The Decreto 218/2005 Law has caused no end of confusion and consternation for all concerned. English-language information has been slow to emerge but, thanks to the efforts of our researchers, our collaborators and you guys – our readers - we now have a wealth of accurate information right here. However, it doesn’t end there – Comply218 is pleased to announce that one of the foremost experts on the law is now working alongside us too.
As active posters will have already noticed, Comply218 can now answer your questions quickly, directly and accurately, thanks to the dedication and expertise of Miguel Lameiro, a specialist in real estate consumer law in Andalucia. Miguel, from Mundo MLS.com (an independent collaborator) has been working closely with the new law for some time now and has kindly agreed to field any questions you may have concerning the new regulations. So, keep posting and feel free to ask Miguel anything you like; he will do his best to answer your concerns as quickly and accurately as possible.
We use Infocasa and share with a number of agents. Some of the agents properties are shown on our website; I have taken these off now. Can you confirm if we can advertise shared properties without directly listing them or have a DIA.
Also can you confirm if you need both the DIA and New build information sheet for off plan properties sold overseas; ie Dubai and Morocco.
Many thanks
April 7th, 2008 at 10:03 amNick
Many thanks for the translation of the Decree.
From reading it, it appears that the DIA for a rental (annex VI) is a 5 page document.
Do you have this particular DIA form?
Thanks for your help.
April 7th, 2008 at 5:30 pmLinda
QUESTION
nick alderton Says:
We use Infocasa and share with a number of agents. Some of the agents properties are shown on our website; I have taken these off now. Can you confirm if we can advertise shared properties without directly listing them or have a DIA.
Also can you confirm if you need both the DIA and New build information sheet for off plan properties sold overseas; ie Dubai and Morocco.
Many thanks
Nick
—
ANSWER
Dear Nick,
As an intermediary (real estate agent) who is a professional charging for services, it is required to have all relevant information and documentation, whether the home is listed directly by you or by another collaborating agency. The legal requirements of Decreto 218/2005, Andalucía, does not differentiate between any of the possible number of “links” in the chain of professional involved in offering the home to the public and to clients. All intermediary real estate professionals and agencies are responsible for the required information and documentation.
Regards,
April 7th, 2008 at 10:33 pmMiguel Lameiro
I can’t seem to find what documentation is required if my client owns land, with permission to build (obviously I would need a copy of that). There is a skeleton building on the land which I believe he bought like that, but would need to be torn down by whoever wanted to build on the land. Can you please let me know what is required. Many thanks
April 9th, 2008 at 12:48 pmQUESTION:
nick alderton Says:
Also can you confirm if you need both the DIA and New build information sheet for off plan properties sold overseas; ie Dubai and Morocco.
—
ANSWER:
Hi Nick,
Excellent questions, some of them easier to answer than others.
First, the Junta de Andalucía does not have inspection authority in another Autonomous Region or country. Nor is the legislation of Andalucía directly applicable in another Autonomous Region or country. These are the quick answers. The easiest way to visualize the application of the law is to take into consideration the three main elements of any property transaction (sale or rental): 1. the property; 2. the professional real estate intermediary; and 3. the consumer-client. When all three elements are in Andalucía, it becomes clearly evident that Andalucía’s consumer protection legislation, such as Decreto 218/2005, is directly applicable. Also, in the case of property and professional in Andalucía, but a consumer-client who permanently resides elsewhere (such as the UK or any other country or location), then the legislation for consumer protection is also applicable and enforceable.
You present interesting elements that are quite frequently seen in consumer-protection and international commerce, particularly with a globalized economy and easy-to-use marketing tools, such as the Internet.
To keep things simple, for now, the rule of thumb is that if the property is located in Andalucía, then the consumer-protection legislation of the Junta de Andalucía is applicable. We need to keep in mind that, sooner or later, a consumer-client will be entering Andalucía in order to sign for a property (either directly or with a legal representative). Please note that the strength of Decreto 218/2005 lies precisely in the documentation and information that must be given to a client, AS WELL AS in the protocol requirements. Be it for sale or rental properties, there are specific submission requirements of required documentation. In summary,
NEW DEVELOPMENTS:
-Documento Informativo Abreviado (DIA) must be submitted at the INSTANT that a consumer-client requests ANY information (without have to request the DIA)
-Nota Explicativa must be available if requested by the consumer-client
-all relevant documentation, including the DIA must, at the latest, be given to the consumer-client, at least 3 working-days prior to signing a purchase contract; the signing date must be postposed in order to comply with the minimum 3 working-days stipulated
-all supporting documentation must be available as stipulated by Decreto 218/2005 (eg. any IBI receipts, etc. etc.)
RESALE HOMES:
-Ficha Informativa must be given to the consumer-client when she/he visits a resale home thanks to the professional services of a real estate intermediary
-Nota Explicativa must be available if requested by the consumer-client
-all supporting documentation must be available as stipulated by Decreto 218/2005 (eg. any IBI receipts, etc. etc.)
RENTAL HOMES:
-DIA for rentals must be availalble if requestetd by the consumer-client, and a copy must be submitted, at the latest, on the day that the consumer-client signs the rental contract
-all supporting documentation must be available as stipulated by Decreto 218/2005
Kind regards,
Miguel Lameiro
Director
MundoMLS.com
PS For all other possible scenarios, such as considering other countries, there are a number of European Union directives and legal consideration in international contract law that would need to be considered in any number of complicated scenarios. For now, let’s keep things simple.
April 9th, 2008 at 3:02 pmHi Miguel,
How does it work with large franchise organizations that have a central website where properties for all areas are advertised but each office only has access to information and paperwork for their exclusive area?
As a franchised office you are only allowed to operate in the area where you have exclusivity so if a client suddenly decides he wants to look at other areas, you would normally just put them in touch with the agency in the area he wants to look at and they will do the rest. Wouldn’t it be better if it was responsibility of the listing agent to provide potential clients with the DIA?
My second question is…what about property portals? There are also lots of properties advertised on portals, some of them by agencies, some by owners, and others by individuals that have no registered companies, no offices, pay no taxes most of the times and work from home? What guarantees are they giving to consumers?
I’m absolutely for making the real estate profession a better one and I firmily believe that listings should be done properly (by examining all the relevant paperwork, etc)and that intermidiaries should provide good and reliable service to customers…but I just want to understand why the government hasn’t contemplated all possible scenarios. Is there a chance they will assess the practicalities of the law at some point?
Regards
April 9th, 2008 at 3:47 pmLorena
QUESTION:
Lorena Says:
Hi Miguel,
I’m absolutely for making the real estate profession a better one and I firmily believe that listings should be done properly (by examining all the relevant paperwork, etc)and that intermidiaries should provide good and reliable service to customers…but I just want to understand why the government hasn’t contemplated all possible scenarios. Is there a chance they will assess the practicalities of the law at some point?
Regards
Lorena
—
ANSWER:
Hi Lorena,
I’ll respond to your entry in separate sections.
On the point you raise here, please be sure to have a look at the requirements of “Real Decreto 515/1989, de 21 de abril, sobre protección de los consumidores en cuanto a la información a suministrar en la compraventa y arrendamiento de viviendas.” This is a national Real Decreto, applicable in ALL OF SPAIN to ALL real estate professionals, since 1989. The information and protocol requirements are not as strict as those specified by Decreto 218/2005, Andalucía, but the information is still required to be “available to consumer-clients” and submitted if requested by a consumer-client.
As a note of interest, Decreto 218/2005, Andalucía, is an extension of Real Decreto 515/1989, Spain, adding the more specific requirements that have made Decreto 218/2005, Andalucía, much stricter and placing much more responsibility on real estate professionals. One of the main differences is the protocol requirements placed on professionals as per Decreto 218/2005, Andalucía, where they must **automatically** inform consumer-clients and submit all information and documentation to them. By comparison, Real Decreto 515/1989, Spain, does not require **automatic** information and submission, but rather **availability** of the information and documentation.
Two additional differences between both pieces of legislation are found in (1) the level of detail of information and documentation that must be supplied (Decreto 218/2005 is more detailed), and (2) the fines applied are also different (although both pieces of legislation still carry heavy fines for infractions). You can visit our website (MundoMLS.com) for details of the approximately 23.000 euros fines applied to a property developer who did not comply with Real Decreto 515/1989, Spain (please visit the downloads section). For details on the amounts of fines applied for infractions, please consult the Real Decreto Legislativo 1/2007, de 16 de noviembre, **applicable in all of Spain**, and the Ley 13/2003, de 17 de diciembre, applicable specifically in Andalucía (also available in our download section).
Lastly, it is precisely the failure to find strict protocol compliance in the national legislation of Real Decreto 515/1989, Spain, that Decreto 218/2005, Andalucía, has sought to strengthen the protection of consumers with precise submission requirements of information and documentation. The number of complaints on failure to inform consumer-clients on the necessary information for the biggest economic purchase in their lifetime has also to justified to the Junta de Andalucía on the need for greater transparency and protection for everyone. Hence, the considerably strong protocol requirements now placed on real estate professionals.
The real dilemma is the capacity of a real estate profession to collect and manage the legally-required information. However, if a standardised format of documentation and workflow is established in the sector (which of course is a real issue to overcome, particularly given the initial inertia in trying to get things done from scratch), then it will simply become a matter of day-to-day management. Evidently, we are facing a dramatic overhaul in the legal requirements of the sector, where complacency and minimum-requirement deregulation made it easy to sell property in Andalucía (indeed, in Spain), and has, perhaps, led to sufficient complaints to require stricter legislation. Also, some legal experts would say that the original consumer protection law (Ley 13/2003, Andalucía) also foresaw the need for stricter protocol and information-documentation requirements as far back as five years ago, without leaving out the original real-estate consumer-protection legislation for all of Spain, from almost twenty years ago (Real Decreto 515/1989, Spain).
Hope this helps understand Decreto 218/2005, Andalucía. And a reminder that it has expanded on an existing piece of national legislation, Real Decreto 515/1989, Spain.
Regards,
April 9th, 2008 at 10:00 pmMiguel Lameiro
QUESTION:
Lorena Says:
Hi Miguel,
My second question is…what about property portals? There are also lots of properties advertised on portals, some of them by agencies, some by owners, and others by individuals that have no registered companies, no offices, pay no taxes most of the times and work from home? What guarantees are they giving to consumers?
—
ANSWER:
On your second question, please refer to additional notes posted in this forum on property portals. However, as a means of expanding on this important question, if a property portal functions 100% as an advertising medium, without coming in contact with the buying client, then it is NOT subject to Decreto 218/2005, Andalucía.
Decreto 218/2005 applies solely to professional intermediaries who are **in contact with buyer or rental clients**. If a property portal does not come directly into contact with buyer or rental clients, then it does not need to comply with Decreto 218/2005. Please note, that *private owners* who offer their homes for sale or rental are also not subject to the Decreto.
Please note also, that all professional intermediaries advertising on a property portal (or, by the same criteria, a newspaper, magazine, or other advertising medium), must keep in mind Article 5 of the Decreto (which stipulates advertising requirements). There are information requirements for professionals who advertise their properties. Any property offered to clients and to the public must have all relevant documentation and information, as indicated in Decreto 218/2005.
Regards and hope this helps,
April 9th, 2008 at 10:05 pmMiguel Lameiro
QUESTION:
Lorena Says:
Hi Miguel,
How does it work with large franchise organizations that have a central website where properties for all areas are advertised but each office only has access to information and paperwork for their exclusive area?
As a franchised office you are only allowed to operate in the area where you have exclusivity so if a client suddenly decides he wants to look at other areas, you would normally just put them in touch with the agency in the area he wants to look at and they will do the rest. Wouldn’t it be better if it was responsibility of the listing agent to provide potential clients with the DIA?
—
ANSWER:
On this point, I would make reference to the answer posted earlier on the issue of responsibilities for real estate professionals who collaborate with other real estate professionals:
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As a reminder, the protocol requirements have also been posted earlier:
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Regards,
April 9th, 2008 at 10:11 pmMiguel Lameiro
QUESTION:
Lorena Says:
Hi Miguel,
How does it work with large franchise organizations that have a central website where properties for all areas are advertised but each office only has access to information and paperwork for their exclusive area?
As a franchised office you are only allowed to operate in the area where you have exclusivity so if a client suddenly decides he wants to look at other areas, you would normally just put them in touch with the agency in the area he wants to look at and they will do the rest. Wouldn’t it be better if it was responsibility of the listing agent to provide potential clients with the DIA?
—
ANSWER:
On this point, I would make reference to the answer posted earlier on the issue of responsibilities for real estate professionals who collaborate with other real estate professionals:
As an intermediary (real estate agent) who is a professional charging for services, it is required to have all relevant information and documentation, whether the home is listed directly by you or by another collaborating agency. The legal requirements of Decreto 218/2005, Andalucía, does not differentiate between any of the possible number of “links” in the chain of professional involved in offering the home to the public and to clients. All intermediary real estate professionals and agencies are responsible for the required information and documentation.
As a reminder, the protocol requirements have also been posted earlier:
An agency is required to have ALL required information and documentation as per Decreto 218/2005, whether the property is listed directly by the agency or in collaboration with another agency or developer.
In summary:
-for new developements: be sure to have all required documents and information available AT ALL TIMES (the developer can help by updating all required information, but you are ultimately responsible to ensure that compliance is observed).
-for resales: be sure that, upon a client’s VISIT to the home for sale, that you have all required documents and information available (normally, if you collaborate with another agency, they can easily help comply by bringing the documentation…but you are ultimately responsible to ensure that compliance is observed).
-for rentals: be sure that, upon SIGNING a rental contract, that all required documents and information are available (if it with the help of a collaborating agency, they can help by bringing the required documentation….but you are ultimately responsible to ensure that compliance is observed). And, if a client requests the DIA for rentals at any moment, then it must also be submitted at that time.
Regards,
April 9th, 2008 at 10:11 pmMiguel Lameiro
QUESTION:
Andrea Says:
I can’t seem to find what documentation is required if my client owns land, with permission to build (obviously I would need a copy of that). There is a skeleton building on the land which I believe he bought like that, but would need to be torn down by whoever wanted to build on the land. Can you please let me know what is required. Many thanks
—
ANSWER:
Hi Andrea,
You present an interesting issue here. Technically, the skeleton with the objective of being a home would required the DIA for homes under construction. I am not sure why you indicate that the structure needs to be torn down. From what you say, the plot has a valid project and building license.
As a note of interest, had there not been a project or building license, or anything built, then it would not be subject to Decreto 218/2005, Andalucia. The Decreto is applicable only to the sale of **homes** or **residences**(in Spanish “viviendas”), whether they are pre-built (in project phase), building phase, or completed-built phase.
Regards,
April 10th, 2008 at 1:51 amMiguel Lameiro
As a follow-up to your question, Andrea, please indicate the nature of the offer of your client: is she/he selling the plot “as is”, or is he selling a project, or a home to-be-built. From what you say, I gather it may be the first of these? Is the pricing for the sale tied to the existing value of the land exclusively, or also with the project and structure, or also with the possible completed home? These questions may help determine the applicability of Decreto 218/2005, Andalucía.
Regards,
April 10th, 2008 at 2:02 amMiguel Lameiro
Andrea, I’ve re-read your entry trying to decipher what you’re saying. Please explain exactly what you mean by a “skeleton building”. Is this a completed structure? Is this a home in ruins (i.e. people have already lived there before)? My first read gave me the impression that there is a structure where no one has lived before. However, if it is a ruin where people have lived before, and it has technically already served as a home, then this is important. Is this perhaps why you mention the need for tearing down the “skeleton building”? Is the building license, then, for building a home from scratch, where there has never been a home on the land before? Or is the building license for permission to tear down a ruin home and then build a completely new home in its place. Important considerations. Language needs to be precise
Regards,
April 10th, 2008 at 2:08 amMiguel Lameiro
[…] Questions & Answers… […]
April 14th, 2008 at 4:19 pmTwo very basic questions - and apologies if the answers are somewhere I should have seen !
1) We have to complete the spanish version of the DIA - but do we complete this in English, Spanish ..or both !? …as clearly the the potential buyer could be english speaking or spanish speaking, or French, or Russian, or ..
2) Where we operate (in an inland area) more often than not there may be an escritura, but the information on the escritura may not match what actually exists and/or what is held by the catastro or land registry. Does the information on all the documents have to match ( e.g. square metres of the house)?..or as long as we hold the relevant documents is it then for the buyer’s solicitor to identify the discrepancies and advise what he/she requires to be done before their client will proceed with a contract to buy or complete on the sale e.g. an obra nueva process to correct the built area of the house.
April 14th, 2008 at 6:09 pmQUESTION:
Alan Says:
Two very basic questions - and apologies if the answers are somewhere I should have seen !
1) We have to complete the spanish version of the DIA - but do we complete this in English, Spanish ..or both !? …as clearly the the potential buyer could be english speaking or spanish speaking, or French, or Russian, or ..
2) Where we operate (in an inland area) more often than not there may be an escritura, but the information on the escritura may not match what actually exists and/or what is held by the catastro or land registry. Does the information on all the documents have to match ( e.g. square metres of the house)?..or as long as we hold the relevant documents is it then for the buyer’s solicitor to identify the discrepancies and advise what he/she requires to be done before their client will proceed with a contract to buy or complete on the sale e.g. an obra nueva process to correct the built area of the house.
—
ANSWER:
Hi Alan,
Excellent questions, with some innovative elements introduced in your second point.
1. on this first point, Spanish is the minimum requirement for publicly available information for compliance with consumer-protection legislation. It is upheld by inspectors on the basis of making sure that all materials are easily read and do not lead to confusion. You are free to provide legally-required documentation in any other language, but it is not required (evidently, it may help an agency to provide information in other languages as a complimentary set of documents, *in addition* to the Spanish version).
2. A fascinating and all-too-common dilemma: finding that documentation for a property is not always correct or up-to-date. This can be a very technical legal issue, but I’ll keep to the most basic elements here. First, please note that whatever is registered at the Registro de la Propiedad is taken to be fact and fully correct. It would require a court of law to rectify any claim that is contrary to an entry with the Registro de la Propiedad.
As an example, of this last point, if a vendor, Mr. V., sells a property to a buyer, Ms. A., and this is not registered at the Registro de la Propiedad, and Mr. V. sells the same property again to another buyer, Ms. B., and this second transaction is, indeed, registered in good faith by Ms. B. with the Registro de la Propiedad, then it shall be considered correct. The principle is quite simple: “whatever is *not* registered shall not serve to jeopardise or oppose what *is* registered. In order to protect her rights, Ms. A is going to have to undertake a legal course of action. However, Ms. B. is protected by what is registered with the Registro de la Propiedad. This is a brief example outlining the possible complications when documentation on a contract or escritura does not concur with the information held by the Registro de la Propiedad.
Consequently, it is strongly recommended to rectify all inconsistencies and undertake the full and correct registry of properties with the corresponding offices, such as the Registro de la Propiedad. Indeed, this is a direct manner by which professionals can help and advise consumers in protecting their rights (think of poor buyer Ms. A. in the example above).
If rectification of the discrepancies between documents is not sought, then so long as Decreto 218/2005 is observed by a professional intermediary, with full disclosure of a Nota Simple not older than 3 months, and all pertinent documentation, then, as you say, it will be up to the buyer to discern if he or she wishes to proceed with the purchase. Again, all documentation must comply fully with Decreto 218/2005 to ensure that the real estate agency has complied with its profesional obligations. If an agency is also advising a buyer (regardless of the presence of a buyer’s solicitor), it is also a gesture of good faith to help with questions in the interpretation of the supplied information, and avoid future problems for the buyer by suggesting **not** to purchase of properties with incongruent documentation (whether resale or new build).
On the topic of surface areas for new builds, Decreto 218/2005 requires that for the DIA, they be expressed as defined by the Decreto (careful observation on metros útiles and metros construidos). This is an important point where uniformity is sought for proper comparison between properties. As for resales, the Ficha Informativa only requires that the square metres indicated concur what is indicated in the Nota Simple issued within the last 3 months.
These are the simpler approaches to your questions, Alan. Hope they help.
Regards,
April 15th, 2008 at 2:46 pmMiguel Lameiro
Director
http://www.MundoMLS.com
Feedback…
Just wanted to extend an invitation to everyone to post a brief comment with feedback on the entries and responses. If you’d like to accompany your brief sentence with a general rating, between 1(needs a lot of improvement) to 5(really helpful), that’s okay too.
Thanks in advance!
April 16th, 2008 at 12:53 amMiguel Lameiro
Hi Miguel
We are a small independent promoter of individual houses of between 120 and 150 m2. Are we required to have a libro de edificio for each house?
Thanks
Richard Jones
April 17th, 2008 at 10:16 amQUESTION
Richard Jones Says:
Hi Miguel
We are a small independent promoter of individual houses of between 120 and 150 m2. Are we required to have a libro de edificio for each house?
Thanks
Richard Jones
—
ANSWER
Hi Richard,
First please note that the DIA for new builds is different for homes (1) not yet started (but with a project) or those under construction, which require a DIA as per the model of Anexo II of Decreto 218/2005, and all relevant documentation, and (2) already completed-built, which required a DIA as per the model of Anexo III of Decreto 218/2005.
With regards to your question, if your homes are case (1), under construction, then the Libro de Edificio is not required. On the other hand, once a home is built-completed, case (2) above, then the DIA must indicate that the Libro de Edificio is available for consultation by the client-consumer, upon request. The specific content and documentation of the Libro de Edificio is indicated in the Ley de la Ordenación de la Edificación (LOE), Ley 38/1999, de 5 de noviembre. On this requirement of the Libro de Edificio, Decreto 218/2005 does not differentiate between apartment units or individual homes, as in the case you present.
Regards,
April 17th, 2008 at 3:31 pmMiguel Lameiro
My company is currently in the process of obtaining the information we need to produce the required DIAs for both the long term rental properties and properties for sale we offer.
What is unclear under Decree 218 is whether or not we can still display those properties on our website and in our office windows, but explain to anyone who wishes to view them that we are unable to do so temporarily until the DIA documents are ready?
Or, is it a case of removing all properties that don´t have an accompanying DIA completly from public display until they have the corresponding DIA?
Thanks in advance for your answer,
April 28th, 2008 at 3:36 pmPaul.
QUESTION
Paul Cufflin Says:
My company is currently in the process of obtaining the information we need to produce the required DIAs for both the long term rental properties and properties for sale we offer.
What is unclear under Decree 218 is whether or not we can still display those properties on our website and in our office windows, but explain to anyone who wishes to view them that we are unable to do so temporarily until the DIA documents are ready?
Or, is it a case of removing all properties that don´t have an accompanying DIA completly from public display until they have the corresponding DIA?
Thanks in advance for your answer,
Paul.
—
ANSWER
Hi Paul,
It is strongly recommended to remove all properties from all advertising media, including your office windows until full compliance is observed. You should not offer any home for sale or rental unless you have 100% documentation and required DIA, Ficha Informativa and Nota Explicativa available. Inspectors are known to target the publicly available properties when checking for compliance.
Kind regards,
April 30th, 2008 at 12:23 amMiguel Lameiro
Dear Miguel,
Could you tell me what the requirements are for estate agency window card displays? Do we have to show the IBI and community fees, for example? Is there a ruling on mandatory information for window cards on resale property?
Best regards,
Sue
May 7th, 2008 at 2:29 pmQUESTION
Sue Richards Says:
Dear Miguel,
Could you tell me what the requirements are for estate agency window card displays? Do we have to show the IBI and community fees, for example? Is there a ruling on mandatory information for window cards on resale property?
Best regards,
Sue
—
ANSWER
Hi Sue,
An excellent question. Indeed, depending on the nature of the home on offer (sale or rent, for example), then the requirements for all publicity and advertising are reflected in Article 5 of Decreto 218/2005, Andalucía. If the Spanish version of the Decreto is not an option for you, then I would recommend reviewing the English translation kindly provided by the admin team of Comply218.com (the translation is available in the download section). You can then view the requirements for advertising homes (there are a number of items listed, making it more convenient to refer directly to the legislation….and many of the requirements are conditional, meaning that, for example, if you include the pricing of sale, then you must also indicate all the costs related to the purchase, including professional commissions). Please review Article 5 carefully for the details in offering homes for sale and rental (I think it has been translated as “Section 5″ in the Comply218.com English translation).
Kind regards,
May 9th, 2008 at 2:23 amMiguel Lameiro
Dear Miguel,
May 16th, 2008 at 8:17 amactually there are three things not clear to us:
1.is it still possible to sell unregistered properties, even if they have a deed. We normally dont take unregistered properties on, but eventually we get some offered. What paperwork would we have to fill in then?
2. Plots of land with no construction, is this a “normal” resale, or are different papers required?
3.What papers are required if a seller has only signed a private contract with the promoter , but now wants to sell his contract on?
Thank you for you help
Karin
QUESTION:
karin Says:
Dear Miguel,
actually there are three things not clear to us:
1.is it still possible to sell unregistered properties, even if they have a deed. We normally dont take unregistered properties on, but eventually we get some offered. What paperwork would we have to fill in then?
2. Plots of land with no construction, is this a “normal” resale, or are different papers required?
3.What papers are required if a seller has only signed a private contract with the promoter , but now wants to sell his contract on?
Thank you for you help
Karin
—
ANSWER:
Dear Karin,
I’ll address your questions below.
1.is it still possible to sell unregistered properties, even if they have a deed. We normally dont take unregistered properties on, but eventually we get some offered. What paperwork would we have to fill in then?
It is not required to register purchases with the Registro de la Propiedad. However, once a sale transaction is completed, either the vendor or the buyer have the right to request the other party to register the transfer of title deed at the Registro de la Propiedad. You can certainly accept unregistered properties. These homes will still require the preparation of the Ficha Informativa (to be given only upon a client visit to the home for sale) and Nota Explicativa (simply available and submitted to the client on her/his request). A Nota Simple and IBI receipt are also required to support the details and information contained in the Ficha Informativa. As a last note, if there are discrepancies in the official documentation (Nota Simple vs. Escritura, for example), then I suggest trying to get everything in registered and “corrected” with the Registro de la Propiedad. At a minimum, in case of existing discrepancies, a buyer should ALWAYS insist on registering the new transfer of title deed with the Registro de la Propiedad and thus protect title deed claims against third parties.
—
2. Plots of land with no construction, is this a “normal” resale, or are different papers required?
Decreto 218/2005 is applicable ONLY to homes (that is, places where people live: apartments, villas, etc., etc.) and any elements associated with their sale or rental (such as parking spaces, storage areas, etc., etc.). If sold on its own, an element such as a parking space or storage area, etc., does NOT require Decreto 218/2005 compliance. Other properties, such as plots without a project or home, storefronts, restaurants, offices, commercial spaces, etc., do NOT require Decreto 218/2005 either.
—
3.What papers are required if a seller has only signed a private contract with the promoter, but now wants to sell his contract on?
Technically speaking, this tradition of “flipping” a property (selling the contract to another buyer before receiving title deed of a new development property) is not allowed. The correct procedure is for the original buyer to receive the property, register ownership, pay all corresponding taxes, and THEN sell the property to a new buyer (always registering the sale and paying corresponding taxes, etc., such as capital gains tax). I know this is not what we tend to see in the “real world,” but this is how it should technically and legally take place. One of the main reasons lies in the payment of taxes in the transactions of sale and purchase. A specialist in tax law would perhaps have more to comment on the rationale. As for this type of operation and Decreto 218/2005, it is not contemplated either (given that it is technically not allowed). The Decreto stipulates the documentation required in TRANSFERS of title deed (”transmisiones”), and a “flipping” operation is not a transfer of title deed. The closest I could come to commenting on this would be to ensure that the Document Informativo Abreviado (and supporting documentation) for the home in question is always given by you, as an intermediary agent.
Hope this helps.
May 16th, 2008 at 6:01 pmKind regards,
Miguel Lameiro
Director
http://www.mundomls.com
SEMINAR FOR REAL ESTATE AGENCIES Decreto 218/2005
JUNE 19th, 2008, at 9:30am. Calamijas Hotel****
Dear all,
It’s great to participate and help with questions on Decreto 218/2005 here at Comply218.com.
I wanted to take this opportunity to let you know about a new seminar we are organising for real estate agencies and professionals, on Decreto 218/2005.
As a summary of the seminar, there are three main areas covered:
1. Overview of the full requirements in selling and renting homes in Andalucía
2.How the inspection and fines process works:
-understanding the various categories: minor infractions up to 5.000 euros, serious infractions up to 30.000 euros and very serious infractions up to 400.000 euros
3.How to prepare the perfect documentation
-Ficha Informativa and Nota Explicativa, required for real estate agencies and professionals
The seminar is on June 19th, 2008.
The English session is at 9.30am, and a Spanish session is at 12.30pm, in the spectacular new facilities of Calamijas Hotel****
(You can see a photo of the facilities on our website http://www.mundomls.com)
We’ve priced the seminar at a very inexpensive 25€/person + iva.
We want to allow everyone to attend, helping minimise fines and maximise the confidence in the real estate sector.
Be sure to purchase your tickets early, there is limited seating. And we always appreciate your help in spreading the word and letting other professionals and friends know about the seminar.
We have worked hard to ensure it is interesting, informative and relevant to your day-to-day responsibilities.
Tickets can be purchased online at our website, and a full brochure with complete details can also be downloaded:
http://www.mundomls.com
Thanks again and kind regards,
Miguel
–
May 16th, 2008 at 6:19 pmMiguel Lameiro
Director
[…] Questions & Answers… […]
May 19th, 2008 at 5:03 pmHi
The website says that the Spanish DIA form must be used. Can this be completed in English or does it have to be done in Spanish?
Regards
May 19th, 2008 at 5:05 pmQUESTION:
Hi
The website says that the Spanish DIA form must be used. Can this be completed in English or does it have to be done in Spanish?
Regards
Jane Rossi
Hudson International Properties SL
—
ANSWER:
Dear Jane,
All documentation must be completed in available in Spanish, at a minimum. Other languages can also be used, but always **in addition** to the availability of a Spanish copy. Hence, you may have several versions of a DIA, for example, one in Spanish and one for each additional language you offer.
Regards,
May 19th, 2008 at 10:18 pmMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucía
Director and Founder
http://www.MundoMLS.com
1) We have been here for 7 years and never sold to a Spaniard as we only target the UK & Ireland
2) English clients are not happy with Spanish forms
3) Where can we obtain a DIA form in Spanish ?
Many thanks
Chris
May 20th, 2008 at 1:22 pmIn addition we are in a predominantly English area and lots of agents do not speak Spanish ??
May 20th, 2008 at 1:29 pmHello Miguel,
I have been told that the Inmolink software system now has all the requirements of the decree 218/2005 built in to it. Is this true? Do you know of any other systems that offer this facility?
Thanks,
May 21st, 2008 at 3:34 pmJohn.
Hi Miguel,
Can you advise how Derecto 218 affects businesses specialising in holiday rentals for short periods, normally only for a week or two and occasionally for up to 2/3 months in winter. All prices are quoted as weeekly rates including all bills and costs (laundry/cleaning/maintenance etc.) and to be honest I can’t see how any of the information in the DIA is relevant to the consumer in this case, unlike the case of long term rentals under a lease where the IBI, community fees, basura, etc. need to be identified.
Thanks in advance,
May 21st, 2008 at 6:52 pmRobert.
QUESTIONS:
chris Says:
1) We have been here for 7 years and never sold to a Spaniard as we only target the UK & Ireland
2) English clients are not happy with Spanish forms
3) Where can we obtain a DIA form in Spanish ?
Many thanks
Chris
May 20th, 2008 at 1:22 pm
31chris Says:
In addition we are in a predominantly English area and lots of agents do not speak Spanish ??
May 20th, 2008 at 1:29 pm
—
ANSWERS:
Hi Chris,
DIA example format is available directly in the “Anexo” sections of Decreto 218/2005. I currently have not seen any other examples that comply correctly with all the requirements for the DIA (Documento Informativo Abreviado). It has also been a challenge to find any examples with a correct format for the Ficha Informativa or the Nota Explicativa (not forgetting the required format and information for all advertising). Again, the Anexos have details for the documentation.
As for the language, Spanish is a legal requirement that has been enforced by consumer law inspectors.
Kind regards,
May 23rd, 2008 at 12:28 amMiguel Lameiro
QUESTION:
John Says:
Hello Miguel,
I have been told that the Inmolink software system now has all the requirements of the decree 218/2005 built in to it. Is this true? Do you know of any other systems that offer this facility?
Thanks,
John.
—
ANSWER:
Hi John,
I am not familiar with the Inmolink software. I would await an invitation to see if it is compliant!
As for other systems, our own team at MundoMLS.com is actually launching the only system, called LegalDocumentCheck, that is likely to be fully compliant in all legally-required aspects for real estate agencies selling resale homes (thus helping prepare perfect documentation for the Ficha Informativa and Nota Explicativa, as well as advertising requirements). You might be interested in reviewing our guarantee. Feel free to contact us for details, or attend our upcoming seminar on June 19th. I will be speaking at the Seminar.
Kind regards,
May 23rd, 2008 at 12:34 amMiguel Lameiro
QUESTION:
Robert Says:
Hi Miguel,
Can you advise how Derecto 218 affects businesses specialising in holiday rentals for short periods, normally only for a week or two and occasionally for up to 2/3 months in winter. All prices are quoted as weeekly rates including all bills and costs (laundry/cleaning/maintenance etc.) and to be honest I can’t see how any of the information in the DIA is relevant to the consumer in this case, unlike the case of long term rentals under a lease where the IBI, community fees, basura, etc. need to be identified.
Thanks in advance,
Robert.
—
ANSWER:
Hi Robert,
An excellent question. I’ve spoken about this same point to inspectors. They respond by indicating that the legislation does not differentiate on the length of time of the rental agreement (short vs. long-term). If a client requests the DIA for rentals, then it must be given immediately (and the client can sign receipt). If the client does not request the rental DIA, then it must be, at the latest, submitted to the client at the moment of signing the rental contract.
I hope this helps,
May 23rd, 2008 at 12:38 amMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
Dear all,
It’s been a while that I’ve had the pleasure to contribute to various online forums (just google my name, although there are other chaps also called Miguel Lameiro, including a cyclist, journalist, and musician), and I really enjoy helping clarify many apparent contradictory or confusing points regarding Decreto 218/2005 and related legislation.
To be sure, I’ve instilled a sense of social and civic responsibility to help real estate professionals comply with the law and, by extension, avoid the trials and tribulations with inspections and fines.
Part of getting the news out there has now included the possibility of participating with REM FM (www.rem.fm) on an upcoming radio show, June 4th, 12pm. I’m not sure how it’s going to turn out (a little bit of stage fright is good to stay alert), but I welcome any questions you all feel are the most important to help answer first.
Please feel free to submit questions in writing here (or any other forum where I’m active, including my independent company’s contact form at MundoMLS.com). As a point of interest, please note that we are fully independent, but enjoy collaborating with many other firms whom we feel are trying to be helpful. It is also imperative that we help clarify many of the misconceptions that tend to prove unhelpful. The key lies in taking something complicated and making it simple (words I’ve remember from the many many conversations I’ve had with many professionals who are tackling the Decreto with grit and determination….in this case, commented by Randal of Spanish Dream Estates).
So, if you’d like to contribute written questions, I’ll try to collate all the contributions and, if possible, quote you directly on the air. Unanswered questions can also be answered here on the June 19th Seminar. We continue to work hard to put together insightful and helpful information for you, and I also want to thank you and the Comply218.com team for your help and enthusiasm.
Be well and keep the questions coming!
Kind regards,
May 23rd, 2008 at 1:00 amMiguel Lameiro
Hi Miguel,
Many thanks for your quick reply.
Having studied the information in La Nota de la Consjeriá De Gobernación, etc.”, the only references to requirements for rentals refer to confirming iclusion of community costs in rent and in respect of leasing (arrendamiento), refering to renta mesualand fianza (un mes).
“Para los
inmuebles en alquiler, si se menciona la renta se deberán incluir los gastos de comunidad si los ha de
abonar del inquilino.”
“Por lo que respecta al arrendamiento, en el Documento Informativo Abreviado se identifica al arrendador
y al intermediario profesional, se informa sobre la superficie útil de la vivienda, se hace una descripción
de la misma y su mobiliario, así como del edificio en la que se encuentra. En el plano económico recoge
la renta mensual, de la comunidad si la hubiere, la fianza (un mes de renta), y la forma de pago.”
All or prices include for all costs, including community fees etc. and we state this on invoice, however we never issue a contract for rent or lease only an invoice for payment as we operate in same way as hotel and we do not ask the tourists to sign a rental contract or lease. In this case is it possible to assume that the requirement you menstion to issue DIA at time of signing of contrac, may not apply? The requirements for rental are referred to only as “arrendamiento” (leasing)and to “mesnsual” payments. Neither of these apply. The reason it concerns me is that if this decreto applies to our business we appear to be required to provide details of owners to all tourists renting for a week or so (some properties will have 20 to 30 seperate one week bookings). We have spent many thousands of Euros over 10 years developing a customer base who rent various properties for short holidays year after year, yet the requirements say we need to disclose the owners (our service/product supppliers)to our customers (tourists), who can then approach the owners directly in future, killing our repeat business. As they are not signing lease/rental contract can it be argued thatit doesn’t apply to us. Do we have some right to commercial confidenciality? How many businesses could survive for long if they are legally obliged to notify customers of their suppliers’ details? Sorry to clog up your web site however you seem to be amongst the best informed.
Regards,
May 24th, 2008 at 1:13 pmRobert
QUESTION:
All our prices include for all costs, including community fees etc. and we state this on invoice, however we never issue a contract for rent or lease only an invoice for payment as we operate in same way as hotel and we do not ask the tourists to sign a rental contract or lease. In this case is it possible to assume that the requirement you menstion to issue DIA at time of signing of contrac, may not apply? The requirements for rental are referred to only as “arrendamiento” (leasing)and to “mesnsual” payments. Neither of these apply. The reason it concerns me is that if this decreto applies to our business we appear to be required to provide details of owners to all tourists renting for a week or so (some properties will have 20 to 30 seperate one week bookings). We have spent many thousands of Euros over 10 years developing a customer base who rent various properties for short holidays year after year, yet the requirements say we need to disclose the owners (our service/product supppliers)to our customers (tourists), who can then approach the owners directly in future, killing our repeat business. As they are not signing lease/rental contract can it be argued thatit doesn’t apply to us. Do we have some right to commercial confidenciality? How many businesses could survive for long if they are legally obliged to notify customers of their suppliers’ details? Sorry to clog up your web site however you seem to be amongst the best informed.
Regards,
Robert
—
ANSWER:
Hi Robert,
First, thanks for the compliment on being perhaps amongst the best informed.
Our objective is, indeed, to be the very best we can be to help all professionals in the Andalucian real estate sector. We feel both an entrepreneurial and civic responsibility to provide innovative, practical help. (Coincidentally, at MundoMLS.com we are independent, and are not related to Comply218.com. We simply help answer questions on the forum hosted on this site. We are not lawyers, but specialised and focused exclusively on Decreto 218/2005 and all related legislation. Our official and independent site is http://www.MundoMLS.com. We appreciate Comply218.com’s collaborative efforts in communicating Decreto 218/2005’s requirements.)
With regards to your queries on the requirements for short-term rentals, the requirements for submitting a DIA still hold. I have considered carefully what you have mentioned on the possible similarities with hotel services, but the two activities are dramatically different and are not covered by the same legislation (they each have their own obligations in view of a client’s or consumer’s rights and responsibilities). If you wish to consult all relevant legislation for the hotel tourist sector, please visit the following site:
http://www.aedave.es/common/mt/compendio/hoteles.shtm
As for a possible strategy to help you safeguard your business model, the DIA requires that the owner of the home (person or registered company) be identified, along with address and registry details (applicable only for a company registered with the Registro Mercantil). If the address is legitimately indicated as the one belonging, for contact purposes, as the same of your business, then there is little risk in losing a client. However, the true identity of the owner (along with registration details of the company, if applicable) is always required.
Please note there is no distinction that I note in your attempt to differentiate between arrendamiento and alquier (as in english with leasing or rent). There is no difference implied in Decreto 218/2005.
I also strongly recommend that you indicate in your rental contract: 1. the exact period of use and rent of the home; 2. the purpose of the rental agreement; 3. the declaration by the client that the home is not to be designated as his or her temporary or permanent residence, and that is is used exclusively as a result of circumstantial use for vacation (or similar). Please note that these three points may help differentiate with regards to the application of Decreto 218/2005. Please consult with your solicitor (with reference to the LAU, and reflecting in your contract that the rental agreement is for other than the rental of a residential home). These are ideas that I strongly recommend you have your solicitor consult fully and independently before you either accept or reject them.
I hope this helps,
May 26th, 2008 at 1:30 pmMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
…as a continuation of my earlier entry:
Of particular interest in considering this last point, I invite consultation of article 2 and article 3.2 of the LAU, Ley de Arrendamientos Urbanos (national Spanish law, Ley 29/1994, de 24 de noviembre). In essence, the LAU indicates in these articles that the short-term period of a dwelling shall be different than that for the rental of a home (vivienda is the key word), if the residence (irrespective of the time period) of the client is not fixed in the rented dwelling. Thus, a contract indicating clearly and specifically that the rented dwelling is not considered either the temporary or permanent residence of the client, then it shall not have the consideration of her or his home (vivienda). And, of course, Decreto 218/2005 is only applicable in the event of sale or rental of homes (viviendas). In closing, by establishing this important notion in the rental contract for short rental periods (such as the summertime, for example), where the rental period does not reflect the establishment of residence of the rental client, and that the rental agreement and period are fully coincidental and circumstantial (ie. as relating to a vacation), then we exclude the consideration of the dwelling as a “home” (vivienda). And in doing so, we would also be considering the exclusion of the requirements in Decreto 218/2005 for this type of rental agreements. Again, my strong recommendation remains for consultation with your own solicitors, prior to accepting or rejecting these ideas and arguments.
Regards,
May 26th, 2008 at 2:06 pmMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
…final post on Robert’s excellent questions…
So, the question is one of interpreting whether a **home,** owned by Mr. and Mrs. Jones, as home owners, who offer their villa or apartment home for rent to tourists for very short periods of time (one or two weeks, for example) via an agency, “Does the rental agency need to comply with Decreto 218/2005 and provide a rental DIA if requested by the client, and, at the very latest, at
In the rental of a **home** to a client, the case then becomes one of determining the nature of the transaction and the legislation that applies. In this case, both the national Rental Law (LAU, Ley de Arrendamientos Urbanos, Ley 29/1984, de 24 de noviembre) and consumer protection laws (nationally Real Decreto 515/1989, and in Andalucía, Decreto 218/2005). If, using the LAU’s articles 2 and 3, one can arrange for a contractual agreement that indicates that the dwelling is not to be residence of the client, then the possibility exists that the LAU define the transaction as “non-home” use (”arrendamiento para uso distinto del de vivienda”, LAU article 3.2), and, by extension, exempt from the application of consumer protection law for the rental of homes (under Real Decreto 515/2989 or Decreto 218/2005, whose purpose is to regulate the sale and rental of homes…”viviendas”).
Decreto 218/2005 does not differentiate between the rental agreement period (whether short-term or long-term). It simply identifies that the rental of the dwelling classifies the rental as a home (vivienda). Unless these elements are made explicit in a rental agreement (indicating that a rental home is not to be the residence, and, by extension of the LAU, the “vivienda” of the client-consumer), then I would maintain that in Andalucía, Decreto 218/2005 is applicable, (as well as the nationally-applicable Real Decreto 515/1989), requiring the preparation and submission of the rental DIA for a rental client-consumer.
I look forward to further feedback and/or questions.
Regards,
May 26th, 2008 at 5:26 pmMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
Miguel,
Having looked now at the 218 directive and bounced it off a Financial Services solicitor in the UK it has been suggested that infact parts of this directive are illegal and also parts are in breach of the Data Protection act.
UK clients have already said that if their personal details, confidential details or financial information is handed out to ” anybody ” they will sue ! We have had clients here who have given us a brief and wanted to view 10 - 15 properties. You would have to put together a 218 pack for each ? Clients sometimes do not even get out of the car !! They do not like the area or the property !!
It has been suggested by the UK that this 218 information should only be handed out to the parties solicitors once an ” interest ” has been shown on a particular property and no to anybody particularly any internet leads. Once criminals get a hold of this 218 they will be applying for persons details and gleaning as much information as possible with no interest what so ever in purchasing a property just conducting fraud.
My wife is also a FSA compliance officer, the PIA / FSA have spent 22 years perfecting compliance and this directive in their opinion will be challenged very very quickly, more by clients then agents.
Regards
Chris
May 28th, 2008 at 8:14 amOne more point - There are lots of ” British - English ” papers ie The Post, Euro Weekly, CB News The Mail ( printed here in Spain ) ect, this directive says all advertsing should be in Spanish ? What is the point in advertising in Spanish within an English news paper ??????? People buy ” English ” news papers because………….its in English !!
May 28th, 2008 at 8:58 amQUESTIONS and ANSWERS
Chris,
I’ll respond separately for each item:
Cheers,
Miguel
—
Chris says:
Q:
Having looked now at the 218 directive and bounced it off a Financial Services solicitor in the UK it has been suggested that infact parts of this directive are illegal and also parts are in breach of the Data Protection act. UK clients have already said that if their personal details, confidential details or financial information is handed out to ” anybody ” they will sue ! ….Once criminals get a hold of this 218 they will be applying for persons details and gleaning as much information as possible with no interest what so ever in purchasing a property just conducting fraud.
A:
The details contained in the Ficha Informativa, for example, are available publicly in the Property Registry Office. The documentation does not contemplate information that, for the purpose of the sale of the property, is not already available to agencies and potential buyers. I suggest you carefully read the LOPD (data protection act) to correctly evaluate the threats of suit. Again, the free availability of the details on a home at the Property Registry Office (a public open institution) does not contravene a person’s right to privacy. Liens, easements, claims and public debt are public information. When used for the express intent of the legitimate sale of a home, within the LOPD, there is no grounds for suit or concern for fraud. The recipient of the information must also provide full name, signature and relevant details when receiving documentation.
—
Q:
We have had clients here who have given us a brief and wanted to view 10 - 15 properties. You would have to put together a 218 pack for each ? Clients sometimes do not even get out of the car !! They do not like the area or the property !!
A:
Clients must visit the home. This implies getting out of the car. If the client is not interested in the property, they have the option to refuse the documentation that you are offering. You fulfill your obligations in submitting the documentation, and the client can always specify refusal of what you provide. In either case, client signature of your actions of submission and document availability is sufficient for you as an agent.
—
Q:
It has been suggested by the UK that this 218 information should only be handed out to the parties solicitors once an ” interest ” has been shown on a particular property and no to anybody particularly any internet leads.
A:
For resale homes, the documentation is submitted in print, and in person, to the client, upon a visit to the home. No need or obligation to submit resale home details on internet requests.
—
I recommend you think about attending the Seminar we’re holing on June 19th. Lots of these misconceptions are unfortunately leading to errant claims and declarations by misinformed, although conscientious persons.
Saludos,
May 29th, 2008 at 3:00 amMiguel
Miguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
QUESTION:
Chris Says:
One more point - There are lots of ” British - English ” papers ie The Post, Euro Weekly, CB News The Mail ( printed here in Spain ) ect, this directive says all advertsing should be in Spanish ? What is the point in advertising in Spanish within an English news paper ??????? People buy ” English ” news papers because………….its in English !!
—
ANSWER:
If advertising in a 100% English publication, I don’t see issues with language. Instead, I would suggest you carefully consider the specific information requirements that must appear in adverts for properties (see article 5 of Decreto 218/2005). If concerned, included a reference in English-only magazines that a Spanish version is available, for example, at your website. The real issue with Spanish language requirements are for window cards, general adverts in bilingual or Spanish media, and your website.
Hope this helps,
May 29th, 2008 at 3:04 amMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
Dear all,
A brief reminder on the upcoming Seminar on Decreto 218/2005, especially tailored to Real Estate Agencies. Calamijas Hotel June 19th. For a full brochure, please visit:
http://www.mundomls.com
Single rate of 25 euros still applies. However, new discounts for 2 tickets or more….bring a friend
Cheers,
May 31st, 2008 at 2:57 pmMiguel Lameiro
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
Hi
June 20th, 2008 at 1:41 pmI have a Management Company in Calahonda that primarily deals with short term holiday rentals. We also deal with long term rentals and the odd sale here and there( if our owners decide they want to sell). The sales i am quite happy NOT to do. but i do advertise in my window MANY short term rentals (ie 1-2 week holiday bookings) Mainly aimed at the passing english public who are here on holiday staying in hotels etc. Do the same rules apply for the short term holiday rentals? If so, is there a different type of DIA form for short/long term rentals and do i still need to have Escrituras IBI´s Basura and the like?
QUESTION:
Steve Willcocks Says:
Hi
I have a Management Company in Calahonda that primarily deals with short term holiday rentals. We also deal with long term rentals and the odd sale here and there( if our owners decide they want to sell). The sales i am quite happy NOT to do. but i do advertise in my window MANY short term rentals (ie 1-2 week holiday bookings) Mainly aimed at the passing english public who are here on holiday staying in hotels etc. Do the same rules apply for the short term holiday rentals? If so, is there a different type of DIA form for short/long term rentals and do i still need to have Escrituras IBI´s Basura and the like?
—
ANSWER:
Hi Steve,
At present, yes, all rentals, whether short or long term must comply with the same DIA document as indicated in the Decreto. As mentioned in the seminar, this same point is one I have consulted with legislators and inspectors, and may receive an answer soon on the possible exemption. For the moment, compliance is strongly advised.
Saludos,
June 22nd, 2008 at 6:29 pmMiguel
Independent Specialist Decreto 218/2005, Andalucia
Director and Founder
http://www.MundoMLS.com
Dear all,
As a great way to share information and details on Decreto 218/2005, please be sure to access all of the entries found in the “Legal Questions” section of
http://www.spanishrealestateforum.com
Kind regards,
Miguel
June 23rd, 2008 at 5:03 pmIndependent Specialist Decreto 218/2005
http://www.mundomls.com
Thanks Miguel!
Regards
June 23rd, 2008 at 6:12 pmSteve
ORIGINAL ENTRY:
Christopher Goodall Short Says:
With regard your PDF file “Documento Informativo sobre Propiedad en Venta”, the proper title for this document (in accord with the 218 Decree) should be “FICHA INFORMATIVA EN SEGUNDOS O ULTERIORES TRANSMISIONES DE VIVIENDAS” (or “FICHA INFORMATIVA” for short). It is in fact the Annex 5 of the 218 Decree. According to this annex, on page 2 there should be details of THE OWNER (”DATOS IDENTIFICADORES DEL PROPIETARIO”) and not of the PROPERTY. Currently there is the “INSCRIP. REG., TOMO, LIBRO, FINCA, INSCRIPCIÓN Nº”, all of which can be found by looking at the Nota Simple and are not required according to “ANEXO V”. Whilst being a very handy form, it is very time consuming to fill out by hand if you have a lot of properties so making it into a PDF form would be a lot easier. I have actually done this myself and it saves us so much time being able to copy and paste. If you wish to have a copy then just let me know. Finally, well done with the website and trying to resolve everyone’s doubts about the 218 Decree.
Kind regards, Christopher.
June 19th, 2008 at 5:05 pm
—
COMMENT:
Hi Christopher,
Good to see you here (we’ve corresponded via email on this very topic of the Ficha Informativa). Very true and insightful comments on the nature of the pdfs available for download. The team at Comply218.com will appreciate the feedback (as an independent specialist, I am not privy to initiating critical commentary). However, the efforts of the Comply218.com are appreciated in getting the word out on Decreto 218/2005.
For complete management and creation of the documentation as per Decreto 218/2005, my own team at MundoMLS.com has developed LegalDocumentCheck Software. For full details, be sure to access our site and download the PDF brochure.
Very important as well….we have just developed a new Knowledge Summary Chart to help agencies comply with the advertising requirements.
Kind regards,
June 28th, 2008 at 3:47 pmMiguel Lameiro
Independent Specialist Decreto 218/2005
Director - http://www.mundomls.com
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