Tourist licence

Questions relating to buying or owning a property. Moving to Menorca Sub-forum: moving to, or living and working on Menorca
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Keefyd
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Tourist licence

Post by Keefyd » January 17th, 2019, 2:45 pm

Has anyone with an apartment had any luck with obtaining a tourist licence yet?
Please share your experience......
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chadcarr
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Re: Tourist licence

Post by chadcarr » January 24th, 2019, 8:35 am

We were told our villa in Cala en Porter was extended without formal permission some 20+ years ago, and now we are not eligible and awaiting further. Very disappointing as I am sure the rules have changed many times over the years, with others having been granted exemption for such a thing. We purchased the villa and it was inspected without issue. All very confusing. So we are unable to collect on the weekly holiday yields to tourists and our investment plan has failed. This whole process is opening up new issues.

beachstroller
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Re: Tourist licence

Post by beachstroller » January 24th, 2019, 2:11 pm

@chadcarr... so your ratio of bedrooms to bathrooms not longer fits current 'requirements' or ?

Keefyd
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Re: Tourist licence

Post by Keefyd » January 26th, 2019, 3:30 pm

I assume it was your “certificate of lack”(cedula de carencia) that has highlighted this? It details any work done on a property that has been approved and regulated by the local council building control.

Unfortunately, your experience shows a sign of how archaic the regulations were all those years ago and how buying a property in Spain is not always what it seems!

I’ve discovered that you should also ensure that any property you are buying, has an Occupancy certificate (certificat d'ocupació) which details the allowed number of people who can occupy the premises.

As some of these regulations have been introduced in recent years, they have not re-visited any older properties, to issue these documents retrospectively and you only discover that they are missing, when you come to sell, etc.
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semh
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Re: Tourist licence

Post by semh » January 27th, 2019, 9:17 pm

We had the same problem. Discovered that we didn’t have a cudula de habitation so couldn’t get a tourist licence. Had to get the house plans redone by an architect, summited to the town hall, pay fees and fine and back rates! This took 2 years! Then, the council announces the tourist areas and guess what? We are outside the area so we can’t get a licence now anyway! Menorca, don’t you just love it!! :lol:

Keefyd
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Re: Tourist licence

Post by Keefyd » January 28th, 2019, 5:44 pm

Oh no, that’s really bad luck! But also typical Menorca.
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chadcarr
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Re: Tourist licence

Post by chadcarr » January 31st, 2019, 4:53 am

@beachstroller

In regards to our property, the garage was turned into a kitchen with terrace, and extended towards the road by 1.5m, it is still well set-back from the pavement, unlike so many houses neighbouring to ours!

We were told that the extension was not approved for building, and that the new footprint was outside the tolerance for the building envelope in relationship to the street. The set-back rules in Cala en Porter are now very strict, but were NOT when this property was built or extended some 20+ years ago.

So in conclusion, our pre-inspection before sending the touristic license inspector our way, revealed this problem, and not we are told there is no solution except demolition and rebuild. It is all completely over the top and we are seeking further legal advice. As the property is not "legally compliant" we cannot proceed with the touristic license. Apparently this is not uncommon in Cala en Porter, and the government will not make any exceptions, but did in past, again, more politics as we fall victim to timing and circumstance.

The previous owners withheld this information, and even the bank inspector did not find the issue. The notary changed the title without issue. SO we are left with the massive costs of rebuild, and the loss of income with no touristic license. All for a very small breach in the footprint allowance, so 2+ decades ago. All very upsetting and simply unfair. If anyone has ANY advice, we'd deeply appreciate it.

Chad
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PeterV
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Re: Tourist licence

Post by PeterV » February 1st, 2019, 7:55 pm

That’s really annoying and I can see why it’s deeply upsetting.

All of Menorca has tightened up on planning and the rules I’ve discovered (so far!) are:

- Rooms have to be 3m away from the boundary
- Property cannot be more than 25% of plot
- 40% of the plot has to be “green”

I really do think you’ve only got the three options.

1. Don’t rent it
2. Rent it but shrink the kitchen - I’m not sure if this will require reworking the roof, but is an expensive option.
3. Sell it without the tourist license - will probably be more expensive than option 2 after tax and agent fees.

I wouldn’t recommend renting it without the license, but you could rent it out to friends etc - just don’t use things like ownersdirect and Airbnb as they religiously track that.

I feel your pain, as I’ve just discovered that I need to replace our septic tank, and the new regulations state it needs to be a multi-tank option that cleans (grey) the water. This is about £15k as the council haven’t completed the mains sewage, underground electricity and pavements in Binibeca Nou.

PeterV
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Re: Tourist licence

Post by PeterV » February 1st, 2019, 7:59 pm

Looking at the photo, it’s possible that moving the kitchen back won’t be that expensive.

It will require reworking the kitchen, but you can re-use the existing cabinets etc and the plumbing should be easy to change. Not sure which way the wooden roof supports will run, but again that’s not a huge job unless they are steel reinforced concrete beams which will need cutting.

I reckon you’ll be looking at about £15-20k tops.

beachstroller
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Re: Tourist licence

Post by beachstroller » February 4th, 2019, 5:54 pm

The first rulings that the Tourist Laws are potentially in breach of other EU laws appeared in a ruling in the Canaries ( which surprisingly would also apply to any Autonomous regions eg Balearics ) As said watch this space especially after May elections

It is always interesting to note that the historical 'negllicence' of 'officers of the law ' eg Notaries is never raised . Menorca like many places is full of instances where officials have been found very lacking

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