Junta de Andalucia Passes Law Regulating Tourist Property

16 February 2016

The much awaited decree is a welcome piece of legislation that clearly sets out the obligations of Landlords who wish to rent out their properties to tourists.

PROPERTIES EXCLUDED FROM THE LAW

Properties that are specifically excluded from the decree are those rented to the same user for a period exceeding two months, those where no payment is made, rural properties which are covered by another law and groups of three or more properties owned and managed by the same person.

PROPERTIES INCLUDED IN THE LAW

Properties covered by this Decree include those located in residential areas to be rented to tourists. It is understood that the owner of the property will be the person responsible to the Tourist Authority.

CAPACITY

Properties can be rented out wholly or by rooms with the capacity being limited by what is stated in the licence of first occupation. Maximum of 4 people in one room.

  • Maximum capacity for rental of whole property – 15 places
  • Maximum capacity for rental by rooms – 6 places

COMPULSORY REQUIREMENTS AND SERVICES

Each property to be rented should have the following:

a) Licence of first occupation;
b) All bedrooms must have direct ventilation to the exterior or a patio and have some form of system to darken the windows (blinds/shutters);
c) Be sufficiently furnished and equipped for immediate use by the number of places to be rented;
d) Heating and AC in the bedrooms and lounge;
e) First aid kit;
f) Tourist information about the local area including bars, restaurants, shops, leisure facilities, closest car parks, medical services, transport, plan of the area and guide to any local shows;
g) A complaints book and sign showing that complaints can be made and how;
h) Cleaning upon entry and exit of the clients;
i) Sufficient bedding with a replacement set available;
j) Telephone number to deal with any incidents or queries;
k) Manuals for the white goods and other electronic equipment;
l) Information about the internal rules of use of the facilities and equipment in the property, if pets are allowed and any restrictions on smokers;

CONTRACT

All tenants should receive a contract that includes:

1) Name of owner;
2) Cost of the rental;
3) Registration code with the Tourist Registry for Andalucia;
4) Number of people occupying the property;
5) Arrival and departure dates and times;
6) Telephone numbers of the parties to the contract;
7) Arrival form with identification details of tenants

PRICES & PAYMENT

1) To be advertised in Euros for nightly stays including provision of water, electric, heating, AC, clean on arrival with usage of bedding;

2) Price, deposits, terms and conditions and any penalties to be agreed between the parties and proof of booking to be provided;

3) In the absence of any terms and conditions, up to 30% deposit upfront and the balance on arrival with 50% penalty for cancellation and 100% penalty if cancelled within 10 days of booking;

REGISTRATION

Each property owner will be obliged to complete and sign a form issued by the Junta confirming they wish to rent their property to tourists, declare the property is appropriate for rental and that it complies with the requirements set out above. Once this form is completed the owner and property will be registered with the Tourist Registry of Andalucia.

If you would like us to assist with the registration of your property or prepare tailor made rental terms and conditions in English & Spanish contact Alex Radford by email to aradford@mylawyerinspain.com or telephone numbers Tel: +34 951 203 094 or if calling from the UK: 0845 508 2395

My Lawyer in Spain

Written by:
My Lawyer in Spain

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