Registration Form in English for new Holiday Home Rental Law in Andalusia

Due to popular demand, we have created a guide in English to filling out the registration form - the "responsible declaration" to register a property in the Andalusia Tourism Register (Registro de Turismo de Andalucia) 

To recap from our previous article on the new Law affecting holiday home rentals, the Decree 28/2016 comes into effect on 12th May 2016.

ALL properties that are rented out for short term holiday rentals, as per the terms outlined in the Decree, must be registered in the Andalusia Tourism Register referred to as the RTA

How to Register

To register a property for holiday rentals, you must fill out a form - a declaration of responsibility (declaracion responsable) - to self-certify that the property is to be rented out for holiday rentals and adheres to the requirements of the Law. 

This form must be filled out either to start rental activity or to make modifications to the registration such as data relating to their classification, companies and establishments.

The presentation of the declaration of responsibility will be sufficient to register in the RTA and entitle the property owner to rent out the property for holiday rentals without prejudice.

There are essentially 2 ways to register:

1. Online registration 
2. In person 
3. By post mail

1. Online Registration (with digital certificate)

The online version of this form 002057/4/A05DR “Declaración responsable para el acceso o ejercicio de la actividad” is available in the Virtual Office of the Junta de Andalucia

To complete the entire registration process online, you will need a digital certificate issued by the Junta de Andalucia. Further information is available here on digital certificates in Spanish.

2. Registering in Person

Without a digital certificate, the only option is to present the registration form in person, either by the property owner, or your legally authorised representative, at the Department of Tourism (addresses below)

You can either choose to submit it in person in any of the Department of Tourism or by sending it using postal mail.

To gain access to the online version, input your NIF/CIF/NIE.  Thankfully, there is a save feature to this 7 page form so you can partially complete it and return to it by re-logging in with your NIF/CIF/NIE.

Once you complete your Declaracion Responsable, you will be able to print it and submit your application. The CTC Number of Registration will be automatically generated and it could be used as a provisional Registration Number until the Junta approves your licence.

Remember to print two copies, one for the authorities (or to send it using your nearest post office) and the other for your own. If you choose to send it by postal mail, don't close the envelope until you arrive at the office as they have to stamp both copies of the form to state the date when you are sending your application form.

The completed document should be presented at any Department of Tourism (Consejeria de Turismo) at the “Direccion General de Calidad, Innovacion y Fomento del Turismo”. The addresses for each municipality are at the end of this article.

The form must be filled out in Spanish.  The English guide is only orientative.

The registration process does not require a lawyer however, as with all legal matters, it is recommended that you consult with a lawyer or gestor.

Timeframe

The timeframe for the Junta de Andalucia to process the form and issue the Registration Number is two weeks.  However, you may begin rental activity from the moment you present the form to the Junta.

Although it is possible to fill out and present the declaration of responsibility before 12th May 2016, it is unclear at the time of writing whether registrations will be processed before that date or, more than likely, after that date.

Of particular interest

There are 2 points of particular interest that are worth pointing out:-

1. The Decree in its original Spanish version makes reference to the "entidad explotadora" which seemed to be causing some misunderstanding to what it means exactly in Spanish, as well as being difficult to translate into English.  

We have contacted the Junta de Andalucia and can clarify the following:-

• The "entidad explotadora" would translate into the "Operator" in English which is a little vague.
• It actually refers to the company or individual who invoices for the services provided, in this instance, the rental of a holiday home
• If a property owner rents out his/her property directly to the holidaymaker and invoices them, then he/she is classed as the "Entidad Explotadora" - the Operator
• If the property is managed by a rental management company and they invoice the holidaymaker, then in this instance the rental management company would be considered the "Operator"
• The "Operator" therefore does not automatically refer to the property/rental management company that is the key holder and point of contact in Spain.
• This point is important since the Law states that 3 or more properties of the same owner or operator that are located in the same building or urbanisation are exempt from this Law regarding holiday home rentals and are instead regulated by the Law 194/2010 regarding "tourist apartments"

2. The second point of particular interest refers to Section 4 on page 3 of the form.  

This section refers to the type of tourism activity relating to the property and offers two choices - renting out the entire property or room only. 

• The online version of the form only allows you to choose one option.  Therefore, this would suggest that you must choose to rent out the entire property OR by room only but CANNOT choose to offer the property for holiday rental for both options.
• On this point, it is worth referring back to Article 5.1.b of the Law 28/2016 which states the owner must reside in the property if it is rented out by room only.

Andalusia Tourism Register form for Holiday Rental Properties IN ENGLISH

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Departments of Tourism in Andalusia