Prices are increasing in Spain and Balearics

By AdmSolJM16

The forecasts of risk measurement agencies say that prices of housing will continue growing in Spain from this year until 2019 to reach 4.7% per year.

This will have a positive effect on bank’s balance sheets and the behavior of mortgage companies. In this sense, the specialists affirm that there is therefore no risk of a mortgage bubble, since for every four euros that were granted in 2007 today is allocated one euro for this purpose. The president of the European Central Bank (ECB), Mari Draghi, ruled out any danger in the euro area of a new housing or credit bubble.

The average price of second-hand housing has been in the Balearic Islands at 2,272 euros per square meter in April, a figure that represents an increase of 6.83% over the same month last year. Palma has been the second city where the price of used housing has increased the most from year to year, with 6.84%, registering an average price of 2.227 euros per square meter, just behind Barcelona.

Balearic Islands is in the sights of foreign investors looking to buy a home. Last year, the volume of transactions by international buyers – mainly European – exceeded 1.6 billion, which was a historical record and a 50% increase over two years ago. The luxury property is the most sought after by European buyers, more interested in purchasing than in renting, which has caused a significant increase in the average price in the last year in several areas of Mallorca

It should also be considered the boom of purchase by Swedish citizens. Property sales to Nordic citizens with high purchasing power have increased by up to 30% in the last three years. In the last four years the number of transactions on the island captained by these citizens has increased by 100% and the trend continues to rise. A demand that has skyrocketed mainly in Palma, where it has gone from three to thirteen specialized real estate agents in Scandinavian market in approximately ten years.

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Among the top areas for the Scandinavians are Palma center, the old town and the municipalities of the Part Forana, especially Serra de Tramuntana. There’s a neighborhood in Palma in which all Swedes want to live, Santa Catalina. Some people call it Little Sweden. The investment boom in the Palencia neighborhood has been spectacular in recent years.

If you are going to acquire a property in Mallorca do not hesitate to contact Ripoll & Mateu Solicitors Mallorca. We advise, defend and represent our clients at all levels. Our greatest asset is an infrastructure of professional leaders in each field of action, especially Real Estate and Tax, as well as our international vocation and multilingual capacity.

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Capital gain when no increase in value

By AdmSolJM16

The High Court considers that the capital gain tax is unconstitutional in these cases, very common since the outbreak of the economic crisis. We must consider that the tax is not annulled but its automatic application in cases where there’s no revaluation of the property.

Last February, the Constitutional Court (TC) has already the unconstitutionality of the capital gain tax on the increase in value of the Urban Nature Land (IIVTNU) of Gipuzkoa, when in the transmission of a property would have been sold at a loss. With the new sentence, the Constitutional extends this doctrine to the whole national territory. According to the judgment of the Constitutional Court, the seller of a property can’t be required to pay a tax that levies an increase in value which, in fact, has not occurred.
The TC values that the constitutional principle of economic capacity is violated since the tax is not linked to the existence of a real increase in the value of the property, but simply to ownership of the land over a period of time. For all this, the Court declares the unconstitutionality and nullity of arts. 107.1, 107.2 (a) and 110.4 of the challenged law. All those taxpayers who sell a house and obtain a profit from the transaction, must continue to pay it.

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In view of the foregoing, it’s estimated that the number of properties on which the repayment of the surplus value could be reclaimed because it was transmitted for a value lower than that of acquisition would be around 550,000 properties. Any natural or legal persons who have paid the tax by virtue of the transfer of a property to losses in a non-prescribed fiscal year can claim the payment of a non-corresponding capital gain.

What is needed to claim?

1.- Appeal to the council, although it may subsequently be necessary to resort to the courts.

2.- A technical report performed by an independent expert, which proves the loss of value produced between the moment of purchase and that of the sale. A specific technical report is required on the property transmitted, which shows the variation of the market value of the land between the moment of acquisition of the property and the transmission.

3.- The deeds of purchase and sale of the last and penultimate transmission of a property.

4.- Statistics of average prices of the residential market of the municipality or the postal code where the asset is located.

Contact us if you are faced with the need to claim a capital gain overpaid or have questions about the status of your property.

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"Quality tourism for all", manifesto about holiday rental

By AdmSolJM16

Few weeks after the start of the summer season, the Balearic Islands Government, entities and companies continue to laps with the Holiday Rental Law.

Earlier this month, the bill that will regulate holiday rentals in the Balearic Islands was approved by the Government Council after incorporating 200 of the 294 allegations it received in the public information period to which it was submitted.
These days, fourteen entities have adhered to the manifesto “Quality tourism for all”.
This manifesto has been promoted by the Association of Holiday Rental Apartments and Homes of the Balearic Islands (APTUR) in defense of the holiday rental, with the aim of obtaining the highest number of accessions and demonstrating social support towards holiday rentals.

The entities that have signed the document are: PIMEM, PIMECO, AFEDECO, ACOTUR,  municipal markets of Santa Catalina, Pere Garau, El Olivar and Inca, AMAT (Mallorcan Association of Tourist Attractions), ABONE (Balearic Association of Nightlife and Entertainment), Municipal Taxi Automotive Association (AMTAT), the Association of Golf Courses of the Balearic Islands, the Business Association of Rental of Vehicles and the Association of Nautical Companies of the Balearic Islands (AENIB).

The signatories argue that holiday rental is an aid to the local development of areas that could not have had the opportunity to access the income generated by tourism with the offer of traditional accommodation. APTUR-Balears states that vacation rental is a complementary accommodation model where the end user decides based on privacy and flexibility arguments. It also stresses that it is transverse from the point of view of sharing the benefits of tourism between the complementary offer and helps reduce the seasonality.

The entities affirm that they are looking for a regulation of the appropriate sector in which everyone can develop this activity with guarantees and fulfilling their fiscal responsibilities.

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New data on the tourism law, Mallorca

By AdmSolJM16

The Governing Council of the Balearic Islands has recently given its approval to the draft law that will regulate holiday rentals on the islands after incorporating 200 of the 294 allegations it has received in the public information period to which it was submitted.

The document explains the novelty of not allowing tourist rental in housing of less than five years (initially was a period of 10), and during that period, the use of housing must have been private residential and will be accredited by the declaration of new construction. In the same way, it defends the fact that it is the communities of neighbors that decide whether in their building can be rented or not the houses to the tourists; and that all that channel that puts in contact offer and demand, will be considered channel of tourist commercialization.

At the moment, the project must be submitted to the parliamentary process that will introduce amendments and modifications so that it can enter into force, although it will not be before September of this year. The regulation of the commercialization of tourist stays in houses, the so-called tourist rental, will answer to a “reality” that exists in the Balearics and will allow to have a tool in enforcing the law.

A specific register will be created in which all the homes that are being commercialized must be registered, implying that all the illegal offer can’t be commercialized by tourist offers channels. In this way, any commercialization channel will have to put the number of the legal registration of activity of the house, including the platforms that announce in its web pages apartments for the holiday rental.

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To this, must be added that rent will not be allowed in apartments of less than five years old. The Consell de Mallorca will create a second bag housing specific places for holiday rental, different from the hotel rooms, to exchange new law dictates touristically for those wishing to market a house or a flat. It will also set some “objective criteria” for zoning, which should be observed by all municipalities, including Palma.

In view of these criteria, the Balearic Islands Association of Apartments and Holiday Rental Homes (Aptur-Baleares), states that despite sharing many of the objectives of this Government, the regulation made leaves out 80% of the current bid. In addition, they point out that difficult technical and accessibility requirements are imposed and a single bag of places is established, without specifying which ones will be allocated to holiday rentals and which ones to the hotel sector. The association is against the decision to establish that any contract less than 30 days is considered as a tourist, as well as being considered a marketing channel either a web, as an advertisement in a printed newspaper or as the showcase of a real estate agency.

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Update about Mallorcan economy

By AdmSolJM16

Recent data from the Balearic Government confirm that the economy of the islands grew by 4.1% in 2016, the highest growth in the last 16 years. There were increases in all quarters, highlighting the good behavior in tourism in seasons in which traditionally presents less activity.

In the same report, the Government believes that the ‘Brexit’ will have little impact on the Balearic Islands during this year, following the same line of what happened in 2016 since the process is still in a negotiating moment.

It’s expected that the Mallorcan economy will not be unduly prejudiced in the short term by the UK decision to leave the European Union, despite receiving more than three million British tourists a year and has a population of almost 20 000 residents.

The Balearic economy is in a bullish process

Balearics is experiencing exceptional tourist seasons thanks to the quality of its services and the collateral consequences of the difficult situation being experienced by other countries that in the past were direct competitors in this sector.

Following in the line of these data, it’s to emphasize that in January Balearics received a total of 107,087 foreign tourists. A figure that translates to the arrival of almost 5% more tourists than in January 2016. According to INE data, Germany remains the main emitting country of the Islands, with 46.4% of tourists; Followed by the United Kingdom, which sent to the Balearic Islands 10.4% of visitors.

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The Balearic Islands will continue to grow in 2017, with a forecast of 3.6% after two years of growth. The Government expects that 2017 will also be one of the highest values recorded in the last 16 years, close to the results of 2016, and will represent an accumulation of growth of 11% in the last three years.

The forecast for 2017 places the Balearic Islands in a process of “normalization” of the growth cycle.

Growth is expected between 3.2% and 3.7% in all Islands. By sectors, the gross value added shows positive increases in all activities: the service sector is the one that grows the most, 3.8%.

Another significant finding is that the number of home mortgages increased by 14% in 2016 over the previous year, to 281,328, thus earning its third consecutive annual increase after seven years of declines.

With these very positive conditions, we can consider that it is a good time to invest in the Balearics, especially in Mallorca.

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Legal issues to sell a rented property

By IbizaSol

As specialists, we talked a lot about the process of buying and selling properties in Mallorca, but it is possible that sometimes an owner wants to sell a rented property.

The first thing to consider in this situation is that it is a completely legal operation, although we must consider a number of limitations depending on the regulatory regime to which the lease was clamped, depending on the date of signature. This determines the obligation of the purchaser to respect the new lease, depending on the regime to which they are subject:

LAU de 1964 (signed before January 1, 1995). In this case, the lessee has the right to continue occupying the property until the death.

LAU 1994 (signed between January 1, 1995 and June 5, 2013) Case in which the lessee is entitled to be in the house until it comply with the 5 years of the contract.

LAU 1994, following the reform introduced by Law 4/2013 (since June 6, 2013). The lessee is entitled to continue in the house until it comply with the 3 years of the contract when the lease is registered in the Land Registry or for three months if the lease is not registered. Regarding this last point, should be noted that once a renter occupies a rented flat, if the contract is not recorded in the Land Registry, the owner is entitled to put the property on sale.

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If the rental agreement is registered in the Land Registry, it will remain in effect even if the owner decides to sell the property. This is based on the Reform of the Urban Leases Act 2013, which came into effect as the measure to promote flexibility and development of rental housing market. In this case the tenant must not leave the building until the contract expires not although can be transfer the ownership of it to the new buyer.

In the case that a rental contract was not registered in the Land Registry, must check whether it is specified in the renunciation of preferential purchase. If this clause was signed, the owner can sell the property to the tenant communicating the eviction with 30 days in advance. If there is the case that the owner does not communicate the sale to the renter, this last can exercise the right to repurchase, purchase the property at the same price that is being sold to third, having 30 days to do it. One last case, if the contract is less than 3 years and is not being communicated the intent to sell before the end of the agreed period, this is automatically renewed up to three years, which prevents the sale to the owner until this deadline is exceeded not.

As a specialist in Real Estate Law in Mallorca, we offer comprehensive advice in the process of buying and selling property. The presence of a lawyer is essential to be responsible for providing obligatory advice to clients on legal, tax and legal liabilities acquired during the action of sale.  We’ll attend you with no obligation.

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News about the Law of Tourism, judgment of TSJIB

By AdmSolJM16

The High Court of Justice of the Balearic Islands (TSJIB) has declared null a part of the decree of general principles and guidelines for coordination in tourism which was approved by the Government of the Balearic Islands in 2015 as it believes that invades own competencies of the Insular Councils.

The initiative part of the appeal presented by the Consell de Formentera against the decree that developed the Balearic Islands Law of Tourism, and the Court of the province has declared null its Section II.

Among the elements on which legislates the above mentioned title are the regulation of the the begin of a tourism activity, the inspection of activities in the sector, Intervention Plans in Tourist Areas (PIAT), the processing and effects of the statement of touristic interest and the processing of the sale of tourist places.

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To understand this sentence, we must take into account that the authority of the Government of the Balearics regarding Tourism covers the following aspects:

– Management and planning of the tourism sector.

– Management of promotion bureaux overseas

– Regulation and classification of tourism companies and establishments

– Regulation of public lines of support and promotion of tourism.

As for the Insular Councils, their regulatory authority is limited to the competencies of information, management and tourism promotion.

The Court says in the sentence that the government is not allowing the Insular Councils to regulate on matters of own powers, claiming that the regulation of various tourism issues including Title II of decree questioned by the Consell de Formentera “violates Articles 58.3 and 72.1 of the Statute of Autonomy of 2007, in conjunction with Article 70.3 and therefore incurs the defect of nullity “. It adds that the management, promotion and tourist information are “binding powers” of Insular Councils and, since 2007, “can no longer be understood that attach to the control of the Government”.

If you are thinking of to enjoy your vacation time in a holiday rental home or has a property in Mallorca and want to get a rental, please contact us. Our specialist team will advise and report on the Law of Tourism and the situation of holiday rental homes in Balearic Islands.

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Mallorca, leader destination in holiday rentals 2016

By IbizaSol

Spain has positioned as a leader in holiday rental for the foreign tourist who realize short time trips outside their countries. For countries like Portugal, France, Italy, Germany and UK, Spain is the leader destination in holiday rentals.

According to the latest survey published by the Instituto Nacional de Estadística (INE), the tourists who stayed in hotels during last July were responsible for the 62.4% of total expenditure, while spent 9.2% less foreigners who stayed in holiday rental homes. In the case of UK, Spain brings one of every three booking requests overseas, putting it as the top destination ahead of others such as France or Italy. These latter, Italians, have increased their demand in the Balearic Islands by 85%.  The request of British citizens to holiday rental villas and apartments in Spain has increased by 75% respect 2015; being Mallorca the destination that has strongly grow in this type of offer.

These data, confirms that the known as “urban bubble” has come to Mallorca in hands of the holiday rental homes. It’s therefore very necessary to apply a legal regulation to the right use of the holiday rental because actually, the Balearic Administration has an outdated autonomic normative  that establish that are exclude from the holiday rental flats, terraced houses and apartments in multi-family buildings and that have forbidden to advertise them in any type of  with the words touristic or similars.

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In the same way, its expected  that the investment in hotels reaches to 1.300 million euros in the last months of 2016, according to the forecast that shuffles the Hotelier Report of Spain, where it is expected to occur among 2016 and 2017 a total of 64 opening of hotels, mainly four- and three-star. Of all these opnenings, 18 will be in Barcelona and 15 in Balearics, because the profitability of the hotels in Spain is very attractive to investors. For 2017, the forecast is yhat will be international funds and private investors specialized in hotels whose will invest in the hotel market. It is expected that the hotel investment will continue rising and focusing on added value because investors ensure that the tourist spending will continue increasing.

The Ripoll & Mateu Solicitors Mallorca foreign investment area offers legal assistance with regard to funds from other countries for investments in real estate and commercial in the Balearic Islands.
Our team has extensive international experience, we also have cooperation agreements with international firms and are members of the AIPP (Association of International Property Professionals).

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News about holiday rentals in Mallorca, what should you know?

By IbizaSol

A recent article published by the newspaper El Mundo makes a radiograph of the current situation of rental accommodation in Mallorca.

In the same, is exposed the boom in both tourist and urban leases carried out through large digital platforms that have established Mallorca as a strategic destination.
As part of this business boom, has exploded the underground economy in the holiday rental sector in the Balearic Islands, in the form of illegal tourist rental.Despite the fact that are being promoted as mere intermediaries between owners and renters behind them there is a spectacular business. Contrary to what happens with hosting companies regulated, in the case of digital platforms, it is unknown whether or not users pay taxes. In fact, in many cases, the same platforms recognize that on their own web pages may have hidden businesses that violate the Tourism Law of the Balearic Islands , which expressly prohibits offer this type of property for tourist channels, and avoid thus the payment of the tax.

The absence of a clear regulation has generated many doubts in Europe about how to monitor the management of these platforms, so that the Spanish government has authorized Autonomous Communities to control and punish them, if is applicable.

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Private individuals can perfectly rent their flats under the Law of Urban Leases (LAU) without registration in the register of Govern and thus avoiding paying the eco-tax, as this state law permits short leases, so that until not modify this law, there will be this kind of rent. In the Balearics is forbidden to rent flats for tourist use, although single-family homes, where tourist services won´t be offered or the property announced on tourist channels.

It isn´t a legal problem the fact that the owner of an apartment or villa that is not qualified as a tourist can rent it per season if the services are not offered. Similarly, advertising the same channels of tourism, which is forbidden by the Balearic legislation is not enough to determine that there is infringement, since according to the LAU would also be necessary that housing was subject to a specific regime. The infringement is in the fact that the owner rents its property as tourist when the property is not qualified in this way, thus avoiding the payment of the eco-tax, so that tourists staying in their properties do not pay tax.

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Avoid this problem is possible renting your holiday villa or apartment through a specialized and experienced company. With over 15 years of experience in the Mallorca Holiday Villas industry, Balearic Villas have the experts & the know-how to create the perfect, independent-living holiday for you. As a rental division of the real estate leaders of Balearic Properties, Balearic Villas specializes in holiday rentals of luxury villas and apartments in Mallorca, Ibiza and Menorca.

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