Andalucia’s new holiday rental law explained

As of February 11, 2016 the houses in residential areas, which are used as holiday rentals will have a period of three months to be registered in the Registry of Tourism of Andalucia and a term of between 6 months and 1 year to conform to the necessary requirements.

On February 11, 2016 the Junta de Andalucía published a newsletter concerning the new law, which is aimed at regulating the homes located in residential areas that are utilized as holiday rentals. They are doing it in order to protect the people who use tourist services to offer a high standard of tourism in Andalucia.

What houses are affected by this legislation?

All properties situated in residential land which are offering habitation, lodging, for the purpose of revenue from tourism.

It is understood that a property is rented for habitation when it is marketed or promoted through tourism channels.

Houses excluded from the Decree:

– Those that are rented without payment (NB: IMPORTANT)

– Those that are rented by the same person for more than two months sequentially

– Those located in rural areas.

– Three or more dwellings belonging to the same person or promoter, which are located in the same building or in a group of adjoining properties.

(All of the above have their own specific regulations).

What requirements and services are needed for the properties to comply?

Properties used for tourism must comply with the following requirements:

a) Provide license of occupancy and comply at all times with the technical conditions and quality control in place.

b) The rooms will have ventilation directly to the exterior or to a patio and a system for excluding visibility through the Windows.

c) They will be adequately furnished and equipped with the number of appliances and utensils needed for immediate use and according to the number of persons renting.

d) Fixed cooling elements in the bedrooms and living area when the period of rental includes the months May to September. If the rental period includes the months; October to April there must be heating.

e) First Aid Kit

f) Tourist information available in physical or electronic form, about the area, entertainment, restaurants and cafes, shops and food stores. The closest parking to the property, existing medical services in the area, urban transport, plan of the area and entertainment guide

g) Complaints and Claims sheets and poster for the same in a conspicuous place inside the house.

h) Cleaning of the house at the start and finish of new clients.

i) Sufficient Bedding, linen and household goods in general, according to the occupancy of the apartment and replacement sets.

j) Provide the clients with a telephone contact number so that any questions or problems related to the property can be resolved immediately

k) Provide the clients with information and instruction booklets on how to use the electrical goods or other items that may need a guide for correct usage.

l) Inform users of internal rules regarding the use of facilities, out houses and housing equipment, as well as admission and presence of pets in the home, restrictions on smokers as well as areas of restricted use.

Where do you have to go to register the property?

You have to go to register to the town hall.

What will happen when someone does not comply with this Decree?

You will incur in administrative liability.

Penalty system will be as stated in Title VIII of Law 13/2011 of 23 December, which provides for fines of between €2,000 to €150,000.

The responsibility of administration is that of the title-holder of the tourist activity (owner) without prejudice for the actions that may be applicable

You can find the information in the following link.

http://www.juntadeandalucia.es/boja/2016/28/6