Buying a Property Abroad

ForSaleOur friend Richard has sent the link below about new regulations for private rentals. If you are thinking of buying a property for renting out then be sure to check with your legal team and not just take the salesman's (or woman) word about the legal status of a property.

We have published just the latest update here but if you wish to read the whole of the article then follow this link:

  Canarian Government’s urban letting regulation for private rentals

Update 22 May: Despite the hopes and arguments of those who wanted to be able to offer and use private rentals regardless of their prohibition in tourism law, the Canarian Parliament has today approved the much awaited “regulación” which adapts its Urban Letting legislation – and the hotel association Ashotel is likely to be highly pleased with the outcome. For according to the regulation, private letting may only be undertaken in “non-touristic” areas and where such letting is not already banned by other legislation – as private holiday rentals are by tourism law.

These private rentals are now regulated in Canarian urban letting law, as constitutionally required, and do not come into conflict with Canarian tourism legislation, as the government always insisted would be the case given that its tourism laws have been ratified in Spain to the highest possible legislative and juridical levels.

It will be a bitter disappointment for many who hoped that the Urban Letting regulation would force the Canarian Government’s hand, and who believed that private rentals in holiday areas were a virtual inevitably. Even in those buildings away from tourist areas, private rentals may only be undertaken if the statutes of the community do not expressly prohibit them.

Canarian Government spokesman Martin Marrero said that with the new urban letting regulation, and the existing tourism law, the Canaries was now compliant with the requirement to regulate private holiday letting, and that it had been impossible to facilitate the demands of all sides.

The president of the lobbying association Ascav, Doris Borrego, said that her association needed to study the new regulation in detail, but that she felt it was largely in keeping with their demands, and that Ascav had never sought the ability for short term letting to be undertaken in holiday areas. The regulation was historic, however, she said, for the thousands of owners that Ascav represents who will now be able to conduct short-term rentals in other areas. As I’ve said before, Ascav’s constituency is mainly Canarians rather than the foreigners who own in the main tourist parts of the south.

The regulation also, as expected, requires any short-term letting to be initiated by official application and declaration, along with documentation confirming habitability such as a cedula. The regulation will now be drawn up, and will be drafted in English as well as Spanish – as soon as I have a copy I’ll post it.

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