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PROPERTY

Property in Spain: What landlords need to know about renting out a property 

If you buy a property in Spain for investment purposes or for a long-term retirement plan, you may be thinking about renting it out in the meantime. As a landlord in Spain, there are several things you should be aware of.

Property in Spain: What landlords need to know about renting out a property 
Being a landlord in Spain. Image: Anders Nord / Unsplash

Decide whether you want to rent your property out yourself or use a property management company
Your first decision as a landlord is to decide if you want to manage the property yourself or if you want a management company to do it for you. There are pros and cons to both. While management companies are obviously more expensive, if you live outside of Spain or in a different city to your property, then it’s best to get a local company to help you manage it. They will also be aware of all your legal requirements. 

Make sure you’re aware of all the legal obligations if you want to rent your property out to tourists
In this article, we will mainly focus on renting your property out long-term to tenants, as there a whole different set of rules if you want to rent your property out short-term to tourists. In many Spanish regions, you will be required to get a tourist licence for your property in order to do this. Contact your local town hall to see if this is a requirement in your area and how to go about applying for one.

Make sure to ask for a deposit
When renting out long term, you are allowed to ask for one month’s rent as a down payment in case of any damages to the property. Technically you are supposed to give this deposit to a third party for safekeeping such as the Consejería de la Vivienda in your local area.

The initial rental period is five years
In March 2019, the Ley de Arrendamientos Urbanos (LAU) changed the property laws in Spain so that the rental period was extended to five years instead of three, as it was prior to 2013. During this time, only the tenant is allowed to cancel the contract. If your tenant doesn’t give you notice within 30 days of the contract renewal date, it will automatically be renewed for another five years.

If you need the property back for whatever reason, you can only do this after one year
According to the LAU, if you need your property back, for example, to let immediate family live there, then you can only do this after one year of tenancy and must give your tenants two months’ notice.

What you need to know about being a landlord in Spain. Image: Tumisu / Pixabay

You are allowed to evict a tenant who is behind on rent
According to Balcells Group legal firm, if a tenant is behind on rent, you should first try to sort the situation amicably, but if you still aren’t getting paid, you can make an application to evict your tenant for non-payment. A judge will make a decision based on your application and if they rule in your favour, the tenant must leave the property, as well as paying the outstanding amount of rent.

You are only able to change the rental price of your property if previously agreed upon
The LAU states that you are only able to revise the rental price if this has previously been established in the rental contract with the tenant. However, if you have made drastic improvements to the property during this time, which are not just repairs and maintenance, you are allowed to increase the rent after the work has been completed, providing you have informed the tenant in writing. This cannot be an increase of more than 20 percent.

Be aware of tax obligations
Whether you’re a resident or a non-resident in Spain, if you own a property here and rent it out, you are liable to pay tax on the rent you receive. And be aware that if you’re a non-resident and decide not to rent your property out, but only use it yourself for holidays, you will still be liable to pay non-residents tax on the property. If you’re an EU resident or resident of Norway or Iceland, you will pay a tax base rate of 19 percent, all others will pay a tax base rate of 24 percent. Make sure you seek legal advice from a professional to ensure you are paying the correct amount of tax and declaring it accordingly.

Make sure you are registered on the Property Registry
When you buy your house in Spain, you must ensure that you are registered on the Property or Land Registry, which lists you as the owner. This should be done at the moment of purchasing the property, however, if you’re planning on renting it out, you may want to double-check this. This is because in order to avoid rental scams, many tenants will look this up themselves to check that you are the true owner. 

You are responsible for paying the community fees and IBI tax
In Spain, the landlord is automatically responsible for paying any community or building fees, as well as the Impuesto Sobre Bienes Inmuebles, better known as IBI tax. The IBI is due once per year and is a type of council tax, which paid to your local town hall. If however, you agree with your tenant in advance that they will pay these and add them into the contract, then you are able to pass the responsibility on to them. 

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LIFE IN SPAIN

EXPLAINED: How to buy a boat in Spain

Considering buying a boat to enjoy life to the fullest in Spain? Here's a breakdown of costs, legal requirements, financing options and useful tips to factor in before purchasing a bowrider, a day sailer, a yacht or any other 'barco'.

EXPLAINED: How to buy a boat in Spain

Spain has around 8,000km of coastline, and access to the Mediterranean, Atlantic, and Bay of Biscay. For boat enthusiasts, you’re spoilt for choice in Spain.

But it’s not just as simple as picking out a boat, buying it and setting off into the ocean.

There are several decisions you’ll need to make first, rules to follow, administrative hoops to jump through, and then maintenance costs on top of that.

Types of boats

The first thing you’ll need to consider is the type of boat you want to buy.

Generally they can be split into two broad categories: motor boats and sailing boats.

Motor boats are the most popular type of boat sold and offer the greatest variety of options because they include pretty much everything from smaller more affordable power boats to huge luxury yachts.

As such, you could get a smaller motor boat, say for day trips of fishing on the coast, for as little as €10,000, whereas yachts, as you can imagine, can cost millions, depending on the size, power, design and quality of the boat.

According to several Spanish maritime sources, buying a used boat that you can live on in Spain can cost anywhere between €13,000 and €150,000.

Spanish website topbarcos.com has hundreds of boats listed for you to get an idea of what’s available in the second-hand market, as well as a page for new vessels.

Sailing boats are the more environmentally friendly option and require the most skill to sail, and include light sailboats, catamarans and trimarans. Again, prices vary from €5,000 to over a million, depending on the size, type of sail, material and quality of the boat.

Once you’ve decided on the type of boat you want and found one you’d like to buy, you’ll need to consider any potential legal requirements.

A woman sits next to a yacht in Puerto Banús luxury marina in Marbella. (Photo by JORGE GUERRERO / AFP)

What are the legal requirements when buying a boat in Spain?

  • The correct nautical qualifications for the type and size of the boat you want to buy. There are different types of nautical licences to sail different boats in Spain, such as the PNB (Basic Navigation Skipper), the PER (Recreational Boats Skipper), the PY (Yacht Skipper) or the CY (Yacht Captain). Each has specific limitations in terms of length, power, distance from the coast and the type of sailing you can do.
  • Compulsory civil liability insurance that covers possible damages that you may cause to third parties with your boat.
  • Have all the necessary documentation for the boat, such as the certificate of seaworthiness and (essentially an MOT for the boat, showing that it’s in working order) and the navigation permit.
  • You’ll also need to pay the corresponding taxes on the boat purchase, such as VAT (21 percent), the special tax on certain means of transport (12 percent) or the transfer tax (4 or 6 percent, depending on the region).

READ ALSO: How do I get my boat licence in Spain

What other factors should you keep in mind before buying?

Think about what type of navigation you want to do, how often, with how many people and what your budget is. 

Don’t go with the first boat you see. Search and compare different models, brands, prices, conditions etc and don’t forget to keep an eye out for scams.

It’s a no-brainer but try the boat before you buy it, don’t just rely on photos or descriptions. Request a test ride to check the condition and navigational operation of the boat. 

If you do not have much experience or knowledge of nautical matters, it’s advisable to hire a professional to accompany you throughout the purchasing process. It could help you avoid possible legal, technical or administrative problems that arise.

They will also assist you with checking the condition of the boat’s interior: the carpentry, the engine, the electrical installation, the tanks, bilge, kitchen, bathroom and other compartments.

Here is a list of dozens of Spain-based brokers (as they’re called) or nautical companies that can assist you. 

Crucially, they will also be able to give you an informed assessment of what price you should be paying for the boat you’ve chosen. 

How can you pay for a boat?

Unless you have enough disposable income to pay for it cash, you probably want to know what kind of financing is available to you. 

There is the nautical mortgage (hipoteca náutica), which mimics the system for property mortgages, including the need for a down payment and embargo conditions in non-payment situations. 

Nautical credits (Créditos náuticos) also exist, which again are not too different from regular loans, including fewer notary costs than nautical mortgages and fixed interest rates. 

And lastly, nautical leasing is also an option, which is when a company acquires a boat and rents it to a customer for a certain period of time (normally between 4 and 15 years) and usually with an option to buy at the end of the contract.

Don’t forget the upcoming maintenance costs

If you manage all that and buy the boat, you’ll need to maintain the boat and pay costs to do so. These include:

The mooring: ie. the place where the boat is left when it is not in use. The price of mooring depends on the size of the boat and the location of the port. It can range from around €100 per month to several thousand.

However, be warned, in Spain these aren’t easy to come by. The Association of Industries, Commerce and Nautical Services (ADIN), estimates that Spain has only 107,894 moorings for 229,000 boats.

You’ll also need to pay for periodical technical checks that must be carried out on the boat from time to time to check its condition and operation. Again, the price depends on the type and size of the boat and the services contracted. It can vary from around €200 euros to several thousand.

Regularly cleaning the boat to avoid dirt, rust, algae, and parasites damaging the boat can also be quite costly. It can vary from as little as €50 for smaller boats to several hundred for bigger ones, and most experts recommend it should be done every 4-6 weeks.

READ ALSO: How to live on a boat in Spanish waters

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