Spanish Dream Property

Tuesday, 24 March 2015

Our Spanish Dream - Part 17: Not Today Thank You

The morning of Thursday 19th October 2006 dawned bright and early for us. Together with our youngest son we headed south with smile on our faces and expectations in our hearts. We arrived at the office and were greeted by our agent. There was a complication!

The owner had inherited the property from her father, in his Will she was called by her married name and all paperwork had been prepared in that name. There had been an authorised copy of a passport in her married name made and filed but the passport had since expired. A copy of the new passport had been sent BUT the lady was divorced and had since reverted to her maiden name, so the name on the new passport didn’t match any other documents. It was highly unlikely the Notary would agree for the sale to proceed without proof that the two names were for one person.

In Spain a woman does not change her name when she marries, the name you are born with is the one you keep all your life. Everyone has two surnames, each child takes their first surname from the mother’s last surname and the second surname from the father’s last surname, (it’s simpler than it sounds!). So the Spanish Notary was quite baffled as to why this woman changed her name on marriage and then changed her name back again with no need for any official deeds. So instead of signing for our house we reluctantly agreed to give power of attorney to our solicitor to complete in about two weeks’ time after all the proof required had been sent to Spain for the woman’s identity.

Afterwards we went over to the house. The lady owner had agreed that we could use the house as planned the next week anyway. We deposited the bags we had taken with us and went for a swim in the pool before driving back to Mum and Dad’s. It was disappointing but we weren’t worried.

Oh, how we had underestimated Spanish red tape!

Dave and Bev Townsend have two homes, their main one in Norwich and a second home in Playa Flamenca in south Costa Blanca, Spain which they also let as a holiday rental www.house-by-the-pool.com They run a property finding business offering a free service for those seeking to buy a property in the Costa Blanca (Alicante) or the Mar Menor area of the Costa Calida (Murcia) www.SpanishDreamProperty.com Bev has family in Spain and they intend to move there full-time in a couple of years.

Friday, 6 March 2015

Our Spanish Dream - Part 16: Mum and Dad's 50th

20th October 2006 was my parents' Golden Wedding Anniversary. It was planned for ourselves, our youngest and my sister and brother-in-law to spend a week with them and share in the celebrations. With not enough room for all five of us to stay comfortably at their villa we stayed in a friend’s three bedroom apartment up the road. The main celebrations were on Friday evening with a diner and dance at a local restaurant for around 60 guests, preceded by a champagne lunch for family and a couple of close friends.

We arrived on Wednesday 18th with the plan to travel south and sign the final papers for buying the house on Thursday, then back to Mum and Dad’s that night for the celebrations on Friday and church blessing on Sunday, before heading south again Monday to start the big clean on our new house.

Lunch on Friday went well, with Dave assigned to the barbecue, and lots of laughter and presents. Mum made a Bucks Fizz for our 13 year old son, which he claimed it was very nice and tasted of bananas. Confused I looked on the juice cartoon to find Mum had accidently bought orange, grape and banana juice! The evening meal went well with Mum and Dad being surprised by a Limo collecting them. Dad gave a speech, their friend and Pastor gave a speech, the band played all night and everyone got very merry.

Sunday morning was a lovely service with a blessing. My Dad had recently been given the all clear from his throat cancer and that added to the specialness of the occasion. It’s a lovely memory to have of a time of such joy and laughter. The coming years would make that time extra

Friday, 27 February 2015

Our Spanish Dream - Part 15: The Offer Is Accepted

Date Created: 25.02.2015

It took three days but eventually the agent talked the vendor into accepting our offer. I’m not sure who was most excited, us or our exhausted estate agent! He must have worked very hard to talk her round. We headed back south for the day to sign papers. It had been planned to take the family with us so they could ‘approve’ the house, but the youngest was recovering from mild food poisoning, (nothing to do with my cooking!), so the older ones looked after him and they stayed north for the day. We agreed with the agent to take the family down two days later, complete with their swimming gear, to spend a couple of hours at the house. A good job we didn’t have a mileage restriction on the cost of the hire car, two hours each way and three visits meant we had spent 12 hours of our holiday just driving backwards and forwards between Moraira and the Orihuela Costa.

While the children swam we chatted to neighbours and made very long lists for what jobs needed to be done and what items we would need to buy. I’m glad to say that all three children were more than happy with the final choice, and it really did meet all the criteria on our wish-list.

With the holiday drawing to a close we drove back to Mum’s to spend our final day with them. Our suggested date for completion was in ten weeks, timed to coincide with an already planned visit in October to celebrate my parents’ 50th wedding anniversary. It would be tight but there was no reason why it couldn’t be done, our finances were arranged and the lady who had inherited the house just wanted to be rid of the responsibility. This time we were convinced it would happen, we couldn’t let this one go.

Wednesday, 25 February 2015

Our Spanish Dream - Part 14: Aqua Natura - Swimming With Sharks

After our high flying escapade at the Terra Natura we moved to the neighbouring aqua park. We had booked a session entitled ‘swimming with sharks’. As one of the least adventurous people in the world I was again wondering why I was there. We were handed life jackets, googles and snorkels, that latter two being items had had never worn, or even wanted to wear, before. Dave was somewhat put out when they handed him a buoyancy aid instead of a lifejacket, telling him there were not any jackets large enough for his ample girth!

As the youngest is severely visually impaired he held onto his Dad as we walked into the pool and laid down on the salty (and to me, quite dirty!) water. There was a slight current which moved us slowly along, rather like a lazy river. I felt instantly that I would rather be in a clean lazy river instead of ‘shark infected waters’. I struggled with the snorkel but got there in the end, whereas the children all seemed to take it in their stride. It was certainly a weird feeling having a shark twice my size brush up against me in the water. We had been assured that they were all strict vegetarians! I had no idea until then that there were vegetarian sharks. The sharks and fish came in all shapes and sizes, all totally unfazed by these odd creatures floating above them. It is an experience I would recommend if you get a chance.

From there we moved onto the water slides, shoots and rides to finish the day with shrieks and laughter. For anyone considering a trip to a water park, and there are quite a few dotted around the Costa Blanca, I’d like to give you one very important piece of advice – make sure you continually recover yourself in waterproof sun screen and wear a hat in between rides. Constantly dipping yourself in water fools you into thinking you are not burning, but you will. If you are in Spain for two weeks leave this trip until your second week. Tomato is not a good colour on anyone.

Sunday, 22 February 2015

Our Spanish Dream - Part 13: Terra Natura Zip Wire

Date Created: 11.02.2015

We had a family trip to Terra Natura in Benidorm. We walked around the safari area, divided into the continents of Europe, Asia and America.

Then we headed for the zip wire. We were taken by car up a windy road, it felt as if we were on the top of the mountain by the time it stopped.

Why on earth had I agreed to this?

The zip wire is 180 meters high and 400 meters long, (that’s roughly a quarter of mile long so would take the average person 4-5 minutes to walk the distance on the flat), and at the time was the longest zip wire in Europe. 17 year old son went first, he was really keen, was strapped into the harness, pushed off and disappeared out of sight. Daughter, next, seemed remarkably confident as she swung herself over the ‘abyss’ and got smaller and smaller before she too vanished from sight. 14 year old son, technically blind, was as confident as his brother. He couldn’t understand my concern that I couldn’t see the far end of the wire, he had spent his life unable to see things beyond the end of his nose so what was my problem? Off he went, with a massive smile on his face.

I was physically shaking as I got into the harness, was I totally out of my mind? I don’t like heights, I don’t like speed and I don’t like not having my feet on terra-firma. As I felt myself move forward I shut my eyes tight and started to scream! I ran out of breath so stopped screaming, dared to open my eyes only to discover I was flying high over a herd of elephants, so shut my eyes and screamed again! I was still shaking when Dave arrived down the wire. Did I have a great sense of elation at having conquered my fear of height, speed and dangling in mid-air? Not at all! I just wanted to kiss the ground and have a calming cuppa.

Saturday, 7 February 2015

Our Spanish Dream - Part 12: Found at Last

With the house near former work colleagues still in our mind we started the final day of this search. We had come over to Spain for a two week holiday, planning to spend it in the house we had lost, so instead had stayed near Mum and Dad in Moraira. We had left our teenagers in their care while we went house hunting so did need to go back to rescue my parents soon.

Our poor estate agent had not had an easy ride with us. He said there was a property that had literally just become available, it was 9 years old, had been bought off-plan by a gentleman who had intended to retire there after working for years in the far east and only visited briefly twice a year, until three years ago when he’d become ill and had died the previous year. His daughter had no interest in the property and was selling it ‘as seen’ – she had visited once to take personal effects and that was all.

We parked on the road and walked to the end of the private driveway. The gated pool garden was at the end and the house right next to it, slightly raised up.  It was the best view we had ever seen of a communal pool from the terrace.  It was the largest house we had viewed.  Three large double bedrooms, two bathrooms, large lounge, solarium with sea views, under a mile from the beach and less than 10 minutes walk to the shops.

Inside it was dusty, unloved and neglected.  We barely spoke to each other as we walked around.  Usually I made notes about the properties and then we made our final score out of ten based on those notes.  My piece of paper said just three words – ‘needs a clean’!  Our hearts had been stolen.

As always there was a catch, it was way over budget!  We already had our finances arranged so we made the maximum offer we could, a price the agent didn’t think would be accepted.  So we left it with him and headed back to Moraira for the second week of our holiday, determined to enjoy it whatever happened.

Thursday, 29 January 2015

Our Spanish Dream - Part 11: Chance Encounters

The decision to buy a house when we did was actually our 25th wedding anniversary present to each other, so losing our first choice of present was obviously disappointing. But I’m a great believer in things happening for a reason and if we had lost that house there must be a better option waiting for us somewhere.

In the sweltering August sun we recommenced the impossible search. The first two days produced nothing of interest. By now we had viewed over 40 properties – an estate agent's worst nightmare! However had they have paid more attention to our requirements that list would have been halved. The third day we returned to an area where we had previously seen a three bedroom house. We had liked the house but not the location. This house was identical but in a slightly different location.

“I just need to collect the key from the neighbour” our agent said. The neighbour turned out to be a couple who were former colleagues of Dave and people I knew slightly as we lived near each other until they had moved. It’s a small world! We knew they had moved to Spain after retiring a couple of years previously but didn’t know exactly where.

The house was great, the location pretty good but there was still something holding us back. That evening we returned to the street and had a walk around, then headed for a local bar/restaurant where to our surprise Dave’s former colleagues were having a drink. Just to make things more interesting another retired former colleague was joining them for the evening! The bar was holding a quiz night so we formed a team and called ourselves ‘Chance Encounters’. We didn’t win but we did have a lovely time.

Tuesday, 27 January 2015

Holiday rental licences in Spain - region-by-region

19 January 2015

by Louise Brace

in Finance & legal

Updated 23 January 2015

It’s been 18 months since changes to the LAU (Spanish Tenancy Act) were introduced, affecting Spanish holiday rentals. In this time Spain-holiday.com has been working its way across the 17 autonomous communities to find out exactly how the legislation has been interpreted and what a holiday homeowner should do to apply for their licence.

Not all regions have rolled out the option to apply for a licence; the high volume tourist regions of Andalusia and the Canary Islands have draft decrees on the table, but as yet no date for publication and Murcia is yet to discuss the subject of regulating holiday rentals in the region.

In this article we report on the current situation for holiday rental licence application in each region. We’ll keep the article updated as we receive information. You’ll find links to articles on regions where licence guidelines are available. The list runs in alphabetical order.

Andalusia (capital Seville)

Andalucia is due to publish its version of a legislation for holiday rentals in the first quarter of 2015. The draft decree, which was published last June, does allow owners to offer a bed and breakfast service and single room occupation, but insists on Wifi, air conditioning and heating. You can read the latest update for holiday rentals in Andalucia here.

Aragon (capital Zaragoza)

In October 2013, the Aragonese regional government approved changes to the regulation for holiday accommodation in the region. Introducing ‘Viviendas Turisticas’ as a regulated tourist accommodation type, for which you need to apply for a licence. As with most regions, to apply for your licence you will need to present a Declaración de Responsibilidad (Declaration of Responsibility).

The local government is actively pursuing owners who are operating without a licence with fines starting at 600 € and reaching up to 90,000 €. If you need to apply for a holiday rental licence in Aragon, you must follow the guidelines set out the regional decree for Viviendas Turisticas (holiday rentals) (Spanish text).

Asturias (capital Oviedo)

In Asturias you can apply for your licence online, or at the local/regional Department for Tourism. Holiday homes are classified as Viviendas Vacacionales or Casas de Aldea (private country homes). Apartments are not considered within the decree for Viviendas Vacacionales and you may not offer single room occupation. Read more about how to apply for your holiday rental licence in Asturias.

Balearic Islands (capital Palma de Mallorca)

The Balearic Islands government has managed to complicate their regulations for holiday rental accommodation. Here you can apply for a holiday rental licence if you own a villa or townhouse, but not if you own an apartment. The ruling has alienated many owners and alienated many holidaymakers.

We understand the regional government is preparing a new decree that will further regulate the industry on the islands, but we don’t expect leniency; we understand one of the prerequisites will be for the owner to get permission from their neighbours before they can apply for a licence. A condition that owners in the Canary Islands are also contesting in the soon to be published decree.

Find out what guidelines you need to follow to apply for your Holiday Rental Licence in Mallorca, Menorca and Ibiza.

Basque Country - Pais Vasco (capital Vitoria)

The regional Basque government are working on a new tourism decree, which will include regulations for holiday rentals in the region. The current decree excludes owners from renting out a single property, stating you must have two or more properties to promote tourist accommodation activity. So owners would currently need to promote their holiday rental through an agent. We understand the draft decree allows owners to offer single room occupation, limited to a maximum of six bedrooms (12 beds)

Canary Islands (capitals Las Palmas de Gran Canaria and Santa Cruz de Tenerife)

The Canary Islands regulated holiday apartments back in 1995, restricting the majority of private rentals operating in the region. Last year a petition with close to 20,000 signatures, was presented to the regional government, by Canarian association ASCAV, provoking a reexamination of the current law and a promise to regulate the industry. A draft decree was published by the Canarian government in December 2014, which wasn’t the positive step forward owners and the industry had hoped for. The decree contains three central requirements, that will greatly limit the number of owners who will be able to apply for their licence,

On January 13th, ASCAV presented their plea against 22 recommendations currently highlighted in the draft decree. The plea is in the hands of the Vicepresident; with the date for final review and publication set at the earliest March, and at the worst, after the general elections in May. Read the latest article on holiday rentals regulations in the Canary Islands.

Cantabria (capital Santander)

On the 22nd March 2014, Cantabria amended their Tourism Decree to regulate the short-term holiday rental market for Viviendas Turisticas (private holiday homes). This terminology now ceases to exist in the region and owners should re-register their holiday rental as an ‘Alojamiento Turistico Extrahotelero’. The foundations for applying for the registration and licence are one of the strictest we have come across. Read our article on how to apply for your holiday rental licence in Cantabria.

Castile-La Mancha (capital Toledo)

We spoke to the Regional Tourism Department for Castile-La Mancha who confirmed that there is still no option to apply for a licence in the region. We were informed that although they are studying a change and, indeed would welcome a change, there is no definite decision made as yet.

At present you are unable to obtain a licence for a private holiday home in the region. If you have a Vivienda Rural (Country Home) you may be able to apply for a licence as a Casa Rural, but you would need to take your application to your local tourism office and ask them to study your case. We will keep you informed of any updates in the region.

Castile and León (capital Valladolid)

Again, the law in Castile and Leon, does not currently allow private homes to be rented out for tourist purposes. A homeowner may rent their property out short-term, according to the LAU, but it must not be advertised through tourist and holiday advertising channels.

Catalonia (capital Barcelona)

In Catalonia, the legislation allowing private homes to be used and advertised for tourist purposes, was introduced at the back end of 2011 and the Catalan Government are organised with the administration and distribution of licence applications. One issue is the inconsistency in licence taxes being issued by each local town hall. There is no set fee, with each town hall setting its own price. And in Barcelona city they suspended the issue of licences back in May 2014, whilst it reestablishes guidelines and deals with illegal rentals in the city.

We recommend you read the following article on How to Apply for your Holiday Rental Licence in Catalonia. There are various links in the article to updated posts on Catalonia.

Extremadura (capital Mérida)

Extremadura is another community, which does not currently have specific regulations in place for private homes to offer short-term holiday accommodation. If you want to rent your property out, you must do so under the LAU and again without promotion as tourist accommodation.

Galicia (capital Santiago de Compostela)

The law in Galicia allows a private owner to rent their home out as tourist accommodation. An owner will need to ensure their property meets with the guidelines as set out in the regional decree, there is an application fee to pay and of course, you must declare your earnings to the tax office. Find outhow to apply for your holiday rental licence in Galicia.

La Rioja (capital Logroño)

La Rioja does not currently allow private homes to offer short-term holiday accommodation. We will keep you informed of any updates in the region.

Community of Madrid (capital Madrid)

Madrid introduced regulations at the end of July 2014. Main points to watch out for in their holiday rentals decree include the five day minimum duration and single room occupation is not permitted. Find out more about holiday rentals regulations and how to register your property in Madrid.

Region of Murcia (capital Murcia)

We spoke to the Institute of Tourism for Murcia back in March 2014. They told us that it’s not currently possible for an owner to offer their home as individual tourist accommodation. However, as the region is currently revising its general Tourism Act, there is a possibility that they could introduce a ruling to allow private holiday accommodation to operate in the future. This information hasn't changed since our last update.

Navarre (capital Pamplona)

In Navarre, or Navarra, you can apply for a licence under two categories:

Casa Rural - if your home is built in the traditional architectural style
Apartamento Turistico - whether you have an apartment or bungalow, chalet or villa (Vivienda Turistica) in Navarra, you should apply under the category ‘Apartamento Turistico’ for your licence.

You need to make your licence application in the principal Tourism Office in Pamplona. There is no fee to apply, but once your application has been processed and sent to your local ayuntamiento, you may be requested to pay a fee for registering details with the local authorities. You must include your licence details in any advertising you do for your holiday rental.

The regional tourist board have excellent information on how and where to register your holiday rental:

Visit Navarra's Registro de Turismo and click on the Apartamentos y Viviendas Turisticas link to find out how and where to apply. You can then visit the 'Normativa' page and click on the link ‘Notas sobre el Decreto Foral de Apartamentos Turisticos to download an FAQ on the process. The information is available in Spanish only.

Holiday rental licences Valencian Community

Valencian Community (capital Valencia)

A registration system was introduced in 2013, allowing owners and agents to register their holiday rentals in Valencia, the process was recommendable but not compulsory. However that changed at the beginning of January 2015 and it is now obligatory to register your property with the Registro de Empresas, Establecimientos y Profesiones Turística. You can read all about How to Apply for Holiday Rental Licences in the Valencian Community.

In our continued commitment to keep owners up-to-date with the new legislation for holiday rental licences in Spain, we’ll keep posting updates to this article as we receive them, so please keep checking back. If you are aware of changes or updates in your region, or have further information, please write to me at: louise@spain-holiday.com.

Holiday rental licences in the Valencian Community

15 January 2015

by Louise Brace

in Finance & legal

Update: 15th January 2015

Further to the information we provided in December regarding regulations for holiday rentals (Viviendas Turisticas).

A modification has been published, which states that it is now compulsory for all tourist accommodation establishments, including Viviendas Turisticas, to register their property in the Registro de Empresas, Establecimientos y Profesiones Turísticas (Register for tourist businesses, establishments and professionals.

Once you have your inscription number, it must be included in all advertising you do for the property. Failure to include your inscription in your advertising could lead to fines for both owner and advertising channel.

Who should apply?

At the moment the current decree still states that an owner or manager with just one property has the option to register their property. However, the modification supercedes this, stating that it is compulsory for ALL properties to be registered. We recommend you start the registration process now, because the decree could be updated at any time.

If you manager 2-4 properties, you must register each individual property.

If you manage five or more properties, then you must register as an ‘Empresa’ (business), rather than as an individual and include your generic inscription number, not individual property registration numbers.

How to register your holiday rental in the Valencian Community

Registrations are accepted for apartments, studio apartments, villas, chalets, bungalows and other similar properties. Your home will need to meet the technical requirements and standards, as set out within the decree, based on its category i.e. Standard, Primary and Superior.

Option One:

You can apply for the inscription in any government administrative office, but it is recommended to use one of the following offices:

Registro del Servicio Territorial de Turismo - Alicante
C/ Churruca, 29 - 03003 Alacant/Alicante Teléfono: 012

Registro del Servicio Territorial de Turismo - Castellón
Avda. Hermanos Bou, 47 - 12003 Castellón de la Plana Teléfono: 012

Registro del Servicio Territorial de Turismo - Valencia
Pl. Alfonso el Magnánimo, 15 - 46003 Valencia Teléfono: 012

Option Two

You can also fill out your application and take it in to the post office. You must take the application in an open envelope. This is so they can stamp and date your application.

Once the property is registered, you must include the registration number and category type in all advertising and promotion of the property.

Codes for "Viviendas Turisticas” or privately owned holiday rentals in the Valencian Community depend on the province your home is located in:

Valencia VT/Number/V

Alicante VT/Number/A

Castellon VT/Number/CS

If your property is managed by an accredited agent, the code will differ slightly:

Valencia EGVT/Number/V

Alicante EGVT/Number/A

Castellon EGVT/Number/CS

Property requirements

It’s a good idea to familiarise yourself with the Holiday Rental Decree for Valencia, although please note, that the new modification is still not written into the decree.

The decree sets out the regulation of tourist homes, as stated: apartments, studio apartments, villas, chalets, bungalows, and similar. Plus management companies and agents, legal companies or individuals, who are dedicated to supplying and granting the use of accommodation for the enjoyment of tourists to the Valencian Community.

We have translated and listed here the ‘basic’ standards expected from tourist accommodation:

Access, communal and parking areas Public entrance Lift (if the accommodation is situated on the fourth floor upwards) Stairs Parking is not required at standard level
Installations and servicesHeating and sound installation in all areas Wall power outlets in all rooms and a fuse box Hot water Evacuation plan situated at the front door of the accommodation Emergency telephone list Information about local attractions and places of interest
Room Sizes (min. m2 space) Main bedroom including wardrobe Double bedroom including wardrobe Single bedroom including wardrobe (per person sharing room i.e. per bed) Living/dining/kitchen Living/dining Kitchen Utility room Bathrooms (there must be at least one bathroom including a bath with shower, washbasin and toilet and / or a washroom with a shower, washbasin and toilet Studio apartment (accommodation consisting of a living/dining/kitchen area with separate bathroom)	10 8 8 3.50 18 14 5 - 4.50 24
Rental accommodation should be furnished and equipped appropriately, including: Cutlery Kitchenware and appliances Bed linen Window dressings Other appliances and utensils necessary for guest stays
Kitchen appliancesFridge freezer Electric grill/griddle Oven/microwave Extractor fan and smoke alarm *The kitchen should be equipped with a minimum of two hob burners when the accommodation doesn't exceed four guests and three hob burners plus, when it exceeds four guests

You can contact the Generalitat if you have any questions on registering your holiday rental in Valencia: +34 963 986 079

Here you can download the standard registration form for registering your home for tourist use in the Valencian Community, if you are not going to use a registered agent to do so.

Here you will find all the information you need regarding the different types of tourist accommodation in the Valencian Community and the rules that apply to each.

Here you can refer to tourist legislation for the Valencian Community.

Declaring your holiday rental income

It is also obligatory to declare your holiday rental income. To find out more get in touch with your accountant, or visit the local Agencia Tributaria (Tax Office). We have written an article in collaboration with a financial expert on Declaring the taxable earnings and IVA from your Spanish holiday rental, this gives information on what you must pay, when and how.