Andalucia register before May

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costa-brava
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Andalucia register before May

Post by costa-brava »

http://www.spanishpropertyinsight.com/2 ... al-decree/

Cam across this link. It is by Spanish rgistered lawyer from Marbella and with UK connections. I don't agree with all his opinions especially his views in another post about Murcia. But he gives a good outline of the Andaluz situation.
Two key points he makes are:
1. You have to register BEFORE the end of May 2016
2. They are allowing a year to get up to date with airconditioning.
He also points out that the new law DOES NOT affect rural properties that are already covered by law.
costa-brava
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Post by costa-brava »

TYPOS
Came across
Registered
Sorry typing on my notepad on my knee!
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CSE
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Post by CSE »

So are you saying your advice in that everyone should wait is no longer valid?
Never try to out-stubborn your guests.
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Post by costa-brava »

Casantoestevo wrote:
"I wish links were added to back up information they wish to discuss." (post on Murcia after I had copied and pasted from the Spain-holiday information).
Casantestevo wrote:
"So are you saying your advice that everyone should wait is no longer valid?"
My dear friend Casa.
I have just added a link that not just backs up my previous posts but also updates the situation.
My advice is irrelevant if it contradicts the reality.
However my advice about waiting was specifically about the installation of A/C.
My advice about registering in Andalucia was and still is; "Keep looking for updates."
According to the link I published in this post, it looks like there is more urgency to register even though it may still not very clear how to do it.
So please, friend, let's not go down the pedantic route again. It works better if we post and update according to the information we have, rather that having silly personal arguments.
There will be literally thousands of owners trying to get registered before the summer. Don't you think it would be wonderful if, between us, we could give LMH readers a heads up on what is happening.
I hate these silly niggles that we get involved in. It doesn't help the people who are trying to understand a fairly complex situation. I don't claim that I'm always right and am usually quick to re-post if I discover that I was wrong.
If you read the link http://www.spanishpropertyinsight.com/2 ... al-decree/ you will see that the writer says there is a window of 3 months where you can become legally registered. This is what he says:
"Obligation to Register your Property: by the 12th of May 2016
In compliance with this Decree and with Law 13/2011, of Tourism in Andalusia, landlords will have a three-month deadline to register their properties before the Junta de Andalusia as from the day this new decree is officially published in the BOJA (Andalusia’s official law gazette). The law was published on the 11th of February, so the three-month deadline ends on: 12th of May 2016. As from this day onwards, this new Decree will come into force."
He further adds that you need to register here:
http://www.juntadeandalucia.es/turismoy ... ax=&total=
If you follow the link and then click on the option "Comunicación previa para el inicio o ejercicio de la actividad" this will take you to their virtual office where you have to login (all in Spanish).
The writer of the post, Raymundo Larraín Nesbitt, suggests that you should recruit the services of a Spanish lawyer.
Contrary to my usual "advice" I think this will be necessary unless you speak very good Spanish. On the other hand if you have a friend that is good with IT and can speak Spanish, why not give it a try?
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Post by CSE »

Only asked a simple question. :roll: To which a simple answer would have been, yes it seems I have got it wrong/I was correct all of the time.

Now you poured out all sorts.
So lets get this clear. You first post on this thread does not back up anything you have said on the Andalusian decree.
In this your advice was to wait. Which is the opposite to you information posted now. viewtopic.php?t=25717
In the next one you said the decree was to allow a B&B service. Nothing has been proven on that. Neither does the PDF on the decree or does the link you have now given.
viewtopic.php?t=25665


Going back to this personal thing. You keep berating us, not only in this thread, but also in the last linked thread. Plus a few other times. We feel it is increasing with the passing of time. So far we have not taken a great deal of offence.
Never try to out-stubborn your guests.
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Post by costa-brava »

I decline to continue this CASA.
The link was posted for the benefit of owners in Andalucia.
I hope some of them find it beneficial.
If anybody FROM ANDALUCIA finds my posts eronious please tell me.
However, as from today, I will not respond in any fashion to the jibes from Casasantestevo. I find it very unpleasant to have this type of harassment. In the rules of the forum set long ago by Paolo he said "Be nice! It is fine to attack an opinion but not the person expressing it. Some forums are spoiled by bickering among its users."
The forum is undoubtedly spoiled by bickering and the people who lose out most are the members who genuinely want information.
This year will see a colossal shift in the rules affecting Andalucia. I post on the matter because I experienced the same here in Catalunya. It is difficult to wade through all the rules especially if you don't speak Spanish.
It is ridiculous that we should constantly have to defend ourselves to a niggler who very rarely adds any material information.
In any case, I will, from today refrain from defending myself because it just adds to the bickering.
My sincere apologies to other LMH members who have lost out from this nonsense.
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Post by Sanchisimo »

There are lots of sources of slightly conflicting information whereas the only correct one is from the Junta itself. We shall be going to the Junta's tourism office in Malaga that covers Malaga province and I will let you all know what they say and provide the step-by-step process we go through as we register our apartment.
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Post by Casscat »

costabravarent wrote:In the rules of the forum set long ago by Paolo he said "Be nice! It is fine to attack an opinion but not the person expressing it. Some forums are spoiled by bickering among its users."
Hear hear. Please guys, put your history to one side and just try to get on. I find posts from both of you illuminating, but often a Spain thread which started out as a great source of knowledge descends into a two-person bun fight and the rest of us feel that we have to take to the air raid shelters. You may irritate the crap out of each other, but sometimes you just have to stifle the urge to punch out a sarky comment on the keyboard for the greater good of this community. May you both continue to grace the forum with your passion for informing others. Now how about a truce, a handshake and a setting aside of personal issues?
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Post by costa-brava »

Thanks Casscat
I like the bit about illuminating. Joking aside I agree with your comments.
Sanchisimo, I think your visit should produce some good information.
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Post by cleanforum »

Sanchisimo, I noticed your house has designation CR for Casa Rural.

I wonder if you can clearup a point for me (and possibly others) as to the difference between a Casa Rural and Vivienda Rural?

I notice both types of registration for owners on this forum but the properties are all offering essentially the same services ie accommodation. Can you explain the difference? :?
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Post by costa-brava »

Casa is like a guest house. Vivienda is renting the complete house. A casa rural has to be registered as a business, I think.
Lots of people mix up the two.
Vivienda is the key word for all private holiday rentals.
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Post by costa-brava »

Looking again at various Spanish sites and posts in LMH seems to confirm my thoughts that CASA rural is a bed an breakfast type establishment or more precisely where individual rooms are offered. The VIVIENDA rural is where the whole house is rented.
But in both cases they come under the umbrella of established laws and are not affected by the new laws that come in this year. The 2016 law applies to properties that are not rural.
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Post by cleanforum »

Thanks.
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Sanchisimo
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Post by Sanchisimo »

Sorry for late reply, family over so on entertainment mode. Yes, a Vivienda Turistica is solely for complete house or rooms but without any services offered (such as food). A Casa Rural is more like a rural guest house but can also just be offered as a complete unit where you hand over the keys.

Both are easy to get, a form was filled in, we paid the town hall a small fee for a report and the Malaga office of the Junta's tourism department came and had a look. Their main problem if I recall was that every bedroom must have a chair. the reference number seems to last forever as we went to see if we needed to renew but they waived us away saying it¡f we have the number that's fine.
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Post by costa-brava »

In the link that I presented in the first post of this thread the blogger states that everybody must register before the 12th of May.
The latest from S/H says:
"UPDATE: The Decree has now been published today, 11th February 2016 and property registration will begin 3 months from today"
http://www.spain-holiday.com/rentalbuzz ... -andalucia
So there is a divergence of interpretation already. A bit like David Cameron's "special place in Europe".
So I have poured over the detail of the decree and it goes like this.
The body of the law has been passed but does not come into effect until the 12th of May. However the law expressly states that you must have notified the authorities and have a license number before you begin the exploitation of your property. But nearly everybody already has their property advertised (without any license number).
I just don't see the office responsible being able to get into action this fast.
But I have to say that I think the interpretation of Nichola Elrich in Spain Holiday is NOT CORRECT. It may well happen this way in practice but the Decree states that you must have the licence number before you advertise your property. Historically S/H have had good contact with the various authorities, so maybe they have been told something that the rest of us don't know. Maybe my Spanish is not as good as I think but I have translated quite a number of legal documents over the years.
I really do think that as many people as possible should try to get clarification. You can't rely on one source and despite their recalcitrance the official sources are best.
For the provision of A/C, heating and several other requirements to make the property fit for purpose the law specifically allows a period of grace of one year. For a full list of these requirements go to the REQUIREMENTS (a-l) in the S/H link above.
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