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Leading Property Group Spain > Blog > Andalucia News > Home Owners in ANDALUCIA: How to register your property for tourist rentals…

Home Owners in ANDALUCIA: How to register your property for tourist rentals…

Holiday-tourist-rentals-in-andalucia

Holiday-tourist-rentals-in-andalucia

Owners who rent out their Andalusian homes to tourists now have less than three months to register with the local authorities or face stiff fines.

After posting an article regarding this matter back in February together with the tremendous response that it received, we have decided to publish the information below supplied to us by the firm of lawyers in Marbella, Martinez-Echevarria Abogados. Please by all means leave your comments and remarks which we will publish below. However, if you have pertinent questions about the new law or if you wish to engage the services of Martinez-Echevarria Abogados, please contact them directly, details of which can be found at the foot of this article.

In February 2016, after a long struggle, Andalusia finally passed its own regional holiday rental law in the wake of much upheaval. This article serves as a gentle reminder on this new law to all those landlords who are currently letting out property in the region of Andalusia or intend to in the near future. We strongly advise to heed the guidance we provide below and not to ignore this new piece of legislation. The fines for non-compliance are very steep (ranging from £1,500 to £115,000).

SHORT TERM HOLIDAY LETTINGS

The Decree 28/2016 which regulates the properties with touristic purposes enters into force on 11 May 2016.

The   object   of   this   decree   is   to   regulate   the   properties   that   offer   tourist accommodation services in order to guarantee a set of minimum standards and legal security for users.

Scope of application: It is understood as short term holiday lettings all the properties located on land for residential use which will offer, for a price, an accommodation service in the area of the Autonomous Community of Andalusia, on a regular basis and with touristic purposes.

Only those properties rented for a shorter period than two months used continuously by the same person.

The Law will be of application for those landlords owning in the same complex up to two properties. For three or more properties a different law will be applicable.

It is presumed that there is a regular basis and a tourist use when the property is marketed or promoted by means of touristic supply channel.

The  touristic  supply  channels  are:  travel  agencies,  companies  that  intervene  or organize touristic services and channels that include the possibility of reserving accommodation.

Obligations of the owner or person exploiting the property:

    1. Registration in the Tourism Registry of Andalusia;
    2. Contract adapted to the new Law;
    3. House conditioning (Compliance of the touristic property requirements);
    4. Identification of the user of the property with effects of completing the corresponding entrance forms in accordance to the regulation in force;
    5. Provision of the proof of payments of the services and down payments, made, if applicable.

Penalty System – When an owner has initiated a tourist use activity without  declaring it could be considered as clandestine activity, being categorized the said activity as serious infringement by Law 13/2011, and can be punished with fines from 2,001 to 18,000 euros, and the suspension of the tourist activity.

The firm of lawyers, Martinez-Echevarria Abogados in Marbella, would be pleased to advise you during the process of registration of your property at the Tourism Registry in Andalucia , as for example, submitting the documentation requested by the Administration or the preparation of the new contracts adapted to the Decree 28/2016.


INFORMATION NOTE: DECREE 28/2016, OF THE 2ND FEBRUARY, CONCERNING PROPERTIES WITH TOURISTIC PURPOSES AND MODIFICATION OF DECREE 194/2010 OF THE 20TH APRIL, CONCERNING THE ESTABLISHMENT OF TOURISTIC APARTMENTS

The 2nd February 2016, the Government Board approved decree 28/2016 which regulates the properties with touristic purposes, and intends to include this type of accommodation to the regulated offer and facilitate the coexistence with the rest of accommodation types.

Entrance in force: Three months after the Decree is published in the official Bulletin of the Junta of Andalusia.

Object: The object of this decree is to regulate the properties that offer touristic accommodation service in order to establish a set of minimum quality guarantees and security for tourism users.

Application area: It is understood as properties with touristic purposes all the properties located on land for residential use which will offer, for a price, an accommodation service in the area of the Autonomous Community of Andalusia, on a regular basis and with touristic purposes.

It is presumed that there is a regular basis and a touristic purpose when the property is marketed or promoted by means of touristic supply channel.

The touristic supply channels are: travel agencies, companies that intervene or organize touristic services and channels that include the possibility of reserving accommodation.

The following are excluded from the application area of the rule:

    1. Properties that, for vacation or touristic purposes, are lent without a financial consideration.
    2. Properties rented for a longer period than two months used continuously by the same person.
    3. Properties located in rural areas.
    4. Complexes composed of three or more properties by the same holder or exploiter that are located in the same property or group of properties, adjacent.

Types of properties with touristic purposes

a. Complete, when the property is provided completely

b. By rooms, where the owner lives in the same.

The maximum capacity of these will be limited as provided by the Occupation License. When the property is complete, it cannot be more than 15 positions, and in the case that it is rooms, it cannot be more than 6 positions. In both cases, it cannot exceed for positions per room.

Obligations of the owner or person exploiting the property

1. Registration in the Tourism Registry in Andalusia

At the beginning of the provision of accommodation services of the property with touristic purposes and to market the property, the corresponding declaration responsible before the relevant tourism board will have to be formalized.

Once the property has been registered, the registration code obtained will have to be indicated in all the publicity or promotion carried out by any mean.

The registration is free.

2. Formalization of the contract

All the users at the moment of the reception will be provided with a contract which includes at least the following information:

  • The name of the person or the exploiting entity of the property
  • The alphanumeric ode of the registration in the Tourism Registry in Andalusia.
  • The number of people that are going to occupy the property
  • The entrance and leaving dates
  • The total price of the stay
  • A telephone number where they can be attended immediately.

3. House conditioning (Compliance of the touristic property requirements, in following*);

4. Identification of the user of the property with effects of completing the corresponding entrance forms in accordance to the regulation in force;

5. Provision of the proof of payments of the services and down payments, made, if applicable.

 

Requirements for properties with touristic purposes:

Properties with touristic purposes must comply with the following requirements:

    1. Have a First Occupancy Licence and comply at all times with the technical and quality conditions demanded for the properties.
    2. The bedrooms will have sufficient direct ventilation to the exterior or to patios and a system of darkening of windows.
    3. Being sufficiently furnished and fitted with the equipment and fixtures necessary for the immediate use and in accordance to the number of spaces available.
    4. Air conditioning systems in bedrooms and living room for the period between May and September, both included. And for the period between October and April it must have heating.
    5. First aid kit
    6. Provide tourism information, physical or electronic media, of the area, leisure areas, restaurants and cafes, shops and supermarkets, car parks near the property, existing medical services in the area, urban transport, plan of the area and entertainment guide.
    7. All the properties will have a Complain and Claims Form at the disposal of the users, and a sign informing of the same in a visible place within the property.
    8. Cleaning of the property and the entry and leaving of new clients.
    9. Bed linen, household items in general, depending on the occupation of the property and a replacement set.
    10. Provide the users a telephone number to attend and resolve queries immediately, any consultation or incidence related to the property.
    11. Have at the disposal of the users, information and instructions of the electric appliances or other devices that require the same for the correct use.
    12. Inform users of the internal rules related to the use of the installations, rooms and equipment in the property as well as the admission and existence of pets in the property, restrictions for smoking as well as the restricted areas.

Penalty System

When an owner has initiated a touristic activity without presenting the declaration, this will be considered as clandestine activity, being categorized the said activity as serious infringement by article 71.1 of Law 13/2011.

According to Law 13/2011, the infringements classified as serious will be punished with a fine from 2001 to 18000 euros. As an accessory fine, they can impose the suspension of the touristic services or the temporary closing of the establishment, if necessary, for less than 6 months.

For further details please contact:

Martinez-Echevarria Abogados – Marbella, Málaga, Cordoba, Granada, Madrid & Portugal.

DAVID PEREZ
Real Estate & Legal Assistant
Tel +34 952 199 111
Mob +34 666 81 81 81
Parque Comercial Miramar, Av. Carmen Saenz de Tejada, Edf M S208 1º planta MIJAS COSTA (Málaga).

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3 comments on “Home Owners in ANDALUCIA: How to register your property for tourist rentals…

  1. Richard Pitts

    Thanks for this, but the question of advertising remains unclear. Other translations refer to apartments promoted through tourism channels. Leaving some of the opinion that accommodation not advertised is excluded from the need to register even if it is for rent.
    Tax liability is another subject.

    • As a portal, we have a few questions too and are contacting the authors of the article, answers of which we will post here.

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