Canary Islands Tourism Regulations Act - Page 2

PeeJay · 24-11-09, 21:43

I have been having some interesting discussions relating to the family and friends concession issue largely pertaining to residential sites and the "commercial" issues as well.

It would seem.... but this is as yet untested in court...that

a) you can rent to family and friends...but on the proviso that you only own one apartment.

b) if you own 2 or more apartments then it might be interpreted that the second apartment lets are "commercial"

but again as yet this seems to be untested and as such any extra apartments should be limited to long term lets only.

c) the family and friends concession allows for a limited use only ie if you are making the apartment available for letting for the majority or even the whole of the year then this also could well be deemed "commercial"

d) A single internet website which is controlled directly by the owner and all contact is direct between the owner and his guests would seem to me to be acceptable....

The law as I have seen it only makes reference to "advertising in brochures or with agencies" as being prohibited.

The use of internet sites post dates all the current letting laws and the advice given by our administrators is that these laws will need revising to incorporate such internet activity but that I shouldnt hold my breath waiting for this to happen.

The difficulty would seem to be I am not sure what jurisdiction any Spanish court would have over an internet website which originated and was controlled from the UK.

Yes this is a recurring theme and strangely it is always at about this time that it tends to resurface. Not sure why

sunny · 24-11-09, 21:44

My understanding of it is, as in the case of Palm Mar etc, you can long let ie periods of 3 months and more, but you cannot advertise as holiday accomodation as Palm Mar is classed as a residential area and also all the complexes are in effect residential and not set up for touristic situations.

Of course we ALL know that people do let out to family and friends and that is not a problem, to advertise using the word holiday rental ie on internet can leave you open for fines from the tourist board, Also anyone can if they feel the need report you to the tourism office for doing this, as not registered to be a tourist letting.

Saying that it all goes out the window if they chose to ignore any complaint but of course, they can also act on this, so anyone letting for holiday rentals in Palm Mar are doing so knowing all the consequences.

For instance we have been witness to holiday companies in Palm Mar bringing in tourists to stay in certain complexes !! what do you do ?

sunny · 24-11-09, 21:45

Peejay think we both posted at the same time lol

PeeJay · 24-11-09, 21:58

Quote:

Originally Posted by snowbirds

Who would take action against someone in breach of these regulations, whose interpretation appears to be unclear and open to abuse in any case? Do you know if any "Authority" has taken action against someone in a residentail complex who has been "commercially" letting? My understanding is that there is no such case?

If you look at the rental property sites like Owners Direct and Holiday Lettings for example you will see many adverts from owners on "residential" complexes in Tenerife.

Perhaps the "Authorities" turn a blind eye as they would be reducing the number of visitors to Tenerife if they took action. The irony of course also is that the "Authorities" levy your annual tax under Form 210 Impuesto sobre la Renta de no Residentes partly on the grounds that you do receive a rental income even if you live in a residential complex. Or at least that is what my adviser told me. An element of hypocrisy here

I am aware that the Office of Tourism known locally I believe as The Tourismo has and is currently inverstigating many sites with Touristic Licences and have made some prosecutions against agencies for breaches of the Sole Letting restrictions amongst other things and have levied fines on the communities for the failure to have adequate fire fighting facilities etc.

I am not aware to date that any private owners on residential sites have been the subject of any actions.

I am told that there are only 2 inspectors for such sites for the whole of the South of Tenerife and that neither of them speaks any English.

The general view seems to be that it would be very difficult if not impossible to prove that a guest was not either a family member or a friend..

not withstanding the conditions outlined in my previous post.

PeeJay · 24-11-09, 22:02

Quote:

Originally Posted by sunny

For instance we have been witness to holiday companies in Palm Mar bringing in tourists to stay in certain complexes !! what do you do ?

If proven then that would to me be a clear "commercial" activity and illegal under the current regulations.

What to do ??? Well IMHO a denuncia would be costly and it seems ineffective.

An approach to the community administrators and or the President would be my choice in the first instance but they would want I believe clear proof that an outside agency was involved.

The best approach would then be to write to the escritura owners pointing out the fact that this sort of letting was illegal.

Periklês · 24-11-09, 22:11

Quote:

Originally Posted by PeeJay

d) A single internet website which is controlled directly by the owner and all contact is direct between the owner and his guests would seem to me to be acceptable....
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The difficulty would seem to be I am not sure what jurisdiction any Spanish court would have over an internet website which originated and was controlled from the UK.:

I don't think the legality or not of the website is an issue here. The question is whether a local authority would judge that such a website would constitute commercial letting or not, regardless where the site is controlled. Until there have been some test cases or a new ruling, this will remain a grey area.

PeeJay · 24-11-09, 22:28

Quote:

Originally Posted by Periklês

I don't think the legality or not of the website is an issue here. The question is whether a local authority would judge that such a website would constitute commercial letting or not, regardless where the site is controlled. Until there have been some test cases or a new ruling, this will remain a grey area.

Very much so ... deepest deepest grey

Janet · 24-11-09, 22:31

Quote:

Originally Posted by sunny

For instance we have been witness to holiday companies in Palm Mar bringing in tourists to stay in certain complexes !! what do you do ?

No!!!!!!!!!!! Sunny, please PM me!

Janet · 24-11-09, 22:37

Quote:

Originally Posted by snowbirds

Do you know if any "Authority" has taken action against someone in a residentail complex who has been "commercially" letting? My understanding is that there is no such case?

Apparently there are two or three residential complexes in the Los Gigantes/Puerto Santiago area which have been fined for commercial lettings. It's hearsay though, I can't do any more than repeat what I've heard.

PeeJay · 24-11-09, 22:45

Quote:

Originally Posted by Janet

Apparently there are two or three residential complexes in the Los Gigantes/Puerto Santiago area which have been fined for commercial lettings. It's hearsay though, I can't do any more than repeat what I've heard.

How would they fine the community (complex) ????

surely that would only arise if they were knowingly allowing an agency to operate without a touristic licence.

Its has clear as mud