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Rental licence
Post here if you have a house. villa or apartment available for rent in Quesada, such as long-term, short-term or holiday rental.
Rental licence
by TonTri » Fri May 04, 2018 10:11 pm
I don't know whether posters on here have seen this article in the Euro Weekly today. It states that you definitely need a licence to rent out a private property if you advertise it anywhere or you can be fined. I am so glad we decided to apply for the licence despite many arguments, including advice from local solicitors, that you didn't need one.
https://www.euroweeklynews.com/properties-in-spain-sale-real-estate-spain/1472542-good-news-for-holidaymakers
https://www.euroweeklynews.com/properties-in-spain-sale-real-estate-spain/1472542-good-news-for-holidaymakers
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Re: Rental licence
by Jan » Sat May 05, 2018 5:32 am
TonTri wrote:I don't know whether posters on here have seen this article in the Euro Weekly today. It states that you definitely need a licence to rent out a private property if you advertise it anywhere or you can be fined. I am so glad we decided to apply for the licence despite many arguments, including advice from local solicitors, that you didn't need one.
https://www.euroweeklynews.com/properties-in-spain-sale-real-estate-spain/1472542-good-news-for-holidaymakers
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Re: Rental licence
by scubydoo » Sat May 05, 2018 6:55 am
TonTri wrote:I don't know whether posters on here have seen this article in the Euro Weekly today. It states that you definitely need a licence to rent out a private property if you advertise it anywhere or you can be fined. I am so glad we decided to apply for the licence despite many arguments, including advice from local solicitors, that you didn't need one.
https://www.euroweeklynews.com/properties-in-spain-sale-real-estate-spain/1472542-good-news-for-holidaymakers
Hi TonTri
As someone who has obviously looked into this carefully and recently gone through the process of registering for the license etc, I wonder if you would mind outlining the process of registering a property for rental and costs involved as this would be very useful to some forum members who may be considering this option.
TIA.
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Re: Rental licence
by TonTri » Sat May 05, 2018 7:16 am
Hi Scubydoo. The actual process of applying for the licence is pretty straightforward. You need to download the form, fill it in (it's in Spanish obviously) and either take it or post it to the Oficina del Turismo in Alicante, or do as I did which was to take it into the post office in Quesada. They verified the document before I sealed the envelope and gave me a receipt of posting. It took about 5 months to get the licence document through, although a couple of years ago it was taking much longer, sometimes nearly a year.
This website has all the information anyone should need including a link to download the form and an English translation of the form at the bottom https://www.spain-holiday.com/rentalbuzz/holiday-rental-licences-in-the-valencian-community and this is a link to a previous lengthy discussion on the subject http://www.talkquesada.com/quesada-general-discussion-f9/holiday-home-rental-licence-t18618.html
At the moment there are discussions going on about the need to keep a record of all guests including passport numbers and submit the data to the national police using their website. That makes renting out a lot more complicated especially with the new Data Protection Regulations coming into force this month. Quesada Town Hall weren't aware of the procedure so I have now contacted the Guardia Civil and am waiting a reply. I will keep the forum posted as will Lana, another member of the forum who actually raised the topic a few days ago.
This website has all the information anyone should need including a link to download the form and an English translation of the form at the bottom https://www.spain-holiday.com/rentalbuzz/holiday-rental-licences-in-the-valencian-community and this is a link to a previous lengthy discussion on the subject http://www.talkquesada.com/quesada-general-discussion-f9/holiday-home-rental-licence-t18618.html
At the moment there are discussions going on about the need to keep a record of all guests including passport numbers and submit the data to the national police using their website. That makes renting out a lot more complicated especially with the new Data Protection Regulations coming into force this month. Quesada Town Hall weren't aware of the procedure so I have now contacted the Guardia Civil and am waiting a reply. I will keep the forum posted as will Lana, another member of the forum who actually raised the topic a few days ago.
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TonTri - Posts: 2631
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Re: Rental licence
by scubydoo » Sat May 05, 2018 2:40 pm
TonTri wrote:Hi Scubydoo. The actual process of applying for the licence is pretty straightforward. You need to download the form, fill it in (it's in Spanish obviously) and either take it or post it to the Oficina del Turismo in Alicante, or do as I did which was to take it into the post office in Quesada. They verified the document before I sealed the envelope and gave me a receipt of posting. It took about 5 months to get the licence document through, although a couple of years ago it was taking much longer, sometimes nearly a year.
This website has all the information anyone should need including a link to download the form and an English translation of the form at the bottom https://www.spain-holiday.com/rentalbuzz/holiday-rental-licences-in-the-valencian-community and this is a link to a previous lengthy discussion on the subject http://www.talkquesada.com/quesada-general-discussion-f9/holiday-home-rental-licence-t18618.html
At the moment there are discussions going on about the need to keep a record of all guests including passport numbers and submit the data to the national police using their website. That makes renting out a lot more complicated especially with the new Data Protection Regulations coming into force this month. Quesada Town Hall weren't aware of the procedure so I have now contacted the Guardia Civil and am waiting a reply. I will keep the forum posted as will Lana, another member of the forum who actually raised the topic a few days ago.
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Re: Rental licence
by TonTri » Sun May 20, 2018 11:24 pm
Yes this has been brought up recently on the forum. http://www.talkquesada.com/property-villas-houses-apartments-to-rent-in-quesada-spain-f41/legal-procedure-for-holiday-rentals-t27147.html
The procedure seems relatively straightforward and I have all the paperwork in place, however in order to register the guests with the Guardia Civil you need a username and password to login to their data entry system. Our Property Manager has visited Quesada Town Hall and spoke to officials there and in the Guardia Civil and they are not aware of the regulations and do not know where to get the information from. I have since been in touch with the Guardia Civil offices in Madrid and the Comiseria Provincial de Policia in Alicante and they have advised me to get in touch with Almoradi Guardia Civil which I am trying to do. The problems dont stop there though as you also need to take into account the new EU GDPR regulations coming into effect on May 25th.
If you have experience in dealing with the procedure perhaps you can advise us on the forum
a) if it is Almoradi Guardia Civil we need to contact and
b) the easiest way to comply with the GDPR regs
many thanks
The procedure seems relatively straightforward and I have all the paperwork in place, however in order to register the guests with the Guardia Civil you need a username and password to login to their data entry system. Our Property Manager has visited Quesada Town Hall and spoke to officials there and in the Guardia Civil and they are not aware of the regulations and do not know where to get the information from. I have since been in touch with the Guardia Civil offices in Madrid and the Comiseria Provincial de Policia in Alicante and they have advised me to get in touch with Almoradi Guardia Civil which I am trying to do. The problems dont stop there though as you also need to take into account the new EU GDPR regulations coming into effect on May 25th.
If you have experience in dealing with the procedure perhaps you can advise us on the forum
a) if it is Almoradi Guardia Civil we need to contact and
b) the easiest way to comply with the GDPR regs
many thanks
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TonTri - Posts: 2631
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- Which part of Spain are you from?: Quesada
- Gender: Female
Re: Rental licence
by PeteKnight » Mon May 21, 2018 8:24 am
GDPR Compliance shouldn’t be too much of an issue in this situation, although it does depend to a degree what personal information the police need about each adult. My guess would be that it’s something like:
Gender
Date of Birth
Nationality
Passport or ID Card Number
In that case, the data doesn’t fit into the GDPR ‘Special’ category.
As you’re an organisation of less than 250 employees and the data processing is “occasional” then the restrictions aren’t too onerous.
If you plan on retaining contact information for guests after their stay, and maybe doing occasional marketing emails to them to see if they want to visit again (this includes sending them electronic Christmas cards etc) then they should be given the option to opt out of this type of marketing when they supply the contact information, and on each occasion when you contact them (by telling them how to unsubscribe from future emails).
Once you know the data required by the police, I’d put together a form that needs to be completed by each person aged 16 or over. The form should state:
1) that the data will be shared with the police to comply with the terms of the tourist licence and local legislation
2) that the data won’t be sold or given to any other 3rd parties
3) give them the option to opt-out of future marketing, and if you plan to use various marketing channels (email, SMS, direct mail etc) then give them the choice of how they prefer to be contacted.
4) tell them how to opt-out of future marketing communications.
5) tell them that they have the right to see/review/amend the data you store about them.
Get a signature from each person who completed the form, and you may want to use the opportunity to get them to agree that they will comply with the house and community rules during their stay.
When you do send marketing emails then you should ensure that the recipients of mass emails can’t see each other’s email addresses (by putting the email addresses in the BCC box). You should include a line at the bottom of the email saying “to opt out of further marketing emails please do the following...”. If you plan to do a lot of email marketing then there are some good online email list management products that automatically handle the unsubscribe process for you, as well as tracking dead email addresses and managing email campaigns.
Where people’s data is no longer required to be retained by you (you don’t plan to contact them again and you’re not keeping the data for tax audit or other valid purposes) then you should destroy it securely. It makes no difference if the data is stored in paper or electronic form, the rules about its use and destruction are the same.
The key things about compliance are that:
You only collect relevant data
You tell people how the data is being used
You give people the option to opt-out of marketing
You don’t sell or share the data without the owner’s consent
You keep the data secure
You destroy the data once it is no longer needed
You give People the ability to review and amend their data on request.
Having a simple GDPR policy statement is a good idea. This can just be for your own purposes, but it’s nice to be able to produce it of you’re asked. It’s also a good idea to re-read your own policy statement when you’re about to do a marketing campaign, to remind yourself what your own rules and guidelines are.
Pete.
Gender
Date of Birth
Nationality
Passport or ID Card Number
In that case, the data doesn’t fit into the GDPR ‘Special’ category.
As you’re an organisation of less than 250 employees and the data processing is “occasional” then the restrictions aren’t too onerous.
If you plan on retaining contact information for guests after their stay, and maybe doing occasional marketing emails to them to see if they want to visit again (this includes sending them electronic Christmas cards etc) then they should be given the option to opt out of this type of marketing when they supply the contact information, and on each occasion when you contact them (by telling them how to unsubscribe from future emails).
Once you know the data required by the police, I’d put together a form that needs to be completed by each person aged 16 or over. The form should state:
1) that the data will be shared with the police to comply with the terms of the tourist licence and local legislation
2) that the data won’t be sold or given to any other 3rd parties
3) give them the option to opt-out of future marketing, and if you plan to use various marketing channels (email, SMS, direct mail etc) then give them the choice of how they prefer to be contacted.
4) tell them how to opt-out of future marketing communications.
5) tell them that they have the right to see/review/amend the data you store about them.
Get a signature from each person who completed the form, and you may want to use the opportunity to get them to agree that they will comply with the house and community rules during their stay.
When you do send marketing emails then you should ensure that the recipients of mass emails can’t see each other’s email addresses (by putting the email addresses in the BCC box). You should include a line at the bottom of the email saying “to opt out of further marketing emails please do the following...”. If you plan to do a lot of email marketing then there are some good online email list management products that automatically handle the unsubscribe process for you, as well as tracking dead email addresses and managing email campaigns.
Where people’s data is no longer required to be retained by you (you don’t plan to contact them again and you’re not keeping the data for tax audit or other valid purposes) then you should destroy it securely. It makes no difference if the data is stored in paper or electronic form, the rules about its use and destruction are the same.
The key things about compliance are that:
You only collect relevant data
You tell people how the data is being used
You give people the option to opt-out of marketing
You don’t sell or share the data without the owner’s consent
You keep the data secure
You destroy the data once it is no longer needed
You give People the ability to review and amend their data on request.
Having a simple GDPR policy statement is a good idea. This can just be for your own purposes, but it’s nice to be able to produce it of you’re asked. It’s also a good idea to re-read your own policy statement when you’re about to do a marketing campaign, to remind yourself what your own rules and guidelines are.
Pete.
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Re: Rental licence
by AMK » Mon May 21, 2018 8:46 am
The article refers to holiday rentals...so just to be clear, does the licensing also apply to, say, long term private rentals ?
What are the penalties for an un-licensed rental and is it reportable to the Guardia Civil ?
What are the penalties for an un-licensed rental and is it reportable to the Guardia Civil ?
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Re: Rental licence
by TonTri » Mon May 21, 2018 9:16 am
PeteKnight wrote:GDPR Compliance shouldn’t be too much of an issue in this situation, although it does depend to a degree what personal information the police need about each adult. My guess would be that it’s something like:
Gender
Date of Birth
Nationality
Passport or ID Card Number
In that case, the data doesn’t fit into the GDPR ‘Special’ category.
As you’re an organisation of less than 250 employees and the data processing is “occasional” then the restrictions aren’t too onerous.
If you plan on retaining contact information for guests after their stay, and maybe doing occasional marketing emails to them to see if they want to visit again (this includes sending them electronic Christmas cards etc) then they should be given the option to opt out of this type of marketing when they supply the contact information, and on each occasion when you contact them (by telling them how to unsubscribe from future emails).
Once you know the data required by the police, I’d put together a form that needs to be completed by each person aged 16 or over. The form should state:
1) that the data will be shared with the police to comply with the terms of the tourist licence and local legislation
2) that the data won’t be sold or given to any other 3rd parties
3) give them the option to opt-out of future marketing, and if you plan to use various marketing channels (email, SMS, direct mail etc) then give them the choice of how they prefer to be contacted.
4) tell them how to opt-out of future marketing communications.
5) tell them that they have the right to see/review/amend the data you store about them.
Get a signature from each person who completed the form, and you may want to use the opportunity to get them to agree that they will comply with the house and community rules during their stay.
When you do send marketing emails then you should ensure that the recipients of mass emails can’t see each other’s email addresses (by putting the email addresses in the BCC box). You should include a line at the bottom of the email saying “to opt out of further marketing emails please do the following...”. If you plan to do a lot of email marketing then there are some good online email list management products that automatically handle the unsubscribe process for you, as well as tracking dead email addresses and managing email campaigns.
Where people’s data is no longer required to be retained by you (you don’t plan to contact them again and you’re not keeping the data for tax audit or other valid purposes) then you should destroy it securely. It makes no difference if the data is stored in paper or electronic form, the rules about its use and destruction are the same.
The key things about compliance are that:
You only collect relevant data
You tell people how the data is being used
You give people the option to opt-out of marketing
You don’t sell or share the data without the owner’s consent
You keep the data secure
You destroy the data once it is no longer needed
You give People the ability to review and amend their data on request.
Having a simple GDPR policy statement is a good idea. This can just be for your own purposes, but it’s nice to be able to produce it of you’re asked. It’s also a good idea to re-read your own policy statement when you’re about to do a marketing campaign, to remind yourself what your own rules and guidelines are.
Pete.
Hi Pete. Thanks for your input. The details I need to submit to the police are as you mention, i.e. Name, DOB, Nationality, Gender, ID Type/Number/Date of issue. There isnt any problem with this as far as GDPR regs go, the main issue I need to address is that each guest over 16 needs to sign the a form with their personal data on and this needs to be stored for 3 years. As far as I can judge, as long as I have a lockable cabinet, which only us owners and our Property Manager have access to this should comply with the regs.
I have attended a GDPR Webinar and have Privacy Statement already drafted, I am just waiting to get the damn username and password to access the police database to submit the data. Very difficult when even the local authorities don't seem to know anything about it all.
As a footnote we are just a retired couple who rent their holiday home for the summer months, we live there all winter and I have no intention of sending any guests Marketing info or Christmas cards .
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TonTri - Posts: 2631
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Re: Rental licence
by TonTri » Mon May 21, 2018 9:18 am
AMK wrote:The article refers to holiday rentals...so just to be clear, does the licensing also apply to, say, long term private rentals ?
What are the penalties for an un-licensed rental and is it reportable to the Guardia Civil ?
No you don't need a licence for long term rentals, only holiday lets and I don't think you need to register guests on the police database either.
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TonTri - Posts: 2631
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