Regulation

Coming in force: At the 11th May 2016, three months after the Decree is published in the official Newsletter of the Junta of 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). Spain-Holiday.com has not only been following this process closely with a vested interested for our homeowners and also as members of FEVITUR (Spanish Federation of Holiday Homes and Apartments Associations). Thanks to our long term experience in the tourism sector in Andalusia, we have also been in counsel with the Regional Government on the decree.

This regulation of the rental property industry in Andalusia is long overdue and follows in the wake of similar regulations implemented in regions such as Catalonia in 2014.

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.


Area of application: It is understood as short term holiday lettings all the properties lcoated on land for residencial use which will offer, for a price, an accommodation service in the area of the Autonomous Community of Andalusia, on a regular basis and a tourist 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.

Main purpose 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.

Obligations of the owner or person exploiting the property.

  • Registration in the Tourism Registry of Andalusia;
  • Contract adapted to the new law;
  • House conditioning (Compliance of the touristic property requirements);
  • Identification of the user of the property with effects of completing the corresponding entrance forms in accordance to the regulation in force;
  • 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, beingcategorized 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.

We would be pleased to advise you during the process of registration of your property at the Tourism Registry in Andalusia, as for example, submitting the documentation requested bt the Administration or the preparation of the new contracts adpated to the Decree 28/2016.


120

plus VAT

legalize your holiday rental

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WE PROVIDE YOU WITH A DOSSIER WITH ALL DOCUMENTS YOU WILL NEED FOR YOUR FUTURE APPLICATION

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AT the start of 2015, the Junta de Andalucia aims to pass new legislation to regulate the short-term rental market, raising standards for tourists and requiring owners to register apartments and declare earnings.

Since 2012, changes to regional laws regarding residential tenancies have given rise to a legal vacuum in the holiday-home rentals market in Andalucia, leaving owners wondering about the legality of their situation and holidaymakers at risk of letting sub-standard accommodation with no straightforward right of recourse.

The Junta de Andalucia’s Minister for Tourism, announced that an agreement had been reached to introduce a regulation for private holiday rentals in Andalucia. In January, this year, the Tourist Board announced that a round table of tourist professionals would sit down to discuss the possibility of introducing regulations in Andalucía and today he confirmed that an agreement had been made.

A decree would be in place and regulations introduced within six months (August 2014), this date was moved to November 2014. This is the first time Andalucía has recognised Viviendas de Uso Turistico (homes for touristic use), although it already recognises Viviendas Rurales (rural holiday homes).

We understand owners will have the opportunity to rent out their home as a whole, or offer individual room occupation. It may also include an agenda for cave homes (casas cueva). The legislation will cover short-term rentals of up to one month. Longer term rentals will still be covered by the LAU (Ley de Arrendamientos Urbanos).

In response to calls from the hotel industry, and as a guarantee to keep quality standards high, the Junta de Andalucia will create a register of properties, which will be controlled for their quality and to ensure that homes meet the requirements, as set out in the decree. You must register your property, failure to do so, will result in fines of up to 150,000 €.

As in most regions, you will need to present your licence application and ‘Declaración Responsible’ (sworn statement) in the local tourist department. We understand there is no cost to process your application, although it’s possible that your local ayuntamiento ‘town hall’ will charge a fee for an opening licence or registration.

Update 19/06:: The draft decree has been shared online. It’s not the final version, but we’ve included a round-up of some of the most important points owners and managers will need to take note of:

  • Viviendas de Uso Turístico may rent accommodation on a room-by-room basis. They will be registered under the title: Vivienda Turística por habitaciones
  • Viviendas de Uso Turístico may rent accommodation on a room-by-room basis. They will be registered under the title: Vivienda Turística por habitaciones
  • If you offer this type of accommodation in an urban area, you may use the title: Bed & Breakfast
  • You can offer a maximum occupancy of 15 guests
  • The accommodation must be fitted with air conditioning in the living area and bedrooms and if you are renting out your property between October and April, it must also be fitted with heating, that maintains a temperature of 19 degrees
  • You must offer a changeover cleaning service in between each guest occupation
  • Your property must offer a free internet service
  • On arrival, your guests must be given a document (in contract format), which includes: owner’s name, property manager details (if applicable), your inscription number if the Registro de Turismo de Andalucía, number of guests, check in and out dates and total price
  • You must also keep receipts and proof of payments for each guest occupation
  • All proof of payments and guest contracts (above) must be kept and made available to the Junta de Andalucia or government administration office (e.g. Hacienda) when requested
  • Your prices should be advertising on a per night basis and include: water, electricity, heating, fridge, cleaning and bed and bath linen
  • You must send a confirmation of booking to every guest, which includes total price of stay, including any extra charges and deposit
  • You may ask for up to 30% of the total due as a booking deposit and a finance deposit on key collection
  • Cancellation policy: Cancellations with 10 days of the arrival date will have to 50% of the total cost, anything over 10 days, you are entitled to keep the deposit only.
  • An inspection of your property will be carried out during the application process.

The draft decree seems to be focusing much more on ‘how’ you run your business, rather than the quality. Of course there are a lot more points included, which are standard across all regions. As soon as we have a confirmed decree and introduction date, we’ll translate all the necessary requirements in full.

Here you will find the download of related documentation.

draft decree for Viviendas de Uso Turístico in Andalucia.

Adobe Acrobat Document [83.9 KB]

DOWNLOAD

Andalucia Tourism Law 13_2011 of 23 December.

Adobe Acrobat Document [211.0 KB]

DOWNLOAD

Adobe Acrobat Document [83.9 KB]

Decree on rural housing in Andalusia.

DOWNLOAD

Documento Adobe Acrobat [370.4 KB]

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