The New Holiday Property Rental Law in Andalusia

After three years of waiting, Andalusia has announced its new regulation for the tourist accommodation in the Official Bulletin of the Andalusian Government (BOJA).

The entire Decree can be found in full here (in Spanish), but here is a summary of the most important points of this decree and the conditions required to register your holiday home.

A tourism channel is considered to be travel agencies, intermediary companies or those that provide tourist services and/or channels that include the possibility of making a reservation.

Excluded from this decree:

a) Homes that have guests where no financial transaction has taken place.

b) Dwellings contracted for more than two months continuously by the same tenant (long-term holiday rentals).

c) Homes that are located in rural areas (these are governed by Article 48 of Law 13/2011 of 23 December and Decree 20/2002, dated 29 January, Tourism in Rural and Active Tourism).

d) A group of properties consisting of three or more dwellings with the same owner, which are located in the same building or in neighbouring urbanisations or buildings within a 1km radius (these will be classified as Touristic Apartments and will be subject to Decree 194/2010 of 20 April).

 

What types of properties can be rented for tourism purposes?

a) A property in its entirety. The maximum capacity will be limited by the license of occupation, but may not exceed 15 people, with a maximum capacity of 4 people per room.

b) A room only.  The owner must also reside in the property. You can use an internationally recognized name (eg. Bed & breakfast, etc.). The maximum capacity will be 6 people with a maximum of 4 people per room.

 

What are the requirements?

1. a) Having an occupational license and complying with technical conditions and quality requirements for housing.b) Having direct external ventilation or via a patio and having a window shading system (a means of darkening the windows either by blinds or curtains).c) Being sufficiently equipped and furnished for immediate use.d) Having fitted air conditioning units in all bedrooms and lounge areas that provide cooling (if rented from May to September) and heating (if rented from October to April).

UPDATE: With regards to the air conditioning, the Regulations does expand on this point to state that properties are exempt when the property or building is classified as “of Cultural Interest” and where modifications and/or building work is prohibited.  

e) Having a fully stocked medical kit.

f) Providing information about local amenities, i.e. shops, restaurants, nearby parking, medical services, public transport, etc.

g) Having a Complaints and Claims book and sign .

h) Cleaning the property prior to the arrival and after the departure of new customers.

i) Supplying bedding, towels and household goods in general, as well as spare sets.

j) Providing a contact number to be available to answer questions or issues regarding the property.

k) Supplying information and instructions for electrical appliances.

l)  Informing users of the property rules in relation to the use of facilities, pets or smoking restrictions.

How to register a home in the Registry of Tourism of Andalusia

1. a) The homeowner must submit a statement to the Ministry responsible for tourism, confirming the property is in accordance with all the requirements of the decree. Once submitted, the property can be rented out with immediate effect. The minimum content of the statement of responsibility will include:- Property details including cadastral reference and the maximum capacity as stated by the license of occupation;- Information about the property owner, whether an individual or a company, including contact address for notifications;

b) The registration number of the property assigned by the Registry of Tourism of Andalusia must be indicated in all promotional materials or advertising of the property.

c) The Registry of Tourism of Andalusia must be notified of any changes in circumstances such as changing to long term rentals.

Deadlines

a) The Decree was published on 11th February 2016.   Registration opens 3 months after this date, which supposedly would make it 12th May 2016, for registering a property in the Registry of Tourism of Andalusia.

b) Homeowners have one year to comply with the requirements of fixed air conditioning and heating units as required in the property.