user RBMM | over 6 years ago

To Steve: The discussion is NOT about long term rentals and LAU. You can read more about LAU here: https://www.spanishpropertyinsight.com/2016/05/13/urban-rental-law-spain-tenancy-agreements-ley-de-arrendamientos-urbanos-lau/ The discussion is about holiday rentals and I recommend that you read the summary by Spanish Property Insight that I mentioned earlier. You also write that there is no minimum duration in a LAU contract, but if it is a short term rental that law is just not relevant.

user Steve, Palma Nova | over 6 years ago

David Ansell. Hardly rubbish, the answer to your question is entirely logical and predictable in fact. Many people have stopped advertising and/or privately letting because of their concerns about being denounced or inspected and recieving a "sanction", or warning of possible fine. This would mean appealing through a lawyer and the associated costs. AirBnb and Homeaway can afford do do exactly that and have done. They've done it before and had the fines anulled as the local tourism law breaches the law of e-commerce, and they're now doing it again. Letting privately with a LAU contract has never been illegal, and there is no minimum duration for the contract contained in it. For your information private rentals in apartments only became sanctionable after August last year, thus my previous comments are fact. Could I add that before you accuse somebody knowledgable in the field of writing rubbish, you do a little research first.

user David Anchell | over 6 years ago

Steve. You do talk some rubbish. Why did the advertising of your so called 'legal' apartment lets nosedive IMMEDIATELY when it was realised the game was up.

user RBMM | over 6 years ago

When laws are unclear or when different parties interpret them differently they have to be tried in court. I haven't read about a single case where people who were fined appealed in court.

user John Little | over 6 years ago

Thanks for the heads up Steve. just read it. Another example of the left hand not knowing what the right is doing methinks.

user Steve, Palma Nova | over 6 years ago

https://ultimahora.es/noticias/local/2018/04/12/992769/incognitas-resolver-del-alquiler-turistico.html

user RBMM | over 6 years ago

To Steve. I don’t understand what you write: Firstly, there were never any "illegal holiday rentals", as it's not against the law.” How do you explain why MDB (May 11, 2017) has had articles such as ”Over 300 proceedings against illegal holiday rentals since 2012”? There are numerous such articles. Spanish Property Insight has a very good summary of the present law (https://www.spanishpropertyinsight.com/2017/09/08/new-balearic-islands-holiday-rental-law/). "Renting apartments without a license was banned in the region in 2012 under a previous administration but enforcement was largely nonexistent, according to the Balearic government” (https://www.reuters.com/article/us-spain-tourism/spains-balearic-islands-to-fine-illegal-tourist-rentals-idUSKBN1AO1VB).

user Steve, Palma Nova | over 6 years ago

Continued. It's important to separate the legality of letting your property from the obligation to pay tax on your income. Naturally you should make your declaration and comply with this law whatever your line of business. Tax evasion matters are dealt with by Hacienda, not the Ministry of Tourism. In addition the main hotel chains receive millions in "subvenciones" for their reforms every winter, and it's been seen that they cream much of their profits out of Spain for the tax advantage (at the same time as offering free holidays in their Caribbean chains to local politicians in exchange for their favours). So much for the argument about the huge losses of tax revenue due to a few holiday rentals...

user Steve, Palma Nova | over 6 years ago

RBMM. Firstly, there were never any "illegal holiday rentals", as it's not against the law. You may not operate airport travel or a daily cleaning service as hotels do under their tourist licences, but I don't think anyone ever did those things. Today, as ever, you can let any property by weeks providing you do not advertise it on the various holiday websites. This is because the hoteliers want to reduce the numbers, and they run the island using the government, politicians and councils as puppets. However the LAU permits what I have stated, even though the "Conselleria de Tourismo" are sending out contradictive messages. Just like the fines to AirBnb and Homeaway, we will see that they are all quashed as being discriminatory, undemocratic, and clearly in contra to the LAU. Please let's hear no more about "illegal" holiday rentals, as they don't exist.

user RBMM | over 6 years ago

The sun tax will be removed and was decided "in Madrid". It was nevertheless a crazy decision to introduce it. People in Spain my not trust politicians next time they try to promote renewable energy.