Do you rent out property to tourists in Andalusia? Find out how the new 2016 holiday property rental law in Andalusia affects you and what steps to take.
On 3 February 2016 the Junta de Andalucía approved the controversial Holiday Rental Law for Andalusia (Viviendas con Fines Turísticos), which was published in the Official Bulletin of the Andalusian Government (BOJA) on 11 February 2016 (Decree 28/2016).
Landlords were given 3 months to prepare their paperwork for presentation before the decree came into force.
What does this mean?
From 12 May 2016 onwards, landlords of holiday rental accommodation are required to register their properties with the Tourism Registry of Andalusia.
What is a tourist rental property?
A property in a residential area regularly rented out to tourists, whether as a whole or by room, in exchange for money. As a landlord you can rent the property directly to tourists or lease the property to another person or entity to run the tourist rental activity on your behalf.
What properties are not considered tourist rental accommodation?
- Those in which no financial transaction takes place between the host and the guests e.g. allowing friends or family to stay in your property for free.
- Properties rented out for more than 2 months to the same tenant.
- Properties on rural land. These are governed by their own set of regulations (Decree 20/2002 of 29 January).
- A group of 3 or more properties owned by the same person or entity located in the same building or group of buildings. These are subject to the regulations governing tourist apartments (Decree 194/2010 of 20 April).
How can I rent my property out to holiday-makers?
Regardless of the type of rent, the maximum capacity is limited according to the property’s occupation licence and no more than 4 guests are allowed per bedroom.
Renting the Whole Property
- Maximum capacity of 15 people.
Renting by Room
- The landlord must also live in the property.
- Maximum capacity of 6 guests at a time.
Requirements and Common Services
- The property must have a first occupation licence issued by the town hall.
- The bedrooms must have direct outside ventilation, be adequately furnished, and have fixed cooling and/or heating systems depending on the months when the property is rented out.
- The property must be equipped with a first aid kit, useful information for tourists e.g. local shops, restaurants, health and transport services and nearby parking, official complaint forms and a visible sign saying these forms are available.
- The accommodation must be cleaned before and after each stay.
- The property must be equipped with sheets (and a change of sheets), adequate household goods (with instructions for appliances where appropriate) and furnishings.
- Guests must be provided with a contact number by which any enquiries or incidents concerning the property will be attended to immediately.
- Guests must be fully informed of the house rules.
Reservations, Payment & Cancellations
There are certain conditions that must be fulfilled when renting the property:
Holiday Rental Agreement
All guests must receive a document outlining the relevant information of their stay. It must include:
- The landlord’s name and contact number.
- The property’s registration number assigned by the Junta de Andalucía.
- The number of guests and their details.
- The arrival and departure dates.
- The total price of the stay.
The landlord must keep a copy of the signed holiday rental agreement for 1 year in case of inspection by the authorities.
Pricing & Payment
- The advertised price must be per night and all-inclusive.
- The price, booking, deposit and cancellation terms can be agreed by the two parties and must be stated in detail before the booking is confirmed.
- An advance payment as a deposit of up to a maximum of 30% of the total price of the stay may be requested.
- Guests must be provided with invoices for every payment made.
- If the guest cancels the reservation up to 10 days before the check-in date, the landlord is entitled to keep 50% of the deposit.
- If the guest cancels less than 10 days before the check-in date, the landlord can keep 100% of the deposit.
- If the landlord cancels the reservation up to 10 days before the check-in date, the deposit must be refunded in full.
- If the landlord cancels less than 10 days before the check-in date, the deposit must be refunded in full plus 30% of the total price of the stay as compensation.
- If a booking is cancelled due to events of force majeure compensation will not be due by either party.
Arrival and Departure Time
Arrival and departure times can be agreed between the landlord and the guests. Unless otherwise stated the default arrival time is set at 16:00 and departure at 12:00.
Registry Book and Traveller Registration Form
Due to security laws, it is compulsory for landlords to maintain a registry book with the names of all guests. This book must be kept for 3 years in case of inspection. Every guest over 16 must present proof of ID, e.g. passport or identity card, and complete an individual registration form upon arrival. The landlord must submit this information to the police (Guardia Civil) in person, via fax, email or online within 24 hours.
How to Register your Holiday Rental Property with the Tourism Registry of Andalusia
In order to register your property you must fill out a registration form called declaración responsable para inicio o ejericio de la actividad. Registration is free in Andalusia. If you have a good level of Spanish you can self-register here. If you don’t have a digital certificate then you can fill the form in on-line, print it and hand it in at your local Delegación Territorial de Turismo.
Once you have completed the form you can begin your holiday rental activity. Afterwards, you will receive a resolution stating whether you may continue with your rental activity or not. If your application has been approved you will receive an alphanumeric code like this one: VFT/HU/00000. You must make sure to include this code on all advertising of your holiday rental property.
Via Andalucía Lawyers
If you don’t know much Spanish, or you simply don’t want to deal with all the paperwork, we can register your holiday rental property on your behalf.
We’ll keep you informed about the entire procedure and all the documents required in order to submit the tourist rental property registration form.
Do you only rent your place out to holiday-makers every now and again? Tempted to risk it and not go through all that rigmarole? Don’t even think about it.
1) Minor offences will be sanctioned with a warning or a fine of up to €2000.
2) Serious offences will be sanctioned with fines between €2000 and €18,000. The fine may also be accompanied by the temporary suspension of tourist services or the temporary closure of the holiday rental property for up to 6 months.
3) Very serious offences will be sanctioned with fines between €18,000 and €150,000. The fine may also be accompanied by the temporary suspension of tourist services or the temporary closure of the holiday rental property or accommodation unit for anything from 6 months to 3 years.
Anyone who is sanctioned for very serious offences twice or more within 3 years and anyone causing serious damage to the tourism interests of Andalusia through their behaviour will have their holiday rental property closed and removed from the Tourism Registry of Andalusia.