Camp Sites In The Valencian Community

Dear Sirs,

I would be grateful for your advice on a subject that concerns me, and no doubt many other people within the Valencia region. My query concerns the new camp site regulations 119/2002 that comes into effect on the 31st July of this year.

My wife and I have lived permanently in our static mobile home for several years. On our site, around 20% of the mobiles are occupied permanently, some for well over a decade. As suggested by the Costa Blanca News, I have acquired a copy of the new decree, which with my limited Spanish, appears to deal with aspects concerning the owners or operators of the camp sites. However, one section is aimed at us tenants, regarding permanent occupancy, solid terraces, washing machines, fridge freezers etc.

My question, and I stand to be corrected, is that no pro rata appears to have been included. I.e., does this decree mean that from 31st July every resident has to evacuate their homes for a certain length of time? Do all solid walls, floors and other structures have to be demolished? Do all of our appliances have to be disconnected? Or is it that from this date none of the above will be allowed to be installed, when we moved to this site, as other did before us, we asked the management for permission to carry our such works, which was granted. This site has had many inspections by the appropriate authorities, so we assume that all works carried out were in keeping with regulations in force at the time. Most I think would agree, that it would be scandalous to spend the amount of money and time need to make our rented plot comfortable, only to pay for it all to be carried away, because the regional authority has decided to change the rules.

I and many others would welcome any advice that you can give on these matters.

Dear Reader,

Thank you for your letter. The truth is that in our opinion you should not have too much to worry about. As you correctly say, on the 30th July 2002 the Valencian Government drafted Decree number 119, regulating tourist camping sites in the Valencian Community. This decree introduces three important novelties, namely removing any reference to the size of plots, acknowledging certain specialities with regard to the actual camp sites, and lastly substituting the so called “luxury” category by a “Great comfort” category.

The regulation also introduces criteria and requirements that increase the quality of the installations and services for the camp site establishments. The definition of camp site, is understood to refer to those bits of land that are duly delimited and set up for a temporal occupation by persons who intend to live in the open air with recreational or tourist purposes using as a residence, those movable dwellings, tents, caravans and other similar elements that are easily movable, which have duly homologated surroundings, that are fully usable and that do not have any foundations. All the above is without prejudice of those units and modules that are owned by the owner of the establishment and that are put at the disposition of the clients by tourist operators for the exclusive use of their clients such as cabins, bungalows or mobile homes.

The following establishments are excluded from the legislation: camps for young people, private camp sites, camp sites on private property, camping sites in recreational areas or itinerant camp sites.

Therefore the first thing that one would have to determine, would be whether one’s dwelling is situated in a public or private camp site, as if it is considered as a public camp site, there is a prohibition with regard to the installation of flooring, fencing, sinks, electrical appliances and any other elements of a permanent residential nature in the camp site which would give grounds for the cancellation of the rental contract without any right to compensation. These causes for the cancellation of the contract must figure in the internal regulations of the camp site and may be enforced after the tenant has received notice of the fact that any permanent installation should be removed and once having refused to comply with this requirement.

This means that the possibility of the fact that the permanent installations should be removed must be previously published by the camp site’s own internal rules. At the same time, the decree indicates that all authorized establishments must adapt their installations and services within a period of five years.

The truth is that all the above seems to be directed at the owners of the establishments and not directly to the users of the camp sites. In this sense the sanctions that are applicable due to the breach of the regulations and which are established in Law 3/98 of the Valencian Government dated 21st May, are applicable to the owners of the establishments. Due to this it is important that you check the internal regulations of the camp site top see what, if anything is said in this respect. This will determine what the answer to your queries would be but we would suppose that your case is not unusual and that there will be many people in the same situation and as such we would suppose that the solution would not be too drastic.

Article courtesy of Fernando Aliaga, Abogados, Javea
CAMP SITES IN THE VALENCIAN COMUNITY


Dear Sirs,

I would be grateful for your advice on a subject that concerns me, and no doubt many other people within the Valencia region. My query concerns the new camp site regulations 119/2002 that comes into effect on the 31st July of this year.

My wife and I have lived permanently in our static mobile home for several years. On our site, around 20% of the mobiles are occupied permanently, some for well over a decade. As suggested by the Costa Blanca News, I have acquired a copy of the new decree, which with my limited Spanish, appears to deal with aspects concerning the owners or operators of the camp sites. However, one section is aimed at us tenants, regarding permanent occupancy, solid terraces, washing machines, fridge freezers etc.

My question, and I stand to be corrected, is that no pro rata appears to have been included. I.e., does this decree mean that from 31st July every resident has to evacuate their homes for a certain length of time? Do all solid walls, floors and other structures have to be demolished? Do all of our appliances have to be disconnected? Or is it that from this date none of the above will be allowed to be installed, when we moved to this site, as other did before us, we asked the management for permission to carry our such works, which was granted. This site has had many inspections by the appropriate authorities, so we assume that all works carried out were in keeping with regulations in force at the time. Most I think would agree, that it would be scandalous to spend the amount of money and time need to make our rented plot comfortable, only to pay for it all to be carried away, because the regional authority has decided to change the rules.

I and many others would welcome any advice that you can give on these matters.

Dear Reader,

Thank you for your letter. The truth is that in our opinion you should not have too much to worry about. As you correctly say, on the 30th July 2002 the Valencian Government drafted Decree number 119, regulating tourist camping sites in the Valencian Community. This decree introduces three important novelties, namely removing any reference to the size of plots, acknowledging certain specialities with regard to the actual camp sites, and lastly substituting the so called “luxury” category by a “Great comfort” category.

The regulation also introduces criteria and requirements that increase the quality of the installations and services for the camp site establishments. The definition of camp site, is understood to refer to those bits of land that are duly delimited and set up for a temporal occupation by persons who intend to live in the open air with recreational or tourist purposes using as a residence, those movable dwellings, tents, caravans and other similar elements that are easily movable, which have duly homologated surroundings, that are fully usable and that do not have any foundations. All the above is without prejudice of those units and modules that are owned by the owner of the establishment and that are put at the disposition of the clients by tourist operators for the exclusive use of their clients such as cabins, bungalows or mobile homes.

The following establishments are excluded from the legislation: camps for young people, private camp sites, camp sites on private property, camping sites in recreational areas or itinerant camp sites.

Therefore the first thing that one would have to determine, would be whether one’s dwelling is situated in a public or private camp site, as if it is considered as a public camp site, there is a prohibition with regard to the installation of flooring, fencing, sinks, electrical appliances and any other elements of a permanent residential nature in the camp site which would give grounds for the cancellation of the rental contract without any right to compensation. These causes for the cancellation of the contract must figure in the internal regulations of the camp site and may be enforced after the tenant has received notice of the fact that any permanent installation should be removed and once having refused to comply with this requirement.

This means that the possibility of the fact that the permanent installations should be removed must be previously published by the camp site’s own internal rules. At the same time, the decree indicates that all authorized establishments must adapt their installations and services within a period of five years.

The truth is that all the above seems to be directed at the owners of the establishments and not directly to the users of the camp sites. In this sense the sanctions that are applicable due to the breach of the regulations and which are established in Law 3/98 of the Valencian Government dated 21st May, are applicable to the owners of the establishments. Due to this it is important that you check the internal regulations of the camp site top see what, if anything is said in this respect. This will determine what the answer to your queries would be but we would suppose that your case is not unusual and that there will be many people in the same situation and as such we would suppose that the solution would not be too drastic.

Article courtesy of Fernando Aliaga, Abogados, Javea
CAMP SITES IN THE VALENCIAN COMUNITY


Dear Sirs,

I would be grateful for your advice on a subject that concerns me, and no doubt many other people within the Valencia region. My query concerns the new camp site regulations 119/2002 that comes into effect on the 31st July of this year.

My wife and I have lived permanently in our static mobile home for several years. On our site, around 20% of the mobiles are occupied permanently, some for well over a decade. As suggested by the Costa Blanca News, I have acquired a copy of the new decree, which with my limited Spanish, appears to deal with aspects concerning the owners or operators of the camp sites. However, one section is aimed at us tenants, regarding permanent occupancy, solid terraces, washing machines, fridge freezers etc.

My question, and I stand to be corrected, is that no pro rata appears to have been included. I.e., does this decree mean that from 31st July every resident has to evacuate their homes for a certain length of time? Do all solid walls, floors and other structures have to be demolished? Do all of our appliances have to be disconnected? Or is it that from this date none of the above will be allowed to be installed, when we moved to this site, as other did before us, we asked the management for permission to carry our such works, which was granted. This site has had many inspections by the appropriate authorities, so we assume that all works carried out were in keeping with regulations in force at the time. Most I think would agree, that it would be scandalous to spend the amount of money and time need to make our rented plot comfortable, only to pay for it all to be carried away, because the regional authority has decided to change the rules.

I and many others would welcome any advice that you can give on these matters.

Dear Reader,

Thank you for your letter. The truth is that in our opinion you should not have too much to worry about. As you correctly say, on the 30th July 2002 the Valencian Government drafted Decree number 119, regulating tourist camping sites in the Valencian Community. This decree introduces three important novelties, namely removing any reference to the size of plots, acknowledging certain specialities with regard to the actual camp sites, and lastly substituting the so called “luxury” category by a “Great comfort” category.

The regulation also introduces criteria and requirements that increase the quality of the installations and services for the camp site establishments. The definition of camp site, is understood to refer to those bits of land that are duly delimited and set up for a temporal occupation by persons who intend to live in the open air with recreational or tourist purposes using as a residence, those movable dwellings, tents, caravans and other similar elements that are easily movable, which have duly homologated surroundings, that are fully usable and that do not have any foundations. All the above is without prejudice of those units and modules that are owned by the owner of the establishment and that are put at the disposition of the clients by tourist operators for the exclusive use of their clients such as cabins, bungalows or mobile homes.

The following establishments are excluded from the legislation: camps for young people, private camp sites, camp sites on private property, camping sites in recreational areas or itinerant camp sites.

Therefore the first thing that one would have to determine, would be whether one’s dwelling is situated in a public or private camp site, as if it is considered as a public camp site, there is a prohibition with regard to the installation of flooring, fencing, sinks, electrical appliances and any other elements of a permanent residential nature in the camp site which would give grounds for the cancellation of the rental contract without any right to compensation. These causes for the cancellation of the contract must figure in the internal regulations of the camp site and may be enforced after the tenant has received notice of the fact that any permanent installation should be removed and once having refused to comply with this requirement.

This means that the possibility of the fact that the permanent installations should be removed must be previously published by the camp site’s own internal rules. At the same time, the decree indicates that all authorized establishments must adapt their installations and services within a period of five years.

The truth is that all the above seems to be directed at the owners of the establishments and not directly to the users of the camp sites. In this sense the sanctions that are applicable due to the breach of the regulations and which are established in Law 3/98 of the Valencian Government dated 21st May, are applicable to the owners of the establishments. Due to this it is important that you check the internal regulations of the camp site top see what, if anything is said in this respect. This will determine what the answer to your queries would be but we would suppose that your case is not unusual and that there will be many people in the same situation and as such we would suppose that the solution would not be too drastic.

Article courtesy of Fernando Aliaga, Abogados, Javea