Posted in: Administrative Law
Can my Community of Owners stop me?
If your house belongs to a Community of Owners, firstly, you must ensure that the Community itself allows this type of rental. Regarding holiday lets and communities, to do this, you must consult the Community of Owners Title deed of constitution or its Statutes. In the event that this use is not expressly prohibited or limited, then you can rent out your property for short term lets.
March 6, 2019, a modification was introduced in article 17.12 of the Horizontal Property Law. This was after the publication of Royal Decree 7/2019. From then, any Community of Owners, following the legally established voting procedure, can limit or condition the existence and use of tourist properties in the Community.
In addition, the new regulation includes the possibility that a Community may impose on the owners of holiday lets the obligation to pay special fees. Or you may have to pay an increase in the share of common expenses. Based on the property being let. However this increase cannot exceed 20% of the quota of the common expenses of the Community of Owners.
This new regulation does not affect houses that were already registered for tourist use before March 6, 2019. They can continue on the same conditions that they had previously, nor can special fees or an increase in expenses be imposed.
Currently, the Regional Governments are in charge of regulating these aspects for each of their territories. In the Valencian Community a series of formal requirements are required. This is to permit the house to be used for a holiday let or tourist use.
If the Community of Owners does not expressly prohibit this type of rental. Then the owner or the person who manages that tourist rental can proceed and must comply with the formal requirements established by the Government of the Valencian Community.
Firstly, a declaration of responsibility or start of activity must be submitted electronically through the Electronic Office of the Generalitat Valenciana. The application has to be verified by the competent Valencian authority. Then applicant will receive a notification, also electronically, denying or confirming the registration of the property in the Tourism Registry. This is the tourist licence number that sites need.
There may be additional obligations issued by the City Council where your house is located. So the existing regulation for each municipality should be consulted.
If we can help with any issue to do with letting a property and the law please contact us.