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TRANSPORT

UPDATE: Can I travel from the UK to Spain through France despite the new restrictions?

France is bringing in tough new restrictions on arrivals from the UK over fears of the so-called Indian variant of Covid - 19, but what about people who just want to pass through France on their way to Spain?

UPDATE: Can I travel from the UK to Spain through France despite the new restrictions?
Photo: Ander Gillena/AFP

Question: I am planning to drive to Spain from the UK and obviously that involves going through France – do the new French travel rules apply to me if I am only passing through?

From Monday, May 31st, France is tightening up entry requirements for arrivals from the UK, following in the footsteps of Germany and Austria as European countries become increasingly concerned about circulation of the ‘Indian variant’ of Covid in the UK.

The new travel rules have three parts;

Travellers need a vital reason to enter France. You can find the full list of vital reasons HERE but the criteria are strict and require documentary proof. Travel to second homes and to visit family and friends is not accepted as a vital reason. This rule does not apply to French citizens, citizens of another EU country or people who have their permanent residence in France.

Travellers must show a negative Covid test at the border taken within the previous 48 hours (a change from the 72 hour requirement). This can be either a PCR or an antigen test. This applies to everyone, including French and EU citizens and permanent residents of France.

Travellers must self-isolate for seven days on arrival, although there will be no police checks to enforce this. This applies to everyone including French and EU citizens and residents.

READ ALSO: Everything you need to know about the new Spain-UK travel rules

So what’s the situation if you are just passing through?

If you are returning to your permanent residence in another EU or Schengen zone country then you can travel, as one of the listed ‘vital reasons’ is returning home. You will, however, need to show some proof of your residency, ideally a residency card.

If you are travelling for another reason you can travel through France, provided you spend less than 24 hours in the country.

The testing requirement applies to all arrivals, even if you are only passing through France, but if you spend less than 24 hours in the country you are not required to quarantine.

You will also need to check the rules in your destination country on arrivals from France. If you are entering France from an EU or Schengen zone country you will need to show a negative Covid test taken within the previous 72 hours and this must be a PCR test. You can enter France for any reason from an EU/Schengen country.

And yes, these rules all apply even to the fully vaccinated.

To find out more about the restrictions and requirements for driving between Spain and the UK click here

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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