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Decree 218/2005: Andalucian authorities now enforce property law

Decree 218/2005: Andalucian authorities now enforce property law.

Decree 218/2005 is a law that was passed by the Andalucian government in 2006 aimed at improving the rights of those consumers buying property or renting long-term, and providing more tightly controlled codes of practice for property professionals operating in Andalucía.

It is now being strictly enforced by the authorities throughout the region.

If you’re a property owner in Andalucia, how does Decree 218 affect you?

Decree 218 only affects property owners in Andalucía that use a property rental or sales company to market their property for long-term rentals or for sale.

Currently, Decree 218 does not affect owners using property professionals to market their property for holiday rentals.

What are the requirements of Decree 218?

Amongst other requirements, the law states that every property listed for sale or for long-term rental by any property professional in Andalucia - either via their website or office window – must be accompanied by what’s called a Documento Informativo Abreviado, or ‘DIA’.

What is a DIA?

Translated into English, a DIA means a ‘Brief Informative Document’, which companies must produce in both Spanish and English for all long-term rental or sale properties they offer their clients.

The DIA for a long-term rental property must include the following information:

  • Details of the property
  • A description of the property's location
  • The utility services to which the property is connected
  • A list of the community rules or statutes
  • The legal status of the property.

This DIA document must be readily available, together with an inventory of the property’s contents, free of charge and in printed format, to present to anyone that views any long-term rental property listed.

A similar printed DIA document must also be freely available to prospective buyers of any property listed for sale, which should also contain details of the property’s community fees and tax charges.

What are the consequences of failing to comply with Decree 218?

Unfortunately, the consequences for owners of property listed for long term rental or sale through a professional property organisation such as ours are that your property can no longer legally be marketed to the public.

This means that, technically, details of your property should be removed from company websites and window displays, and no further viewings should take place, until such time as you have supplied the documentation required by your property sales or rental company.

The consequences for property companies failing to comply with Decree 218 are heavy, usually involving fines which vary in severity according to the gravity of the offence.

Two estate agents in the region have already been penalised in this way for failing to comply with the law.

Decree 218 can only benefit the Costa del Sol

At HomeCareontheWeb, we believe in full compliancy with the law in all our business affairs. This is why we are urging our clients to take advantage of our in-house facility to become Decree 218 compliant, and offering this service free of charge.

We also believe that, although Decree 218 will cause minor inconvenience for property owners and companies in the short term, it can only bring great benefits in the longer term to Andalucía as a region, and the Costa del Sol property market in particular.

Indications are that it will do much to counter the negative image the local property market has earned over the last few years at the hands of unscrupulous operators, and in turn foster greater consumer confidence and generate more long-term rentals and property sales.

What should long-term rental and sales property owners do now?

The property company responsible for renting out or selling your property should request certain information from you in order to prepare the legally-required DIAs in English and Spanish for your property, in order to continue marketing it on your behalf.

If you’re a client of ours, how do you get the required information to us?

Clients of HomeCareontheWeb will have already received a list of documents required in order for us to complete the DIAs in English and Spanish on their behalf.

This is a free service which HomeCareontheWeb offers to all its home-owning clients who wish to sell their property or rent it out on a long-term basis.

In the event that you are unable to provide us with the requested documentation yourself, then please make contact with your lawyers in Spain and ask that they urgently forward the information we need.

Please remember to send us a copy of any written communication you have with your lawyers, via email to info@homecareontheweb.com, so that we are aware you have instructed them.

Please also bear in mind that, if you prefer, we can help you to obtain the documents you need from your legal representatives through our ‘Troubleshooting Service’, the charge for which is contained in our Price List.

Full details of all the documentation that HomeCareontheWeb clients need to provide are accessible via your personal Owner’s Area on our website, under the heading of 'Decree 218'.

If you have any questions about Decree 218 and how it might affect you, please email info@homecareontheweb.com or fill in the form below.

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