What is the short term rental regulation in Andalusia?
Our local partner, Caroline, is working at the biggest law office in Andalusia and gives us an update on short term or tourist rental regulation in Andalusia.
The 2nd February 2016, the Government Board approved decree 28/2016 which regulates the properties with touristic purposes. It intends to facilitate the coexistence of all the different accommodation types.
Entrance in force
Three months after the Decree publication in the official Bulletin of the Junta of Andalusia.
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.
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:
- Properties that, for vacation or touristic purposes, are lent without a financial consideration.
- Properties rented for a longer period than two months used continuously by the same person.
- Properties located in rural areas.
- 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
- Complete, when the property is provided completely
- 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 four positions per room.
What are the 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 code 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: see the full list at the bottom of this article).
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.
6. 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.
What are the requirements for the House?
Requirements for properties with touristic purposes
Properties with touristic purposes must comply with the following requirements:
- Have a First Occupancy Licence and comply at all times with the technical and quality conditions demanded for the properties.
- The bedrooms will have sufficient direct ventilation to the exterior or to patios and a system of darkening of windows.
- Being sufficiently furnished and fitted with the equipment and fixtures necessary for the immediate use and in accordance to the number of spaces available.
- 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.
- First aid kit
- 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.
- 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.
- Cleaning of the property and the entry and leaving of new clients.
- Bed linen, household items in general, depending on the occupation of the property and a replacement set.
- Provide the users a telephone number to attend and resolve queries immediately, any consultation or incidence related to the property.
- 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.
- 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.
Source: 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
Do you want to get in touch with Caroline, our legal partner in Andalusia, or another legal partner in another region? Ask our network of local partners for an introduction and benefit from the power of our network.