1. How long is the Alcaidesa Marina lease and when does it finish?
Alcaidesa Servicios S.A. obtained the corresponding concession to build and run the Marina, by virtue of a Resolution of the Port Authority of the Bay of Algeciras (APBA), for a period of 30 years, therefore, the lease will expire in July 2037.
2. . Why only 30 years when other ports offer longer leases?
According to article 107 of the Economic System Act and the provision of services of general interest ports, Law 48/2003, of 26 November, all ports, which are under the authority of the State, have a maximum lease of 35 years, in our particular case the APBA considered 30 years best.
3. Does Alcaidesa Marina belong to the Public Company Ports of Andalusia (EPPA), today known as Public Agency Ports of Andalusia (APPA), agency of the Regional Government of Andalusia?
No, this port is under the jurisdiction of the Port Authority of the Bay of Algeciras which in turn is under the jurisdiction of the Ports of the State of the Ministry of Development. Therefore it is not governed by the Regional regulations, but rather national legislation. The EPPA is represented on the Board of Directors of the APBA by a Director.
5. Can moorings be bought or rented?
There are moorings for lease for exclusive and constant use, as well as moorings to rent for a day, a month or a year, up until January 2037, 6 months before the deadline for leases, as required by the terms and conditions of the lease.
6. Can a leased mooring be rented, sold or used by others?
The right of exclusive use may be transferred to a third party, provided they meet the conditions laid down in the contract, however, it cannot be rented out directly, and it can only be ceded with the prior authorisation of the Port. The moorings leased for exclusive use may be rented by the Port concessionaire, as the holder of the berth is entitled to 60% of the rental fee. Whilst the mooring is being rented by a third party, the lease holder does not have to pay taxes or occupation and maintenance costs.
7. When will the commercial areas of the Marina be finished?
Within the Marina’s facilities, in addition to those used for pleasure boating, the Port will have retail areas which will be developed in near future.
8. Can I rent a business site?
Yes, in principle it is thought that the business premises will be rented out. For more information, drop into our offices or contact us on (+34) 690 339 636 or (+34) 956 021 660, or if you prefer send us an e-mail via our website.
9. What types of business will be allowed in the commercial area?
There is an area for miscellaneous commercial purposes, named C1 near the town of La Linea not far from the border with Gibraltar with a floor area of some 15,000 m2 where there will be different types of shops and services. A second zone with a floor area of around 5,000 m2, for entertainment and restaurants facing the water and the docks for the bigger boats, and business premises of about 1,000 m2 around the dry dock to be used for specialist shops.
10. Do the moorings have water and electricity meters?
The berths have individual water and electricity meters, on which you can make prepayments.
11. What type of amperage do the 18 metre moorings have?
They have 32 A single-phase.
12. What are the annual costs of each mooring?
Approximate costs, including maintenance and occupancy rates are estimated at 21 €/m2 of net water surface and per year (excluding VAT). These maintenance and occupancy costs are included in the mooring rent and not in the exclusive use lease.
13. In the event of a foreign-owned vessel being docked for more than 6 months in our Port are taxes levied?
With regard to the SPECIAL TAX ON CERTAIN MEANS OF TRANSPORT, regulated by Law 38/1992, of 28 December, on Special Taxes, we must distinguish between the following:
- A person resident in Spain who uses the vessel in Spanish waters is obliged to register it in Spain and, provided that it creates a taxable event, must pay the registration tax.
- A person not resident in Spain who uses the vessel in Spanish waters is not obliged to register it and, therefore, does not have to pay the tax. We can help with processing the tourist registration, which is what exempts them from this tax.
- Vessels that are owned by non-resident natural or legal persons, although they are moored in Spanish ports, do not need to be registered in Spain and their owners do not need to pay the tax, unless the natural person becomes resident in Spain or the legal person becomes the owner of a Spanish business, or the vessel is used by a natural person resident in Spain.
In conclusion, the non-Spanish natural persons, owners of foreign flag vessels but from the EU, unless they spend more than 183 days in Spanish territory and unless the boat is going to be used by a natural person resident in Spain, do not need to register their boats in Spain and, therefore, do not need to pay the registration tax either.
14. What is given to the customer when they sign a lease for a mooring?
They are given a lease of exclusive use for the mooring, together with a plan of the berth in question, as well as a copy of the draft Port Rules (until the APBA gives its the final approval of these Rules).
15. Where is the Alcaidesa Marina located?
It is not situated in Alcaidesa but in La Linea de la Concepcion, in the Bay of Algeciras and near Gibraltar.
16. Are the moorings subject to property tax? In accordance with the provisions of Royal Decree Law 2/2004, of 5 March, which approved the revised text of the Law Regulating Local Taxes it is subject to this local tax.
17. Where are the Marina’s sales offices?
We are available at the Control Tower of the port. In La Linea de la Concepcion, Avenida Principe de Asturias, s/n, 11300. You can also contact us by calling (+34) 956 021 660 or (+34) 690 339 636 or by e-mail via our website.
18. If a foreigner wishes to buy a mooring in Spain, do they need any Spanish documentation?
Yes, they must have a Spanish Identity Number (NIE) when they register the lease of exclusive use of the mooring before a notary public.