From 11th of May 2016 a new regulation came into force in Andalucía in connection with holidays rentals.
The law was approved on the 22nd of February 2016 and regulates the rental of Properties to tourists.
The objective is to put a stop to people trying to get away with undeclared rentals and thus avoid unfair competition with hotels and other tourist resorts that declare their income.
It will also ensure that there is a minimum standard of quality and complies with health and safety regulations.
For owners who wish to rent their property (holiday rentals) they must register them at the Tourism Registry of Andalucía before letting them out.
Although if refurbishing works are required in order to comply, these can be completed in the term of 1 year.
PERSONS AFFECTED BY THIS LAW
Property owners who offer a tourist service and advertise their property by internet or other marketing systems such as travel agencies or real estate agents etc.
WHO WILL NOT HAVE TO COMPLY WITH THIS REGULATION
The Owners of the following properties will not have to comply with this law as they are subject to a different legislation.
- Properties that are occupied during the holidays without payment of any rent.
- Properties rented for more than 2 months to the same tenant.
- Properties located in rural areas.
- Properties in the same block (3 or more) owned by the same person which shall be regulated by a specific legislation.
TYPE OF RENTAL
- Rental of the whole Property – The property is fully rented out and it cannot have more than 15 occupants.
- Rental of part of the property – This is applicable when the owners live in the property and rent it partially. In this case there should not be more than 6 occupants.
REQUIREMENTS TO BE MET FOR RENTING YOUR PROPERTY FOR HOLIDAY RENTALS IN ANDALUCIA.
- Registration of occupants by the owner.
- The property must comply with the existing planning regulations for the use of short lettings.
- It must meet technical requirements regarding ventilation, air conditioning, furniture, etc.
- A first aid kit, brochures, instruction booklets, etc will have to be made available to the occupiers.
- There is an obligation to provide tourist information of the area, have a complaints book, and telephone contact for incidents.
- Specific reservation and cancellation terms are applicable to the holiday rental.
REGISTRATION AT THE TOURISM REGISTRY OF ANDALUSIA
Before renting your property out as a holiday home in Andalucia you have to first register your property at the Tourism Registry of Andalusia.
You need to sign a document with the particulars of the property and the owner and confirm that it meets the requirements set out in the law.
The property will be assigned a registration code which must appear in all the publicity that is made of the property.
FINES
If you rent your property as a holiday rental and it is not registered at the Tourism Registry or does not comply with all the requirements set out in the law, you as the owner can face fines which could go up to 150.000 Euros.
AGREEMENTS OF THE COMMUNITY OF OWNER THAT AFFECTS THE HOLIDAY RENTAL
Also since March 2019 the community of owners can adopt agreements by majority of 3/5 of the owners, to limit or condition the exercise of the tourism rental housing activity. Also with this majority the community of owners can resolve to increase the community fees of these apartments up to 20 % of the existing fees.
BAN OF SHORT LETTINGS BY THE COMMUNITY STATUTES
If there is a specific ban in the statutes of the community of owners of the building where the property is located, to the carrying out of any commercial activities in the residential property, the short holidays rent cannot take place. This issue has been the subject to various resolutions of the Spanish Supreme Court of 2023 and 2024 who has ratified that if the statutes foresee a clause banning the carrying out of a commercial activity in the property, and the short holiday lets is considered a commercial activity, this cannot take place.
This means if you are considering investing in a property within a Community of Owners and you intend to carry out short holiday lettings, before parting with any monies towards the purchase, a search has to be carried out to see in there is a ban in the statutes of the community to the carrying out of commercial activities, as if this exists, the aim of your investment will be completely frustrated, especially as the change of such rule in the statutes need unanimous approval by the owners of the community.
DATE WHEN REGULATIONS FOR HOLIDAY RENTALS CAME INTO FORCE
The regulation came into force on the 11th of May, 2016. The new changes are in force from the 21.02.2024. From then on, all properties that are going to be used as holiday rentals in the province of Andalucia must comply with these regulations.
If you intend to rent your property as a holiday rental, our office can assist you in the compliance required.
We will assess your property and inform you of all requirements that need to be met by the legislation, documentation needed and arrange for registration at the Tourism Registry.
CHANGES IN THE REGULATIONS FOR HOLIDAY RENTALS DECREE 31/2024 29.1.2024
From 22.2.2024 a new regulation came into force which affect the Holidays Rentals in Andalucia:
The following properties cannot be used for holidays rentals: official protected properties (VPO), properties considered as out of order (AFO), unless an express authorization is granted by the Local Council and properties where the community statutes or regulations prohibits the activity of tourist accommodation.
Local Councils can establish limitation to the number of houses for holidays rental use in a certain area, sectors or periods.
The property does not need to have the First Occupation License, however the dwelling must comply with the urban planning regulations which has to be confirmed by the applicant of the license –
The application for the license has to be made by the person or company that manages the tourist accommodation, who will be responsible before the authorities that all requirements are met and that the services are correctly provided.
Owners must declare in advance the period during which their property will be used for tourist purposes and cannot offer the services outside of this period.
New Requirements of the dwelling, occupation and household:
The minimum surface area in the cadaster of the property must be 14 m2 per guest and minimum built surface of main use 25 m2.
The number of occupants has not changed, if fully rented it cannot have more than 15 occupants and if only part of the property is rented there should not be more than 6 occupants. The maximum guests per bedroom are 4 with maximum 1 bunk bed. If fully rented there can be two convertible places in the living -room
The property must have two bathrooms if the occupants are more than five and three bathrooms if the guests exceed 8.
Exterior ventilation for bedroom and living room with specific requirements for kitchen and bathroom
Ai conditioning and heating which does not have to be a fixed installation but can be provided by a mobile machine.
First aid kit and in the kitchen some type of smoke detector has to be installed or a fire extinguisher.
Detailed explanation of the requirements to be met as far as furniture and kitchen gadgets are concerned.
Services for occupants.
Telephone contact number for 24 hours, information about local and community rules, detailed receipt of payment.
Finally, the owners that have a property registered for holiday rental have now a grace period of one year to comply with all the new requirements. Also, within a period of 6 months they have to present a declaration informing of the period the property will be used for holiday rental.
Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution.
Rafael Berdaguer
Lawyer within the firm
Rafael Berdaguer Abogados based in Marbella, Spain.
www.berdaguerabogados.com
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