Holiday home rental in Andalucia
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.
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 (B&B) – 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 out your property for holiday rentals in Andalucia
- Registration of occupants by the owner.
- The property must have first occupation license.
- 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.
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.
DATE WHEN REGULATIONS FOR HOLIDAY RENTALS CAME INTO FORCE
The regulation came into force on the 11th of May, 2016. 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.
Lawyer within the firm
Rafael Berdaguer Abogados based in Marbella, Spain.
Copyright © 2016 Rafael Berdaguer Abogados All Rights Reserved