Essex, which are for rent apartment 2 persons Mijas on the Costa del Sol for tourists. Forum of the properties are full of advice, which leaves you more confused. "
A recent survey of Spanish property portal Kyero showed that 82% of (mainly British), respondents did not know or rental permits were required in their area of Spain. "Clearly, there is a lack of knowledge and awareness of this specific aspect of Spanish law," said Martin, head of Kyero.
The problem is further complicated by Spanish law distinction between "tourist apartments" (Apartamentos Turisticos) and 'vacation' (viviendas vacacionales). "The first is a special category of property and built a special license to rent to tourists, usually in a complex with certain facilities and services under the management of an enterprise, while the latter are private residences rented to tourists by the owners to part-time, "says Maria de Castro, Costa Luz Lawyers Andalusia.
Said that Spain, the rules are often ignored, and some developers happy mis-selling tourist apartments "as private property to unsuspecting British buyers ignore the distinction." Tourist apartments "have limitations of use, and the need for a license if the rules are applied. Fines may be incurred if they are left without complying with the standards of services and facilities.
But what most Britons own Spanish law is defined as 'holiday', so the question is whether you need a permit to rent to tourists when in other countries such as Portugal and Italy?
In Spain, with its system of autonomous regional governments, the answer depends on where your property.
"You do not need a license to rent an apartment or a private villa to holidaymakers on mainland Spain," says the owner of a rental management company. "We have lawyers check this for us, and in 3500 this summer, we can not afford a mistake."
I can not confirm that this is true for all areas of mainland Spain, the regional restrictions seem to exist. In Murcia, for example, should the Department of Tourism to register before you can rent a private property to tourists, and may be fined for not doing so. In Andalusia, on the other hand, you need only the local authorities aware of your plans, and in the Valencia region do not need to do something, at least for local lawyers and the regional government. So it seems that most owners of private property on the British mainland to relax, but you always need to clarify your case with a local lawyer.
The islands are a different story. Powerful lobbies of hotels in the Balearic and Canary urged local laws make it difficult or impossible for owners to legally rent to tourists.
"In the Balearic Islands can only official" tourist apartments for rent to tourists, not a private residential apartment, "says Isabel Loeffler of Loeffler's Legal Centre of Mallorca." The only form of residential property you can rent a villa, but only if you have a license. "
The department of tourism in Palma confirms and adds that the certificate of rent detached houses are no longer allowed in Mallorca (although it looks like they may still be granted in Menorca).
It 's a similar story in the Canary Islands. "It 's illegal for a residential apartment for rent to tourists on a weekly basis and you need a license to rent a villa, although no longer issuing permits," said Mario Izquierdo Lanzarote Lawyers.
A quick search online, however, shows thousands of apartments and villas in both regions, many of whom belong to the British owners who may not know that face fines if they are caught.
"The situation is a bit 'of confusion," admits Kate Mentink, 63, from Edinburgh, who has lived in Mallorca for 27 years and is now a councilor and deputy mayor in charge of tourism and international integration in the famous town in the south-Calvia west.
"My department has been decided that all short-term rentals to friends and relatives are fine if you declare the rental income and pay taxes, but to rent to foreigners through tour operators, agency, or even the Internet is not permitted without permit "Mentink said.
Despite reports of high fines for a number of British owners, it seems that the notices of fines, at least sometimes. "Last week we have a case in the room of a British man who warned against renting out your apartment without a IT license. No Action Taken were complementary, but Could he be fined if he continues," says Mentink.
Nobody I talked to can confirm that the penalties actually paid in the Balearic and Canary Islands, even if they are issued. "He can not stand up in court," said one lawyer.
Furthermore, the restrictions only in the short term vacation rentals not to longer periods, perhaps to the owners who can use their property for a few weeks a year. "Short-term rentals are a problem," says Jan Westwood of office, the buyer of the property Finders in Mallorca. "If you use the right kind of contract you can get a rent in the winter, for example, Yachting Community, which is much more profitable and easier on your property you do not need a license."
Wherever you are in Spain itself, but especially on the islands, the best advice is to check with a local lawyer, and remember that it can certainly be fined if you do not declare your rental income and pay taxes on. You also need appropriate insurance, leasing just for each customer and the Community agreed to check if you belong to a community of owners.
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