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PROPERTY

Q&A: How is Brexit affecting people wanting to buy property in Spain?

While the pandemic has been the main hurdle for those hoping to move to Spain, Spanish property expert and author Sean Woolley says it's time to look at the impact of Brexit with the end of the transition period drawing near. Here he answers some key questions.

Q&A: How is Brexit affecting people wanting to buy property in Spain?
Photo: AFP

The COVID-19 pandemic has been all that we have been thinking about since March, but as we enter the final quarter of 2020, the end of the transition period for the UK to leave Europe is fast approaching and things are going to change. To support UK buyers planning to buy property in Spain who are concerned how the withdrawal will affect them, Sean has compiled and answered buyers’ questions about Brexit and buying property in Spain. 

What are the implications for those wanting to invest in Spanish property as the transition period deadline of December 31st draws closer? 

As we know, the transition period ends on December 31st 2020. Until then, British citizens have the same rights in the EU as previously. Nothing changes until January 1st 2021. The withdrawal agreement allows British citizens to continue to live, work or study in Spain with the same rights as an EU citizen, but only if they register as resident in Spain before December 31st. 

Does Brexit mean that the British can’t buy property in Spain? 

No, not at all. All foreigners are allowed to buy property in Spain regardless of their nationality. It doesn’t matter whether your home country is inside or outside of the EU.

READ MORE: How long will British second-home owners in Spain be able to stay after Brexit?

 

Photo by Elisabeth Agustín on Unsplash

Has Brexit impacted the Spanish property market?

Since the UK announced its decision to leave the EU, there has been a slight drop in the number of British buyers (especially due to sterling’s weakness against the euro since the Brexit referendum result), but purchases from other countries have remained steady, thereby balancing out the impact.

Has Brexit affected property prices in Spain? 

According to the Association of Property Registrars, Spanish property prices went up by 4 percent in Q1 2020 compared to Q4 2019, and by 6.96 percent year on year. Since prices bottomed out in Q4 2014 (prior to Brexit), they have gone up by 40.85 percent, suggesting that Brexit has had no effect on prices at all.

Of course, we are currently faced with another crisis with the COVID-19 pandemic, but this has predominantly caused a series of welcome pricing corrections rather than a full-scale collapse of the market. Buyer interest remains strong, new vendor instructions are not flooding the market, and mortgage funding is readily available.

Has Brexit made it more expensive to buy property in Spain? 

Sterling has been weaker since the Brexit referendum result, thereby making it more expensive for Brits to purchase in Spain. However, by using a currency company you can minimise the costs of transferring money and take advantage of the best rate possible for your purchase. 

OPINION:Travelling to Spain after Brexit will be more complicated and costly

AFP

Will I be able to get a mortgage in Spain after Brexit?

As a non-resident and provided you can provide proof of income and a sound credit record, you can take out a mortgage in Spain, usually up to a maximum of 70 percent loan to value or purchase price, whichever is lower. There is a possibility that from 2021, British buyers may only be eligible for a lower LTV of perhaps 60 percent-65 percent – on a par with other non-EU applicants, however Spanish banks regularly approve 70 percent LTV for Swiss (non-EU) nationals, and considering that British buyers continue to account for a large proportion of transactions, a tightening of lending seems unlikely.

What about property purchase taxes?

Everyone who buys a property in Spain is liable for the same purchase costs and taxes, and there are no plans to change it.

Will I be able to let my Spanish property after December 31st?

Foreigners are freely permitted to let their properties in Spain for holidays and longer-term rentals. This is not set to change.

What about rental income tax? 

Once the transition period ends on 31st December, British owners in Spain will probably be liable for a slightly higher tax on rental income. At the moment, EU citizens pay 19 percent while non-EU citizens pay 24 percent. Brit owners may therefore fall into the higher bracket by default at the end of the year. However, this law is currently being challenged in the European courts as unfair discrimination, so could well be overturned.

For how long will I be able to stay and live in Spain? 

Now we’re getting to the crux of the matter. No firm decision has been made by the UK and Spanish governments regarding visas for British nationals travelling to Spain. Bearing in mind that the Spanish government are especially eager to attract foreign tourism and investment, it is widely expected that tourism visas will not be required for British nationals entering Spain. Currently the rules are that non-EU visitors to Spain may stay for up to 90 days within a 6-month period without needing a visa and this seems likely to apply to British visitors as well.

The cloudy issue surrounds those who wish to stay for longer than 90 days at a time. This needs to be decided, and there is a possibility that a residence visa of some sort will need to be applied for.

So, how could I obtain a residence visa after December 31st? 

At the moment, non-EU buyers have the chance to apply for a Golden Visa which includes resident permits for the buyer and their dependents in exchange for making an investment of at least €500,000 in property. One of the advantages of this scheme is that you do not actually have to live in Spain or pay taxes here, although you will need to visit once a year if you want to renew it. 

It therefore seems that the only sure route to residency for British buyers post Brexit will be to apply for a Golden Visa, but with the current rules, this would restrict the visas to those spending €500k+ on property. Perhaps this figure will be lowered to accommodate more buyers and investment?

Can I obtain residency if I buy a property before 31st December 2020? 

Under the withdrawal agreement, all British citizens who register as resident in Spain before 31st December have the right to live in the country with the same rights as EU citizens. You will need to have either the title deeds to a property here OR a long-term rental contract in place to provide evidence that you were here before the deadline and are planning to be here long-term. The process is straightforward but it needs to be done before 31st December. That’s just over 3 months away!

These questions have been submitted by Cloud Nine Spain followers on Facebook and you can see Sean answering them on YouTube

Sean Woolley is the Founder and Director of leading real estate agency Cloud Nine Spain. During lockdown he wrote the book From the Ground Up – The Insider’s Guide to Buying Spanish Property, sharing his years of experience, real life stories, tips and tricks with buyers interested in investing in Spanish Real Estate, which is now available on Amazon. 

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MADRID

Madrid suspends holiday-let licences as rent prices spiral

Madrid City Hall has announced it will temporarily suspend the granting of new licences for so-called tourist apartments in a bid to rein in a ballooning industry that's impacting prices and stock of long-term rents in Spain's capital.

Madrid suspends holiday-let licences as rent prices spiral

Madrid authorities also announced they will not authorise the transformation of commercial properties into tourist accommodation in the centre of the city and will increase the fines for tourist properties that do not comply with regulations.

Madrid, like many other cities in Spain, has been suffering from a rise in illegal tourist accommodation with thousands swiftly popping up across the capital.

One of the main obstacles for regulators is how difficult it is to find out exactly how many there are. Madrid authorities have counted 14,699 tourist establishments in the city, 92 percent of which are for tourist accommodation. But, only 941 of these have a municipal licence, meaning the rest are illegal.

READ ALSO: Why Madrid is struggling with its explosion of illegal holiday lets

According to the Inside Airbnb platform though, there are 25,543 tourist apartments listed in the city.

In order to combat the issue,  Madrid City Hall will increase the amount of fines for owning and running one of these illegal holiday lets.

They will set the first penalty at €30,000, the second at €60,000 and the third level at €100,000. Those committing serious infringements or who keep renting out their flats without licences, even after warnings, may have to pay up to €190,000.

Current fines are only €1,000 for the first infringement. If they still don’t comply, a second fine of €2,000 is issued, and if the situation persists, a third penalty of €3,000 will be given.

The number of inspectors to check on tourist rentals will also be increased by 15 percent, up to 75.

In order to help holidaymakers know whether or not an apartment they’re interested in is legal or not, the city will also publish a list of flats with licences and their location on an official website.

“People who want to stay will know if they are in a legal or illegal accommodation and the consequences that may arise because of this” explained Mayor José Luis Martínez-Almeida.

In early 2019, former mayor Manuela Carmena approved a special Accommodation Plan to regulate tourist accommodation in the city. The new rule established among other requirements that tourist apartments should have an independent entrance from the rest of the neighbours.

According to her calculations, this would affect 95 percent of holiday lets in the city, essentially rendering them illegal. The rule was appealed by the sector, but the courts ended up agreeing with the City Council in 2021.

These rules were found to be insufficient as many holiday lets have continued to operate in the capital without a licence, and in late 2023 Martínez-Almeida promised to create new ones. 

Initial approval of the new plan is scheduled for September 2024 and final approval is expected to be in the first half of 2025. 

READ ALSO: Who really owns all the Airbnb-style lets in Spain?

The problem is not only the number of tourist rentals, but the issues they cause for residents. The Inspection and Disciplinary Service received 51 percent more complaints in 2023 than in 2022 that involved homes and apartments for tourist use: 686 compared to 454. 82 percent of which came from citizens.  

Of the total inspections carried out (4,093), it was verified that 478 homes were dedicated to tourist use and 243 were for residential use.

Not everyone is in agreement with the new plan. The Regional Federation of Neighbours of Madrid (FRAMV) believes Almeida’s plan is not enough and that the regulations should apply to the entire municipality not just the central areas.  

The spokesperson for Más Madrid in the City Council, Rita Maestre, has also spoken out against the plan. Maestre believes that the vast majority of tourist apartments already operate freely without a licence, and that the new legislation will do little to change that.

For Exceltur, Spain’s main tourism and hotelier association, there is not enough inspection capacity anywhere in Spain to be able to control that legislation is complied with.

Spain’s Housing Minister Isabel Rodríguez recently called on the 17 regional governments to implement restrictions on short-term holiday lets in areas where rents for locals have spiked, as the national government continues to look for ways to address the country’s housing crisis.

“Wherever there is a greater concentration of apartments for tourists, there is also pressure in the property market ,” Rodríguez said.

Even Madrid’s populist regional president Isabel Díaz Ayuso, whose policies are usually in favour of “freedom” and liberalisation, has said that they “are studying how to regulate holiday accommodation so that higher prices do not expel neighbours”.

Average monthly rent prices in Madrid currently stand at €20.7 per square metre, after registering an increase of 18.2 percent over the last twelve months and 4.8 percent in a quarter-on-quarter rate.

“Vacation rentals are having an impact on the market, especially in the historic centres of cities,” Madrid’s general director of Housing and Rehabilitation of the Community María José Piccio-Marchetti Prado, told Business Insider Spain.

“In Madrid you see it around Puerta del Sol, Plaza Mayor… where there are many tourist homes”.

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

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