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The first law to control private holiday rentals in Andalucía has been approved. Owners who are already renting to tourists are now obliged to register the property on the vacation rental apartment 300x191 - How to register tourism properties in Andalucía‘Registro de Turismo’ as will any others planning to offer villas, apartments or rooms in their own home as tourist accommodation. However, the new decree has led to an influx of questions at the tourism department:

What is considered to be tourist accommodation?

Any building in Andalucía which is habitually offered as accommodation at a price fixed by the owner and which is advertised through tourism channels, such as travel agencies or online platforms. According to the Junta’s Tourism Delegation in Malaga, every property which is publicised on these portals and puts the owner in touch with travellers has to be registered as tourist accommodation. This does not, however, include tourist accommodation in officially designated rural areas, because this is already covered by an existing decree. Nor does the new regulation apply to owners who have three or more properties which are used as tourist accommodation but are within a radius of one kilometre. In their case, they are regulated by the ‘Apartamentos Turísticos’ decree, which has also been modified, under the sector regarding tourist complexes.
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This stunning rustic cottage built in the 18th century is located in Andalusia (Southern Spain), in the Montes de Málaga National Park (the nearest town is Colmenar, only 3 km away. The interior has been completely redesigned by current owner, Marina Curtis-Evans.

The farm has its own vineyard and is organic. It is full of character and charm, has been tastefully restored, has a warm, cosy atmosphere and is set amongst breathtaking countryside.

El Romeral 1 - El Romeral: Rustic cottage in the mountains of Malaga, Andalusia
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The Andalusian government has decided to prolong the approval of the Protection Plan for the Coastal Corridor of Andalucía for a further six months. This means more uncertainty for a large number of projects along the coast in Malaga province, which had been suspended as a preventive measure while the Coastal Plan was pending. The delay affects the plans for more than 2,000 properties, not including the 3,157 which Torrox council announced will not be affected by the plan because that is what they were told by representatives of the regional government’s Environmental Department at a meeting some weeks ago.

43548 709193 foto 725153 300x225 - Uncertainty over coastal housing projects along Malaga provinceWith this exception in Torrox, which still has to be officially confirmed by the Junta, the future of 2,129 homes is uncertain. More than half of these, 1,052 to be specific, are projects which had been planned in Estepona along a 500-metre stretch of land close to the beach. Under the initial Coastal Plan, construction of new properties on this site was banned on the basis that the land is environmentally valuable.

In recent weeks, representatives from the regional Environmental and Land Regulation Department have held meetings with some of the municipalities which could be affected by the plan, such as Torrox, and have tried to reassure the mayors and town planners by telling them it was possible that construction might not be banned on their land. However, not all of the local authorities were convinced by this verbal message.
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The minister of Tourism and Commerce, Rafael Rodríguez, announced last week the ‘III Plan de Calidad’, a project to regulate the use of properties rented to tourists, and which is expected to be approved in January.

holida rental in Andalucia  300x225 - New law to prevent illegal holiday rentalsThe aim of this new decree is to curb the amount of illegal rental properties in Andalucía and expose the black economy generated by illegal rental properties.

“The decree is important as much of the tourist industry is operating underground, illegally. This will bring it to the surface and prevent unfair competition and damage to legally operating companies,” explained Rodríguez.

The legislation will include several requirements that owners who ,rent property to tourists by the night or by the week, will need to meet. The key requirement will be that owners of these types of properties will need to be registered on the Registro de Turismo de Andalucía.
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The public prosecutor has signalled its intention to demand the demolition of 98 homes owned by British citizens in Albox, Almeria, which were built on non urban land and, allegedly, without the mandatory municipal licences.

Albox 300x243 - Courts to request demolition of 98 illegal homes in Albox, AlmeriaThe 98 homes are situated in the El Romeral-La Aljambra area and were constructed between 2004 and 2006 and, according to the courts, “are not legal because they do not comply with current planning laws in Albox”.

Two brothers, known under the initials J.F.A.H. and D.L.A.H., who were developers and builders of the residential complex, under various company names - Proyecto y Construcciones Almanzora SL, Procoal Villas SL and Empire Villas Sl - apparently built the homes on land not zoned for building and without a municipal licence and not only disobeyed an order to cease activity completely but continued to build more properties.
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