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Renting out apartments

Renting out apartments

Old Jun 28th 2018, 11:10 am
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Default Renting out apartments

Hi Everyone, Can anyone shed light on what and what not to look for when purchasing property with a view to renting out an inner or adjoining apartment? Do you need a licence (I think yes) if so how regularly are they given out? What is involved in getting a licence? The regulations? Can our solicitor find out ahead of a sale if it would be allowed? We are looking in the Moraira and La Drova areas. Do estate agents sometimes infer you can rent out part of a villa when the reality is you can't?
Any advice would be really welcome and many thanks in advance for your help,
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Old Jun 29th 2018, 6:59 am
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Default Re: Renting out apartments

Originally Posted by ShelleyJack View Post
Hi Everyone, Can anyone shed light on what and what not to look for when purchasing property with a view to renting out an inner or adjoining apartment? Do you need a licence (I think yes) if so how regularly are they given out? What is involved in getting a licence? The regulations? Can our solicitor find out ahead of a sale if it would be allowed? We are looking in the Moraira and La Drova areas. Do estate agents sometimes infer you can rent out part of a villa when the reality is you can't?
Any advice would be really welcome and many thanks in advance for your help,
If it's for a long-term let, then you won't need a licence.
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Old Jun 29th 2018, 8:32 am
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Default Re: Renting out apartments

Originally Posted by snikpoh View Post
If it's for a long-term let, then you won't need a licence.
My error - I actually meant Holiday Lets . . .

Last edited by Rosemary; Jun 29th 2018 at 9:57 am.
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Old Jul 1st 2018, 12:33 am
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Default Re: Renting out apartments

Originally Posted by ShelleyJack View Post
Hi Everyone, Can anyone shed light on what and what not to look for when purchasing property with a view to renting out an inner or adjoining apartment? Do you need a licence (I think yes) if so how regularly are they given out? What is involved in getting a licence? The regulations? Can our solicitor find out ahead of a sale if it would be allowed? We are looking in the Moraira and La Drova areas. Do estate agents sometimes infer you can rent out part of a villa when the reality is you can't?
Any advice would be really welcome and many thanks in advance for your help,
OK, so every property owner who lets their property out on short term rentals in Valencia needs a tourist license to be able to do this. If you use a Spanish company to manage your property solely, it may be that they will use their license. The law changed in 2017, so all owners managing their properties through AirBnB, OwnersDirect or some other similar company will need a tourist license.

It is very unlikely you will get a tourist license on anything other than URBANA land, which should be fine as most of La Drova and I assume Moraira (I have direct experience with La Drova) are urbanised.
You cannot get a tourist license on part of your property, for example a underbuild apartment or a villa that is split in two. You can get a license on the whole property, so long as it meets basic specifications, normally related to minimum room sizes etc - but you are technically not then supposed to be living in part of that property, whilst renting out the other part etc.

If you wish to apply for a tourist license in La Drova, you need an architect report on the property (Barx town hall architect), a valid certificate of habitation for the property and the energy performance certificate.
Juan Carlos is the architect for Barx and he could do you a report on a property in La Drova, before you buy it, to confirm 100%

A good lawyer can find out in principle if you are likely to get a tourist license on the type of property you want to buy etc... Finding a decent lawyer of course can be an issue! There are generally no restrictions on villas for example in La Drova.

Last edited by Smithy73; Jul 1st 2018 at 1:30 am.
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Old Jul 1st 2018, 1:03 am
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Default Re: Renting out apartments

Originally Posted by ShelleyJack View Post
Do estate agents sometimes infer you can rent out part of a villa when the reality is you can't?
Best not to take legal advice from an estate agent - a good lawyer will soon correct you, a not so great lawyer will say nothing.

If the estate agent infers you can rent out part of your villa, it´s probably because the current owners have told him or her that´s what they do... under the radar if it is short term!

You can of course rent out that underbuild apartment or second half of a villa on a more long term basis (3 or more months), with out a license, so long as the certificate of habitation includes the apartment etc

Last edited by Smithy73; Jul 1st 2018 at 1:16 am.
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Old Jul 1st 2018, 7:18 am
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Default Re: Renting out apartments

Originally Posted by Smithy73 View Post
The law changed in 2017, so all owners managing their properties through AirBnB, OwnersDirect or some other similar company will need a tourist license.

.

The new law comes into effect in Valencia on 8th July 2018
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Old Jul 11th 2018, 12:01 pm
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Default Re: Renting out apartments

Originally Posted by Smithy73 View Post
Best not to take legal advice from an estate agent - a good lawyer will soon correct you, a not so great lawyer will say nothing.

If the estate agent infers you can rent out part of your villa, it´s probably because the current owners have told him or her that´s what they do... under the radar if it is short term!

You can of course rent out that underbuild apartment or second half of a villa on a more long term basis (3 or more months), with out a license, so long as the certificate of habitation includes the apartment etc
A belated and sincere thanks for your replies. Much appreciated.
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Old Aug 4th 2018, 1:01 pm
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Default Re: Renting out apartments

Originally Posted by Smithy73 View Post
Best not to take legal advice from an estate agent - a good lawyer will soon correct you, a not so great lawyer will say nothing.

If the estate agent infers you can rent out part of your villa, it´s probably because the current owners have told him or her that´s what they do... under the radar if it is short term!

You can of course rent out that underbuild apartment or second half of a villa on a more long term basis (3 or more months), with out a license, so long as the certificate of habitation includes the apartment etc
Should all properties have a certificate of habitation. I have never seen one for my villa.
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Old Aug 4th 2018, 1:45 pm
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Default Re: Renting out apartments

Most modern properties built in the last 30 years (possibly longer) will have a certificate. If the property does not have one it is illegal to let it.

If you are buying a property and it doesn't have one it is the first alarm bell as it often means it is an illegally built property.
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Old Aug 4th 2018, 1:59 pm
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Default Re: Renting out apartments

Originally Posted by Fred James View Post
Most modern properties built in the last 30 years (possibly longer) will have a certificate. If the property does not have one it is illegal to let it.

If you are buying a property and it doesn't have one it is the first alarm bell as it often means it is an illegally built property.
Just remember though that many older properties won't necessarily have one - quite legally so.
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