New Regional Tourist Law for Andalucia

13 June 2024 | Tags: , , , ,

In this blog and video, we discuss the new Decree 31/2024, issued on 29th January, which introduces significant changes to tourism regulations in the region.

Decree 31/2024, dated 29 January, introduces significant changes to the regulation of tourist accommodation and hotels in Andalusia. This law aims to balance tourism development with community coexistence and the protection of urban and natural environment.

Join Alex and his colleague Patricia as they delve into the specifics of this new law, its aims, and its impact on property owners and tourists alike.

Key Points Covered:

  • Purpose and aims of Decree 31/2024
  • Changes in registration requirements for tourist properties
  • The role of local urban planning regulations, what is an Asimilado Fuera de Ordenacion?
  • The process of obtaining a tourist license
  • Updates to the tax obligations for non-residents
  • Future developments and new Andalusian tourist laws

Among the main changes, new requirements are established regarding opening and operating licenses, along with increased accessibility and sustainability standards. Owners of tourist accommodation must meet stricter quality and safety standards. Additionally, measures are implemented to prevent tourism saturation in sensitive areas and to promote environmentally friendly practices. This decree strengthens inspections and penalties to ensure compliance with the new regulations, thus guaranteeing a more regulated and higher quality tourism offer, benefiting both residents and visitors in Andalusia.

Exempt from the law are unpaid stays as well as long-term rentals over 2 months.

The main changes include requirements that the property should meet such as a minimum surface area of 14 m² per bed to obtain a license, two bathrooms if the number of beds exceeds five, three bathrooms if the number exceeds eight. As well as ventilation in kitchen and bathrooms along with Hot & Cold AC. Additional provisions include 24-hour phone service and good behaviour rules. The regulation refers to an annex for other requirements, such as having a first aid kit, installing smoke detectors near the kitchen, or having a fire extinguisher.

The new decree prohibits “assimilated to out of order” (Asimilado Fuera de Ordenacion) or properties with an AFO licence from being registered as holiday rentals.

Andalucia follows the national trend where licenses lapse upon sale, requiring new owners to reapply, aiming to curb speculation and fraudulent licensing.

The decree grants Town Halls authority in tourist rental matters, including the ability to impose limitations for reasons of general interest with clear and unequivocal criteria. Municipalities can set limits on the number of vacational properties per building, neighbourhood, area, or period, with publicized criteria.

Registration is simplified, declaring the housing suitable for tourist use in compliance with urban regulations is part of the declaration, which is then verified through information exchange with municipalities.

If your property is already registered, you have to update the registration with details of any local company supporting you and the period within which you wish to rent out the property. This must be completed by 22 August 2024. If you intend to rent your property, do not delay in registering as Town Halls in the future may limit the amount of properties in your area that can be used for tourist purposes.

If you found this information helpful, stay informed and make the most of your home in Spain and travels! Contact the team at My Lawyer in Spain if we can assist with your property rental matters.

My Lawyer in Spain

Written by:
My Lawyer in Spain

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