Hello All I haven’t been on the forum in a while as I have been so disillusioned with this matter and the never ending saga of our problems and bureaucracy in Croatia. I was really hoping that the new laws in February 2009 would resolve the categorization issue but sadly I’ve noted from upthevilla’s post that this will not be the case. As we still have to pay the on going running costs, I thought it would be a good idea to offer the house to our friends and family to use (free of charge) next year. I don't want the house to lie empty if our friends/family can get some enjoyment from it.
I thought I should let you all know that we have just been informed that as our house is not categorised, we are actually only allowed a MAXIMUM of 15 people in our property from 15th June to 15th September and these must be close family!!
I am really struggling to believe that Croatia can seriously restrict our basic human rights as property owners in this way.
Can anyone throw any light on this? I seriously hope for all of us that this information is incorrect.
Sorry – I meant to clarify further – 15 close family means immediate family and 15 heads (adults & kids) in total. So if we had a group of 7 one week followed by a group of 8 the following week, we’ve hit our quota for usage. This means that our house will be allowed to have been used for 2 weeks of the summer season!!!! Please someone tell us this can't be true!?
interpretations are differing but yes this is true, generally speaking. Also the names need to be submitted in advance in some cases. This is to facilitate the use of the properety for owners whilst waiting for ministry approvals. The list in some cases can be used throughtout the summer but it depends on your inspector and local tourist police how they will interpret it. Also you can be there with guests that are not on that list
Thanks Nikh. I am really struggling with this...I can't believe that not only can they limit us to the number of guests but the names may need to be submitted in advance!? This is unreal. We actually have our MFA approval and have paid our transfer tax. Does this make a difference. There must be other owners out there who can not get categorisation at the moment but does anyone know of this apparent restriction on usage of our own property? I would really appreciate any further advice or clarification on this as I'm finding it difficult to get my head around this. Regards Fed up!
Hi Bron I agree - it is absolutely scandalous that the authorities can restrict in this way. We have withdrawn totally from renting/visiting our house this year - but I notice there are still many properties being advertised on eg Holiday Rentals etc - so are these owners running the gauntlet or do they know something we don't? My MEP has finally responded to my complaint and asked for further info on the situation - I'm wondering if he will at some point play the non-EU card (therefore can't help) but will give it a try
yes there are many people who are still advertising their properties for rent and yes they are taking a huge risk,and they probable dont know even know they are breaking the law and if they do they think that they are above the law.
you are not the only ones in this position.. not that its much consolation.
The law states that. As a foreign citizen you cannot rent the property as a private individual. You must rent via a coatian company.
If you are a Croatian citizen then you can apply for and get catagorisation for a residential building and the Croatian private citizen does not need a company to rent the property.
if you apply for catagorisation via a croatian company then the property must be a commercial building or in a tourist zone.
If you are the owners of the property then you can stay in the property for as long as you want for a holliday, providing that you pay the touism tax. if you are planning to live in th property long term then you should apply for residential visa, which as you probable know is anothr minefield.
i have just added a catagorisation informtion page on my property management web site, and you are welcome to check it for updates www.istriaproperty-managment.com this i will try and update with any news when i get it
Thank you UPTHE VILLA for this clear information on the minefield of categorisation. I also think a lot of people don't know they are breaking the law...we didn't, but learnt the hard way! Now the situation seems to have gone from bad to worse if it really is true that they can actually limit us to the number of non paying guests (and who they are) that can stay in our own house? Can you shed any light on this madness? I hope you will say this is incorrect! Thanks a lot.
Surely a number of people advertise their properties for rent using their personal details but rent them thru their Croatian companies. We do this. We use our own names for advertising but rent, have our licence, invoice and pay taxes thru our Croatia company. Or are we missing something and this is now illegal?
Dear all, we are putting together a group of people in Istria that are affected with the categorisation problem. We already went to the Ministry of Tourism and informed them about the problem. Currently a lawyer from Pula is collecting as many affected property owners to form a big group that will together make pressure on the Ministry. If you like to join the group, please send me a message.
In addition, we are all writing letters to the EU comission about this topic and make them aware of the problem that EU citiziens cannot legally rent at the moment in Croatia.
@ Upthevilla: Could you please ask your 'friendly' contact at the opcina how the following is interpreted in its practical implementation? How are 'family' defined? How does one provide proof that they are family? etc. etc. How does one register family as distinct from the 15 guests permitted without categorization?
Boravak više od 15 osoba koje nisu članovi uže obitelji sukladno posebnom propisu kojim se propisuje obveza plaćanja boravišne pristojbe, u stanovima, apartmanima i kućama za odmor, u turističkim mjestima kojima je posebnim propisom razdobljem glavne sezone obuhvaćeno razdoblje od 15. lipnja do 15. rujna, u tom razdoblju smatra se pružanjem ugostiteljskih usluga građana u domaćinstvu.
This, as you probably know, is from the Hotel and Catering Law 2006 and as it says is applicable between 15 June and 15 September.
(Should add that this applies to private owners only those with a company owned property need the commercial building permit.)
O.K folks I can understand that this 15 guest thing could in theory be exploited but it really is in breach of article 8 right to private life. Please can someone explain it to me fully- does it include one's kids etc.
So if you go with your husband and 2 kids to your property and the property is in your joint name, do the 2 kids count towards the total quota of 15 guests, only leaving you with 13 guests who could stay between June and September? I really have not been following this properly sorry.
I should be able to have to stay with me who I like under Article 8 as long as they are friends/ close family, it should not be restricted. This is all nuts!
Hello,I have been following this topic for some time now and I think it would be useful to have the Clanak 32: "Boravak više od 15 osoba koje nisu èlanovi uže obitelji sukladno posebnom propisu kojim se propisuje obveza plaæanja boravišne pristojbe, u stanovima, apartmanima i kuæama za odmor, u turistièkim mjestima kojima je posebnim propisom razdobljem glavne sezone obuhvaæeno razdoblje od 15. lipnja do 15. rujna, u tom razdoblju smatra se pružanjem ugostiteljskih usluga graðana u domaæinstvu" translated properly by someone who is fluent in both croatian and english.As I understand it and what I got confirmed when translated into my language it says (short version): if you have more than 15 people ,who are not your close family ,in your estate in given period,it is considered commercial rental.So-if you have less people ,family or not-then you are ok!!! best regards,Remik