After years of debate, the Junta de Andalucía (regional government) has finally passed Decree 28/2016 for properties that are rented out as tourist accommodation around the region.
Under the regulations, property owners must register the holiday homes, meet requirements and hold a license. If they do not comply, they will be subject to inspections and large fines.
Adam Neale, of Terra Meridiana, which offers property for sale and to rent, explains the rules: “The decree, which comes into force in May 2016, just in time for the tourism season, aims to regulate the thousands of transactions between owners and tenants who rent properties for their holidays every year.
“The basic presumption to determine whether a property is being rented for tourist accommodation under the terms of the law is when it is marketed through typical tourism promotion channels, such as travel agencies, tour operators, or for short-term holiday rentals on websites.
“The new law applies to all kinds of dwellings in residential areas that are rented on a regular basis to tourists. But it does not cover those located in rural areas, nor complexes of three or more units that are owned or managed by the same person and located within the same building or group of buildings, both of which are already covered under other legislation.”1
Property owners must comply if they rent out individual rooms in a larger property to different tenants and if they let an entire property to the same tenant, subject to a maximum licensed occupancy of 15 people.
Defined by the law, tourist accommodation agreements are for short-term lets and financial gain. Therefore, the new regulations do not apply for rental periods of over two months with the same tenant, or if the property is rented without any money being exchanged (for example, if your friends/family stay in the property while you’re away).
To be granted a license of occupation by the local town council, property owners must meet a series of requirements that ensure any holiday home rented to tourists has:
- Exterior ventilation – for example, a window in every bedroom and sitting room.
- Air-conditioning – with cool air in the summer and heat in the winter.
- Furnishings to legal standards.
- Cleaning services.
- Complaint forms.
- A first-aid kit.
- Tourist information.
- A document that provides tenants with instructions and rules regarding the use of the property.
An individual rental contract will be required for every tenancy, although both parties can freely agree the terms and conditions. However, owners will be required to make their terms public in advance. In instances where specific terms, such as check-in times, are not specified by the contract, the provisions of the new law will be applied.
Before marketing holiday rentals, owners must provide a statement of responsibility to the Junta de Andalucía, declaring that they are in compliance with the requirements of the new decree. Once this is complete, the Junta will register the property with a unique number, which must be included on all publicity for the property.
After the laws are enforced in May, any property owners that rent out holiday homes to tourists without complying with the law will be liable to fines between €2,000-€18,000, or even up to €150,000 for serious breaches.
Neale reports that most clients of his firm come from the European Union, mainly the UK, Ireland, the Netherlands, Germany, Belgium, Italy and France, as well as from further afield, such as Russia, the UAE, USA and Morocco. Most clients are seeking a main residence or second home.
If you have moved to Andalucía or have a holiday home there and plan to rent it out to tourists, remember that as of May this year, you must comply with the regulations stated above.
Recently, we detailed the many rules that regulate the holiday rentals sector in Spain. Find out about the laws in your area here: https://insuremyvilla.com/blog/2016/02/the-rules-of-renting-out-a-spanish-holiday-home/
And remember: it is always important to protect your home with Overseas Property Insurance.