Update: Regulation of private holiday rentals in Andalucia

Update on the situation in Andalucía as of 27th October 2014

The Junta de Andalucia’s Minister for Tourism, Rafael Rodriguez, announced that an agreement had been reached to introduce a regulation for private holiday rentals in Andalucia. In January, this year, the Tourist Board announced that a round table of tourist professionals would sit down to discuss the possibility of introducing regulations in Andalucía and today he confirmed that an agreement had been made.  

Mr Rodriguez said a decree would be in place and regulations introduced within six months (August 2014), this date has now been moved to November 2014. This is the first time Andalucía has recognised Viviendas de Uso Turistico (homes for touristic use), although it already recognises Viviendas Rurales (rural holiday homes). 

We understand owners will have the opportunity to rent out their home as a whole, or offer individual room occupation. It may also include an agenda for cave homes (casas cueva). The legislation will cover short-term rentals of up to one month. Longer term rentals will still be covered by the LAU (Ley de Arrendamientos Urbanos).

In response to calls from the hotel industry, and as a guarantee to keep quality standards high, the Junta de Andalucia will create a register of properties, which will be controlled for their quality and to ensure that homes meet the requirements, as set out in the decree.  You must register your property, failure to do so, will result in fines of up to 150,000 €.

As in most regions, you will need to present your licence application and ‘Declaración Responsible’ (sworn statement) in the local tourist department. We understand there is no cost to process your application, although it’s possible that your local ayuntamiento ‘town hall’ will charge a fee for an opening licence or registration. 

Update 19/06: The draft decree has been shared online. It’s not the final version, but we’ve included a round-up of some of the most important points owners and managers will need to take note of:

  • Viviendas de Uso Turístico may rent accommodation on a room-by-room basis. They will be registered under the title: Vivienda Turística por habitaciones
  • If you offer this type of accommodation in an urban area, you may use the title: Bed & Breakfast
  • You can offer a maximum occupancy of 15 guests
  • The accommodation must be fitted with air conditioning in the living area and bedrooms and if you are renting out your property between October and April, it must also be fitted with heating, that maintains a temperature of 19 degrees
  • You must offer a changeover cleaning service in between each guest occupation
  • Your property must offer a free internet service
  • On arrival, your guests must be given a document (in contract format), which includes: owner’s name, property manager details (if applicable), your inscription number if the Registro de Turismo de Andalucía, number of guests, check in and out dates and total price
  • You must also keep receipts and proof of payments for each guest occupation
  • All proof of payments and guest contracts (above) must be kept and made available to the Junta de Andalucia or government administration office (e.g. Hacienda) when requested
  • Your prices should be advertising on a per night basis and include: water, electricity, heating, fridge, cleaning and bed and bath linen
  • You must send a confirmation of booking to every guest, which includes total price of stay, including any extra charges and deposit
  • You may ask for up to 30% of the total due as a booking deposit and a finance deposit on key collection
  • Cancellation policy: Cancellations with 10 days of the arrival date will have to 50% of the total cost, anything over 10 days, you are entitled to keep the deposit only.
  • An inspection of your property will be carried out during the application process
The draft decree seems to be focusing much more on ‘how’ you run your business, rather than the quality. Of course there are a lot more points included, which are standard across all regions. You can read the draft decree for Viviendas de Uso Turístico in Andalucia here. As soon as we have a confirmed decree and introduction date, we’ll translate all the necessary requirements in full.