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Owners obligations and legal advice in the Costa del Sol, Andalucia. Spain

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 HERE.

Obligations of a landlord of a holiday property in Spain.

Marbella Book is unauthorized and can not claim to rise above the completeness or accuracy of information given below. We have therefore prepared this short guide in cooperation with ACM advisors from Malaga. We recommend that each owner or landlord informs himself separately about his personal situation with your accountant or lawyer.

Before you start to need to start your vacation rental property if they rent them from private to private or run as a commercial landlord an activity differ.

The letting of private to private.

For the rental of private to private (non commercial) it is necessary to sign a lease (see time) limited lease contract. Here, all information must be given how long the lease costs, etc. The rental payments will be made without VAT; however, rental income under the Income Tax Act in the Spanish tax office must be reported if they are tax reported here. If you are not registered for tax in Spain, they must specify the rental income with in your home tax authorities.

Commercial leasing.

I do not find any information if this law is now in place. Can you make an update please.

Andalusia approved this new law on the 3rd. of February 2016.
This decree comes into force on the 12th of May 2016, from which date all rental properties that fall within the scope of the new law must be registered.
An excellent and full description of the new decree can be found here

1 Like

Many thanks for the update and the link, Velvetredux. Even though we all knew this was coming I find it all quite daunting, particularly the requirements on guest registration and informing the police. And as for the complaints book and the “big notice” telling guests there is one, we’re all going to look like branches of Mercadona!

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