Re: Long term letting
 

All countries have rules and regulations surrounding all aspects of property but not even being able to let friends and family use the apartment is draconian.

It's up to the OP to decide whether or not they want to risk getting involved and invest in the apartment. I would advise caution and say if in doubt, don't do it.

Re: Long term letting
 

All of the owners meet and decide on the rules that they wish everyone to adhere to and often one of the rules is not to have loads of non owners living in the block. This is democratic not draconian. If the vast majority of the owners live there full time they will understandably not want the disruption of strangers in the building who may cause difficulties.

Rosemary

Re: Long term letting
 

In light of the above information, it's good that this issue has been flagged up on here and hopefully people will be aware that if they buy a holiday home in Spain, it's illegal for them to allow their friends and family to stay in the property and despite it being free of charge, they could face a serious fine.

I hope estate agents and lawyers make this clear to people before they purchase properties in Spain because it could come as a nasty shock for some people. I feel I should warn someone I know who lets their nephew stay in their adjoining apartment a few times a year. They are elderly and not well placed to deal with being prosecuted and fined.

This thread has turned out to be a useful warning to people.

Re: Long term letting
 

I think it's disingenuous to say the least to refer to "despite it being free of charge" when what was originally being suggested to the OP was renting the apartment to friends and family and taking payment in cash thus evading all kinds of requirements including paying tax on the income, needing a licence to rent out tourist accommodation, compliance with community rules, etc.

Re: Long term letting
 

Yes, that was indeed suggested further up the thread but it's moved on since then and what is important now is that people are made aware that it's illegal to allow friends and relatives to stay in their holiday home in Spain. Someone could buy a property in all innocence thinking their parents, siblings, children, friends etc could use it only to find themselves landed with a hefty fine.

This could well sway the OP's decision.

Re: Long term letting
 

Surely it is only illegal if you get any form of payment? as that would constitute a rental and require to comply with rental laws. If you take no payment whatsoever which law are you breaking,?

Re: Long term letting
 

I don't see why it's illegal to let family and friends stay in your home in Spain, it's not the same as letting your home to tourists. Even if you are renting your home, you can still do it.

Catalonia's tourist property definition is "A property is considered to be a property for tourist use when it is ceded by its owner, directly or indirectly, to third parties, in exchange for an economic consideration for a seasonal stay and under conditions of immediate availability", letting family and friends stay in your home doesn't meet that definition.

Re: Long term letting
 

Apparently it's illegal and someone further up the thread said if neighbours see different people staying at your property (house of apartment) you could be reported to the authorities and get a very hefty fine because they assume you are charging them rent.

There is also the issue of residents in apartment blocks (discussed further up) blocking rentals which includes non paying friends and relatives apparently. Even if there is no block on visitors when you buy the apartment, it is something that could happen later on.

I think it's important to thrash these things out on a forum like this and you have to consider the wider audience ie non members reading this who are considering buying a holiday home in Spain. They might think they can charge friends and relatives on the quiet (also discussed further up) or let their friends and relatives stay in their property free of charge but they are not going it risk it after reading this are they?

Personally, I think it's over the top but the most important thing is warning people before they buy a holiday home in Spain. Some people could come seriously unstuck.

Re: Long term letting
 

Yes i get that it may breach urbanisation or apartment block rules but that is different to being illegal as far as the law goes. Who visits someone's property apart from any specific urbanisation or Apartment block rules are the owners concern. I agree re checking specific rules re visitors etc if purchasing in an apartment block or urbanisation but that would be a civil matter not a criminal matter, that would involve the police or criminal fine unless someone can indicate the spanish law that would be broken
I would add yes seeing different people staying at a property may indicate it is being rented out. So yes authorities may enquire if thats the case but if proven no money has changed hands then that would be an end to the enquiry,

Re: Long term letting
 

Indeed, I would agree with that but I would also apply it to individual houses. A neighbour could see different people visiting and staying at the property and report it to the authorities. You then have to prove you are not charging rent and God knows how you would do that. Think of the stress and the hassle too. I wouldn't touch it with a barge pole.

Re: Long term letting
 

That would put an end to having proper house sitters who stay for a time whilst you are away, short term or long term, if it is illegal even when it is free..
Illegal if payment taken under the table, yes, illegal when no payment, no, but may go against community rules.

We used to often spend a long time away and had two break ins which resulted in us getting proper house sitters to stay in and look after the place when we need to.

Re: Long term letting
 

Exactly

Re: Long term letting
 

I believe the burden of proof in Spain is like UK the requirement would be on the prosecution to provide sufficient evidence to prove guilt , if its simply letting one use your property for free how could they do that? Its up to an individual to do what they want with their property so long as it is legal. As has been mentioned house sitting for someone is a good example as is a generous person letting family use their property . I am not suggesting anyone follow the comment about doing it all in cash as in under the table that is a totally different matter.

Re: Long term letting
 

I wouldn't necessarily bank on the law working in your favour. It's a completely different system ie Roman law in Spain and civil law in the UK. That aside, does anyone really want to go there? Why take the risk and put yourself on offer with shed loads of hassle.

Tebo's post resonated with me:

..

Think about all the checks going on in the background and imagine having the police knocking on your door or contacting you in the UK.

On reflection and having read the above posts, I would conclude it's more trouble than it's worth. So either resign yourself to never allowing anyone to visit/use your property in Spain or try Portugal which has different rules and is less restrictive.

Re: Long term letting
 

Having friends and family staying with you or in your first/second residence while you aren't there, having someone to house/flat sit, or home exchanges are all done by the Spanish and it shouldn't be any different for foreigners. Not sure how this thread has snowballed into this.