Villas In Lanzarote The Letting Laws

The letting laws for villas and apartments in​ Lanzarote and other Canary Islands have been the​ subject of​ much debate over the​ past few years. Many statements have been made by elected presidents of​ villa and apartment communities intent on​ stopping holiday rentals in​ their community in​ an​ effort to​ impose their will on​ uninformed property owners. They are largely bluffing and bullying. Apart from the​ right of​ any citizen to​ inform the​ authorities of​ what they believe to​ be any infringements of​ any law (in this case Clause 38 of​ law 7/1995),​ they have no legal authority to​ impose their views and are seeking to​ exploit the​ unfortunate legal ignorance of​ owners. Here are the​ facts as​ I understand them.

1. Touristic Sites.

If you own on​ a​ Touristic complex (Licensed with the​ Dept of​ Tourism) then Canarian Law Clause 38 Section7/1995 is​ applicable and there must be a​ sole agency who runs all the​ letting on​ the​ site. This can either be the​ community itself or​ an​ outside agency. Either way the​ sole agency must have 50% +1 of​ the​ properties under its control in​ order to​ operate as​ the​ sole agency. the​ site must be licensed by the​ Dept of​ Tourism and owners can only rent out through the​ sole agents. if​ there is​ no sole agency because they cannot achieve 50% +1 then NO ONE is​ allowed to​ rent.

2. Residential Sites.

If you own on​ a​ residential villa or​ apartment site then Spanish Law of​ Horizontal Division is​ applicable and takes precedent and there are no restrictions applicable on​ individual owners of​ private properties renting out providing they agree the​ terms directly with their guests.

You are quite entitled to​ advertise and arrange all the​ rentals yourselves. You are acting legally providing you ensure the​ guests are fully aware before they arrive that it​ is​ a​ private apartment on​ a​ residential site with no on​ site reception and that you provide them with a​ 24 hour emergency contact telephone number of​ a​ person who will be responsible for the​ guests during their stay.

As to​ the​ future,​ it​ could be that the​ authorities will seek to​ amend the​ current laws and to​ regulate the​ situation. Eventually all villas and apartments used as​ holiday lets may have to​ be licensed so that basic minimum standards and suitable third party liability is​ provided for the​ tourists but without the​ need for a​ sole letting agency for each community.

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