The New Regulations for Holiday Rentals in Andalucia
Everything That Rental Owners Need To Know
After three years of waiting, the Andalusian local government (Junta de Andalucía) has finally published the decree to regulate holiday rentals in Andalucía on 11th February 2016.
The law will be put into operation from 11th May 2016. Owners operating a holiday rental in Andalusia must register their home as tourist accommodation, under the category, Vivienda Con Fines Turísticas,in the Registro de Turismo de Andalucía at this time.
There has been no time frame given upon when owners have to begin registration after May 11th however it is widely believed that fines will begin very soon after for anyone unregistered who is found advertising their property to guests.
Taxes will be paid in the annual Declaración de Renta (Tax Return) to Hacienda (Tax Office) but owners should check with their accountant/gestor.
Having written extensively on this subject over the last few years, Louise Brace is one of the leading name in Spanish holiday rentals and writes for us about everything you need to know.
It’s free to register and the process is simple.
The Andalucia Holiday Rentals Registration Process
Although the Andalucia decree does not come into vigor until 11th May, you can start preparing the paperwork now. You will need to fill in the online application form (Declaración Responsable) that is already available, although your registration will not be processed until 11th May.
The application form should be completed online (you’ll need your NIE/NIF/CIF to access the virtual office) and then sent via one of the following channels:
- If you have an electronic signature (firma electrónica) you can register completely online. You can also ask your lawyer or gestor (administrative company) to register for you. However, the application must be made in the owner’s name (with a representative included).
- Or take your form to the Regional Tourism Department (Delegaciones Territoriales de Cultura, Turismo y Deporte).
- You can also present your application at the post office (correos).
Inspections
An inspection of your property will be carried out once your completed application has been submitted. Inspections will start approximately 2-3 weeks after the 11th May. If you are an owner abroad, your representative will be contacted to organise the inspection. The inspector will ask to see your documentation, so make sure you have everything prepared.
One year to make structural improvements
There is a point in the decree that states if a property does not meet the structural requirements as set out, owners have one year to make improvements. It’s not clear what type of structural changes, and if you can continue renting it out while you are undergoing renovations. This will need to be checked at your regional tourism department, or during the inspection.
Registration number
Once you have been assigned a registration number it must be visible in all advertising of the property. This decree clearly states that it is only for properties that promote their holiday homes via tourism channels i.e. travel or holiday rental agencies, booking websites, or under a ‘travel’ section in an offline publication or media.
Any property promoting itself as ‘tourist accommodation’ will be considered illegal, if it doesn’t follow the registration process and will be subject to a fine.
During the application process you’ll be asked to present the following information
- Property details, including the referencia catastral (land registry reference), which you can find on an IBI receipt.
- Licence of First Occupation (Licencia de Primera Ocupación) or the Certificate of Occupancy (Cedula de Habitabilidad).
- Property owner details, including an address where notifications can be sent.
- Details of your representative, if you have a person or company managing your property.
Owning multiple properties
If you are an owner of multiple properties within the same building or complex. An owner can be an individual or business, your properties must then be registered under the category: Apartamentos Turísticos.
Property requirements & criteria
Only properties situated on suelo residencial (residential land) can can register.
If your property is situated in the medio rural i.e. a natural zone – forest, farmland, river, or countryside, then you should register as a Vivienda Turística Alojamiento Rural
There is a quality score system, with a minimum quality standard of ‘3 Keys’.
Owners can register under one of the following categories:
Completa:
- You rent the property as a whole
- Maximum occupancy of 15 guests
- Owners can’t live there at the same time
Vivienda turística por habitaciones:
- You offer single-room occupation
- You must live there at the same time as the guest occupation
- Maximum occupation of 6 guests
- You may use international terms, such as bed and breakfast. If you offer breakfast, or any other service, you should check the implications of charging VAT (IVA) and possible health and safety regulations.
The maximum duration of any guest is two months. After which, your property would be considered a long-term rental, obliged to follow the LAU (Ley Arrendamiento Urbano).
Accommodation should be adequately furnished for the maximum guest occupancy. And adequate bed linen and towels made available for the same, plus one extra set.
A changeover cleaning service must be carried out between each guest occupation. But owners are not obliged to offer additional mid-stay cleaning.
Properties that are rented out during the summer months, between May to September, must be fitted out with a cooling system i.e. air conditioning, or similar, in the bedrooms and living area. Similarly, if you rent your property out between October and April, must be fitted with a heating system.
(We will try to get a list of acceptable ‘cooling systems’ and ‘heating systems’ as soon as possible)
All bedrooms must have direct ventilation to the exterior i.e. windows or patio/balcony doors. Windows must be fitted with a system to obscure daylight i.e. curtains, shutters, etc.
Your holiday home must be equipped with a medical kit available.
Holiday homes must offer tourist information about the local region, including a map, plus details of parking, medical clinics and hospitals and local transport options.
Guests must uphold the rules and regulations of a community or urbanisation. Failure to comply with these rules will give owners the right to ask guests to leave with 24 hours notice.
You may not decline any guest based on race, sex, colour, or personal or social circumstances.
Contracts and Pricing
On or before arrival, your guests should be given a basic contract setting out: owner or property manager details, check in/check out dates, number of guests, your inscription number in the Registro de Turismo de Andalucía, total cost of their stay and a 24 hour emergency number.
Onsite you must provide an official complaint form for guests.
On check in you must take a copy of the identification document for each guest i.e. passport, driving licence, or national ID card. A copy of this must be registered with the local police. You must check with your local police station, or ayuntamiento (local council) as to how this should be supplied if you are not onsite to deliver directly.
Check in and check out times are at your discretion. It’s recommended to allow check in from 4pm and a check out time of 12pm.
Copies of user manuals and guides for electrodomestics and electrical appliances must be available onsite. And when possible guests should be shown how to use each appliance, Wifi, etc. on arrival.
Owners should also include a set of rules for the home i.e. pets, smoking, etc. Along with the regulations of the community or building, in which the property is situated.
You must keep all guest contracts and proof of payments and make them available to the Junta de Andalucia, tax office (Hacienda), or any other government administration office for the period of one year.
Rental rates must be advertised on a per night basis and include: water, electricity, cooling and heating costs, fridge, cleaning (before arrival), bed linen and towels.
On receipt of payment you must send a confirmation receipt to the guest.
On booking confirmation, you may ask for a maximum deposit of 30% of the total cost, plus a finance deposit on key collection. If the booking is for the minimum of two nights, you can ask for 100% payment in advance.
Cancellation Policy
Cancellations giving 10 days or more notice from the arrival date, will be subject to 50% of the deposit. Cancellation within 10 days of arrival are subject to 100% of the deposit.