Lawyer Raymond Nesbitt admonishes on the legal consequences (read substantial fines) of self-registering your holiday-home letting before the ATR without being fully compliant.
By Raymundo Larraín Nesbitt
Lawyer – Abogado
21st of July 2017
More and more I’m receiving complaints from landlords with holiday rentals in the region of Andalusia who have self-registered before Andalusia’s Tourism Registry (ATR) without being fully compliant. Most of them are going to be landed with stiff fines as I explain below. This has prompted me to write a gentle reminder to all landlords on the legal consequences of registering a property that is not fully compliant in the region of Andalusia.
Three weeks ago, the II Congress of Tourism of the Costa del Sol was held at Marbella. In this congress, the head of the ATR made it clear that when you register your holiday rental in Andalusia you are held responsible and liable for your own self-declaration. It works similar to self-certified mortgages; the person that makes the statement becomes personally liable and will be held accountable of the form he fills in as he declares he is fully compliant on enrolling his property (which frequently is not the case!). The ATRs Director confirmed they had already fined 60 properties in Malaga province alone and hundreds more were in the pipeline on failing to register the properties because they were not fully compliant.
A typical example of this (real case) is a landlord who has not attained a Licence of First Occupation (or equivalent document) for his property but does not want to miss out on the summer letting season. So, what he does is to register 'provisionally' his property on the ATR in the hope of attaining a LFO further down the line (months or even a year after). Put simply, there is no ‘provisional’ registration; or you are in or you are out, period. There is no in-between.
Unbeknownst to landlords, the first thing the ATR checks is if a property has been issued with a LFO by its town hall. The landlord will be fined because, under his own personal responsibility, he declared to be fully compliant when it was simply not the case. He will be landed a fine of minimum €2,000 for this. To give a better idea of what enrolling before the ATR entails, it´s like walking up to a police station and self-admitting to a felony yet acting surprised when punishment is administered! It is basically the same case.
Bottom line, do NOT register your property as a holiday rental before Andalusia’s Tourism Registry unless you fully meet all the law’s requirements (foremost having a LFO) – otherwise you risk being fined!
More details on registration requirements in my blog post: Holiday Rentals in Andalusia Made Easy.
If you are uncertain on whether you fulfil the requirements, contact us free of compromise.
Our law firm offers full registration services of holiday rentals for : POA.
We also offer a comprehensive Holiday Rentals Accounting Service.
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