New holiday rental law in Andalucia – and how we can help

As most people know, on May 12, 2016 a new regulation about holiday rentals came into force in Andalucía

If you own a property which you offer for rent, you have to register it as a “Vivienda Turistica” (Touristic property) in the specific registry created by the regional government, otherwise your apartment will be considered as “clandestine” and you will face a fine of up to €18.000 – just for failing to register/

Which properties have to be registered?

Apartments, town-houses and villas situated on residential land which are habitually offered for rent at a fixed price. This applies to both properties offered completely or by rooms, but in the latter case the owner has to live in the property. So the key word here is “habitually”. The Tourism department of the Regional Government understands that a property is being offered for rent habitually when it is being advertised through tourism channels, such as travel agencies or online platforms. It is important to take into consideration that even if you do not use any of these channels to advertise your property, but you are renting out your property habitually, you still have to register.

Which properties do not need to be registered? 

Those houses which are rented for periods longer than two-months (to the same person) and those that are not being offered for rent habitually.

If you are renting your apartment for long term, this new regulation will not affect you in any way. If your property is on rural land it does not affect you.

What you need to have in the house:

1º) You need to check that your apartment comply with the following requirements:

• a) First Occupation Licence (“Licencia de Primera Ocupación”) and comply at all times with the technical and quality conditions required for the dwellings. You can not be registered without it.
• b) The rooms must have direct ventilation to the exterior or to patios and a system for darkening the windows. This requisite does not apply when the dwelling or the building in which it is located has been listed as Property of Cultural Interest and its level of protection does not allow carrying out any work, modification or intervention necessary to meet the requisite.
• c) Be sufficiently furnished and equipped with the necessary appliances and fixtures for its immediate use and in accordance with the number of places available.
• d) Cooling devices as fixed elements in the rooms and lounges when the period of operation includes the months from May to and including September. If the operating period includes the months from October to and including April, they must be equipped with a heating system. This requisite does not apply when the dwelling or the building in which it is located has been listed as Property of Cultural Interest and its level of protection does not allow carrying out any work, modification or intervention necessary to meet the requisite.
• e) First-aid kit.
• f) Dispose of tourist information on physical or electronic support concerning the area, leisure facilities, restaurants and cafeterias, stores and food shops, parking facilities in the vicinity of the dwelling, medical services in the area, urban transport, a plan of the locality and a guide of shows and performances.
• g) All dwellings must have Claims and Complaint Forms at the users’ disposal and the board informing on them must be located in a visible place inside the dwelling.
• h) Cleanliness of the dwelling on arrival and departure of the clients.
• i) Bed linen, hotel linen, household articles in general, in proportion to the occupation of the dwelling, and a replacement set.
• j) Users must be provided with a telephone number where all queries or incidents relating to the dwelling can be reported and resolved immediately.
• k) Information and instructions regarding the operation of electrical appliances or other devices as required for their correct use must be available to the users.
• l) Inform the users on the internal regulations concerning the use of the installations, premises and equipment of the dwelling and the admission and presence of pets in the dwelling, restrictions for smokers and areas of restricted use.

Be aware that when you sign the form “Declaracion Responsable”  (“Responsible Declaration) you are declaring that you are complying with all the above.

2º) You need to register your property on the “Registro de Turismo de Andalucia” (Andalusian Tourism Register). You can try to do this yourself, or you can use a lawyer who will file your application and will provide you with all the necessary advice. Once your registration application is approved, you will be granted with a Registry Number that you should include in any advertisement of your property.

3ª) Finally, you need to sign a contract with every tenant, even if it is for one night only, and you need to see a copy of their ID, details of which must be kept for one year together with the contract. You (or your agent) have to pass the details of every guest over 16 years of age to the Police or within 24 hours from the arrival of the guests. You can do this online, but you or your agent will need to visit the Police Office to obtain a username and password to log into the police website.

ATA can help you to register your property, advising you in detail of all requirements that need to be met and help you to achieve them.

Our fees for the registration will be €150 + VAT and will include all the necessary initial tax and legal advice related to this.