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Go Back   Pollensa Forum > LIVING & WORKING IN POLLENSA > Living & Working in the Pollensa Area

Living & Working in the Pollensa Area This forum is for any comments, questions and advice about living (permanently or temporarily) and working in the Pollensa area. Aimed at ex-pats, property owners etc.

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  #1  
Old 20-06-2006, 08:30
James
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Default New Holiday Rental Law?

Does anybody have any details about this new holiday rental law the Balearic Island Government is planning to introduce (referred to in today's Bulletin)?

I'm thinking of possibly buying a place to rent out in the high season but had not heard of this new legislation before today.
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Old 21-06-2006, 02:22
JMD40
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It is such a confusing issue that there is now a little office in Pollença town (propetarios de casas vacaccionalsf or something similar) for the locals to go and get the correct information and produce their papers to obtain their licence. It is basically to `legalise´the renting of villas (not sure about apartments) and to provide a similar standard throughout the programme. The government have sort of decided that anyone who lets out their accommodation without it having a tourist licence (for which an inspection is required and a long list of requirements checked)and paying the appropriate tax and declarations is providing an illegal service. However, like everthing the info. is not clear and there seem to be several loopholes.
I understand it will be very difficult for travel companies to advertise properties which do not have a licence but I imagine an individual can probably advertise providing they can prove that they declare all their earnings and the accommodation is too a good standard.
The Hoteleries (maybe correctly) were unhappy about the loss of business to an `illegal´market which is cheaper due to almost nil costs. i.e. if you rent out your apartment to Joe Bloggs via an advert or via internet and a friend of a friend does the cleaning, and you pocket all the rent then you naturally have the opportunity to offer lower rents than a local `legal´company who pay social security and insurance for their cleaners, tax on their earnings etc.etc. etc. It is also to ensure that all accommodation has a certain health and safety standard to adhere to - to protect the reputation of the Island tourist industry.
Hope this helps a bit but I am sure any local letting agents must have a clearer defination of the situation.
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Old 21-06-2006, 04:16
James
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Thanks JMD40. It is apartments that I am looking at - so I found the reference that to be legal the property must be "detached" in the Bulletin bizarre! And what about semi-detached villas or terraces?

All very confusing.
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Old 21-06-2006, 16:50
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I'm going to theorise without knowledge here, and am prepared to be shot down, but...

...perhaps it is a first step? You start with detatched villas of a certain size, then when the government are happy that this aspect is working right extend it to all other villas; then apartments.

A bit like some of the HMO regulations in Scotland, they started off with one sector and are gradually being extended (and tightened) as time goes on.

So if apartments are excluded just now it doesn't mean that they will be in a couple of years.

allanglens
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Old 21-06-2006, 18:54
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I have just contacted our lawyer's office and their advice is that currently this law applies only to villas, fincas and chalets (hence the reference to "detached" in yesterday's Bulletin).

As allanglens says in the previous post it looks like the start of something....
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Old 21-06-2006, 20:48
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Thanks everyone, will check with our "pet" estate agent and also the letting company for further information when next in PP. At least if we are all confused (although not so much now) I feel a lot better - and safer - I could see us getting an urgent flight to PP and having to deal with lots of red tape!! Mind you, I could still get the flight - just in case ...............8)
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  #7  
Old 22-06-2006, 01:09
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Default holiday rental law

I've asked Tony De La Cruz to take a look at the article. When he comes back with something I'll share it with you all.

Graham
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Old 22-06-2006, 02:28
JMD40
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Default Re: holiday rental law

He should be a good point of reference - as of course the problem with the estate agents and letting agents, dare I say it, will be that they will read it as they see convenient to them as of course they are not going to want to loose this income. :x I know that some inspections took place last year and some locals have got cold feet and taken their house off the internet but as I said it is all rather unclear and full of ifs and buts and loopholes. The office in Pollença is the place for info and I shall try to find time during the next week to have a chat to them - they are set up to help the owners with the paperwork so if I find out anything interesting I shall let all know.
Perhaps we can start to `detach´our apartments - that could be fun!!!:rollin
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Old 22-06-2006, 16:15
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Default Re: holiday rental law

Graham

NB the lawyer I checked with was Tony de la Cruz
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  #10  
Old 23-06-2006, 03:46
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Default holiday rental

Thanks Mariquita. I'll get in touch with him.
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  #11  
Old 05-07-2006, 04:16
driftwood
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I understand the office dealing with the rental law is conselleria de turisme. carrer montenegro 5. 07021. palma mallorca. tel 00 34 971 176191.
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  #12  
Old 15-07-2006, 01:22
Jax
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I have little to add to the original topic here, however the many references to Tony de la Cruz amused me - incidently we used him too! Future buyers should get together here for a group discount!!
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  #13  
Old 01-09-2006, 16:28
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Have you seen today's Mallorca Daily Bulletin?
Does anyone know what it means?

An avalanche of applications expected
THE Balearic Ministry of Tourism is expecting an avalanche of applications for the inspection and approval of holiday flats during September.
The end of September is the deadline for applying for this tourist quality accreditation.
This is an essential requirement for the owners if they want to continue renting out their holiday flats.
Fifteen establishments this week received this accreditation from the Minister of Tourism, Joan Flaquer, himself, from a total of 1'700 establishments on the island. The presentation took place in the headquarters of Inestur, in the ParcBit.
Also present were the director general of the Planning department, Josep Aloy, the director of Inestur, Carlos Piza, and the Mayors of Manacor, Santanyi, Pollensa and Son Servera, the towns where the 15 establishments are situated.
Flaquer announced that for all owners of holiday flats who have not applied for the accreditation by September 26, after having six months in which to apply, “the Balearic Government will restrict these flats to exclusively residential use, and the owners will lose the right to market them as holiday flats”.
© Mallorca Daily Bulletin
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  #14  
Old 01-09-2006, 17:07
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Interesting.

Back in June the reports were of registration for larger villas, and now the 'deadline' for apartments is March '07. Either the initial information was wrong; this is wrong; or the Spanish authorities are moving far quicker than anyone expected! What happened to 'mañana'?

Seriously, I think someone based in Majorca needs to do some research on this pretty quickly. I am still looking at buying, and although any lets will primarily be to 'family and friends', will probably want to advertise, at least on this website. But its difficult to do the research (a) from Scotland, and (b) with 'restaurant Spanish' language skills. It is obviously going to affect a lot of properties and people, many of whom use this forum.

Finally, perhaps our dear webmasters could look at a new 'Legal Issues' section?

allanglens
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  #15  
Old 01-09-2006, 17:20
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I don't really think we need a new section as this section is aimed already primarily at property owners. Mariquita, I think it was you who originally asked Toni de la Cruz about the law and was told it was for Villas only. Perhaps you could ask him to clarify this.

I've tried in vain to find the text of the actual law on a website - has anyone else found it? I once found the original law, which this one simplifies, & it was all in Catalan.

If anyone is letting their property through an agency they may have a better idea of what it all means.
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