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An update on the Regulation of short term rentals in Andalucia

On February 2, 2016, the Government Board approved Decree 28/2016 which regulates properties with touristic purposes. It intends to facilitate the coexistence of all different types of accommodation.

The entrance in force occurs three months after the Decree publication in the Official Bulletin of the Junta of Andalucía.

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.

Application area it is understood as properties for tourism purposes all properties located on land for residential use that will offer, for a price, a hosting service within the Autonomous Community of Andalusia, periodically and for tourism purposes.

It is presumed that there is a regular basis and a tourist purpose when the property is commercialized or promoted through the tourist supply channel.

The tourist supply channels are: travel agencies, companies that intervene or organize tourist services and channels that include the possibility of reserving accommodation.

The following are excluded from the application area of the rule:

  • Properties that, for holidays or for tourist purposes, are provided without financial consideration.
  • Properties rented for a period longer than two months continuously used by the same person.
  • Properties located in rural areas.
  • Complexes composed of three or more properties of the same owner or operator that are in the same property or group of properties, adjacent.  

Types of properties for tourism purposes

  • Complete, when the property is completely provided
  • For rooms, where the owner lives in the same way.  

The maximum capacity of these will be limited according to the provisions of the Occupation License. When the property is complete, there cannot be more than 15 positions, and in the case of rooms, there cannot be more than 6 positions. In both cases, it can not exceed four positions per room.

What are the obligations of the owner or person who operates the property?

Registration in the Tourism Registry of Andalusia

At the beginning of the provision of accommodation services of the property for tourism purposes and to commercialize the property, the corresponding responsible declaration must be formalized before the corresponding tourism board. Once the property is registered, the registration code obtained must be indicated in all advertising or promotion carried out by any means. Registration is free.  

Formalization of the contract

All users at the time of reception will receive a contract that includes at least the following information:

  •  The name of the person or entity operating the property
  • The alphanumeric code of the inscription in the Tourism Register of Andalusia.
  • The number of people who will occupy the property
  • The dates of entry and exit
  • The total price of the stay
  • A phone number where they can be taken care of immediately.   

Conditioning of the house (Compliance with the requirements of tourist property: see the complete list at the end of this article).  

Identification of the user of the property with the purpose of completing the corresponding entry forms in accordance with current regulations.  

Provision of proof of payments for services and advances, made, if applicable.  

Penalty system

When an owner has started a tourist activity without presenting the declaration, it will be considered a clandestine activity, categorizing this activity as a serious infraction by article 71.1 of Law 13/2011.

In accordance with Law 13/2011, infractions classified as serious will be sanctioned with a fine of 2001 to 18,000 euros. As an accessory fine, they may impose the suspension of tourist services or the temporary closure of the establishment, if necessary, for less than 6 months

What are the requirements for the house?  

Properties for tourism purposes must meet the following requirements:

  • Have a first occupation license and comply at all times with the technical and quality conditions required for the properties.
  • The rooms will have enough direct ventilation to the outside or to patios and a system of darkening of the windows.
  • Be sufficiently furnished and equipped with the necessary equipment and accessories for immediate use and according to the number of available spaces.
  • 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 must have heating.
  • First aid kit
  • Provide tourist information, physical or electronic, of the area, leisure areas, restaurants and cafeterias, shops and supermarkets, parking near the property, existing medical services in the area, urban transport, area plan and entertainment guide.
  • All properties will have a Complaints and Claims Form available to users, and a sign that will inform them in a visible place within the property.
  • Cleaning of the property and entry and exit of new clients.
  • Bedding, general household items, depending on the occupancy of the property and a replacement set.
  • Provide users with a telephone number to assist and resolve inquiries immediately, any questions or incidents related to the property.
  • Have available to users, information and instructions of electrical appliances or other devices that require it for proper use.
  • Inform users of the internal rules related to the use of facilities, rooms and equipment on the property, as well as the admission and existence of pets on the property, restrictions on smoking and restricted areas.

Credits: howtobuyinspain.com

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1 thought on “An update on the Regulation of short term rentals in Andalucia

  1. GUADALUPE MORENO SEPELIS

    IS THERE NOT SOME LEGAL CONTRACT VIA GOOGLE FOR PEOPLE THAT RENT ROOMS TO KEEP THEM PROTECTED. IĹL TELL YOU WHY I AM IN A RENTED ROOM ON THE COSTA DE SOL(MARBELLA) WHICH IS NOT UNUSUAL IF YOU DON´T HAVE A PROPERTY. THE OWNER IS WELL OVER AGE AND SHE REFUSES TO GIVE ME A CONTRACT OR RECEIPTS FOR MY PAYMENTS. I COME SHORT WITH REGARDS TO GOVERNMENT ASSISTENCE BECAUSE "EL AYUDA DE ALQUILLER"2018-2021" HAS BEEN PASSED IN GOVERNMENT TO HELP YOU PAY YOUR RENT. BUT BECAUSE SHE IS WORRIED OF LOSING HER PENSION THAT SHE RECEIVES SHE WONT HELP ME..IT WOULD HAVE BEEN A HELP THE AYUDA DEL ALQUILER BECAUSE THEY ARE PAYING UP TO 40% OF YOUR RENT PROVIDING IT IS UNDER E400. WHERE DO YOU GO FROM HERE.
    (AS YOU STAND UP YOU FALL YOU CAN NEVER GET ON TO YOUR FEET BECAUSE THERE IS ALWAYS SOMETHING THAT BLOCKS THE WAY!)

    Reply

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