Regulations on Holiday Rental Properties in the Autonomous Community of Andalucia


1. What tourism requirements must "holiday rentals" meet before being rented for the first time?

 

  1. They must be properties on residential land with an occupancy licence, where a single person can own or operate a maximum of two dwellings located in the same building or group of buildings (two or more buildings of one thousand metres or less from the concierge or operator's office).
  2. The property's maximum capacity is limited based on the terms of the occupancy license. When the holiday accommodation is booked in its entirety, there cannot be more than fifteen occupants and when the property is booked by room, there cannot be more than six occupants. In neither case can there be more than four occupants per room.
  3. Compliance with the technical and quality conditions required of holiday accommodations.
  4. Property characteristics:
  • There must be ventilation in the rooms. Bedrooms must have direct ventilation to the outdoors or uncovered courtyards and a window shading system.*
  • The property must have a cooling system (with fixed elements) in the bedrooms and living rooms from May to September and a heating system from October to April. **
  • The property must be furnished with the necessary electric appliances and supplies for the immediate use thereof, in accordance with the property's capacity.
  • There must be bed linens, bathroom linens and household items in accordance with the holiday accommodation's capacity, as well as a spare set.
  • There must be a first aid kit.
  1. There must be tourist information sheets (printed copies or on digital media) such as: leisure areas, restaurants, cafés, grocery and food stores, car parks near the property, local medical centres, local transport systems, map of the city and show listings.
  2. There must be official and unofficial complaint forms for travellers and they must be visibly displayed in the property.
  3. Travellers must be provided with information and instructions on how to properly use electric appliances and devices at the properly.

(*)(**) (not required when the dwelling or building thereof is classified as a Property of Cultural Interest and the level of protection prevents any manner of work, renovation or intervention necessary to meet this requirement)

 

2. From a tourism perspective, what additional requirements must a "holiday rental property" meet while being used as a rental?

  1. Properties must be rented in exchange for monetary compensation. In terms of prices, Article 32 of Act 13/2011, of 23 December, on Tourism in Andalusia, must be respected. The following must be specifically taken into account:
  • Both parties shall agree to on price, which shall be a nightly rate. This amount includes  water supply, electric power, heating, cooling, cleaning upon travellers' arrival and departure, bed linens, bathroom linens and household goods.
  • Issue an itemised invoice with the quoted or negotiated prices.
  • The operator must give travellers proof of payment for the services and advance payments, if any have been made.

In terms of booking, holiday accommodation must comply with the terms of Articles 7 and 8 of Decree 28/2016 + pdf icon, of 2 February, on properties used for tourism purposes and amending Decree 194/2010 + pdf icon, of 20 April, on tourism apartment establishments. The following must be specifically taken into account:

  • The operator must give travellers, upon their arrival, the contract, which must include the property owner's name, the alpha-numeric registration code at the Tourism Registry of Andalusia, the number of occupants who will be staying, arrival and departure dates, the total price of the stay and a telephone number to immediately receive assistance and resolve queries and incidents regarding the property. The operator must keep this document for one year and make it available to the relevant bodies of the Administration of the Regional Government of Andalusia.
  • The operator must fill in the arrival form with the traveller's ID, adhering to the regulations on log books, and the traveller arrival report, available here.
  • Arrival and departure times, reservations, advance payments and cancellation shall be negotiated by both parties. Failing this, the applicable system thereof is stated in Articles 7 and 8 of Decree 28/2016 of 2 February.
  • Handover of keys, cards and access passes to the common areas in the apartment block or residential development upon travellers' arrival.
  • The operator must specify how keys will be handed over if he/she is not present upon the traveller's arrival or departure.
  1. Conditions on the price, reservation, advance payments and cancellations must be stated in detail before completing a booking.
  2. Properties must be operated on a regular basis and for tourism purposes.
  3. Holiday accommodation can be booked in its entirety or by rooms. In the latter case, the owner must live at the property.
  4. Properties may not be rented to the same person for more than two consecutive months.
  5. The operator may not rent to more occupants than he/she can care for under the negotiated conditions.
  6. Access to the properties may not be restricted for reasons of birth, sex, religion, opinion or other personal or social circumstances.
  7. The property must be clean upon the traveller's arrival and cleaned upon his/her departure.
  8. Owners or supervisors must have a telephone for attending to travellers.
  9. Upon arrival, the owner must inform travellers of the internal rules of the common areas and how to work the appliances in the property. Furthermore, the owner must provide information on whether pets are allowed at the property, restrictions on people who smoke, as well as areas of restricted use.
  10. Final prices must be published.
  11. Registration numbers must be displayed on all documents.
  12. Appropriate maintenance on all property facilities and furnishings and the offered services must be performed.
  13. The operator must ensure traveller's security, privacy, peace of mind and comfort, ensuring the personnel treat them appropriately.
  14. Travellers must be informed clearly and unequivocally of any foreseeable risk possibly resulting from the rendering of services or from using the facilities, as well as the security measures adopted.
  15. The provision of services must comply with the contracted terms, any advertising and the terms of Decree 28/2016 + pdf icon of 2 February.
  16. The operator must collaborate with the Tourist Assistance Unit to resolve any complaints or conflicts that may arise with regard to the services provided and apply any improvements and best practices transmitted by said Unit.
  17. The administration must be provided with the information and documentation necessary to properly perform the duties entrusted thereto by law and regulations. Tourist inspection services shall be granted access when they perform their duties.
  18. Services must be rendered in conformity with the principle of sustainability and protection of the environment, historic heritage and culture and tourist resources of Andalusia.
  19. Prior to operations, the authorisations necessary in accordance with the terms of applicable sectorial legislation must be obtained.
  20. The following data must be made available to travellers in clear and unequivocal terms before formalising the contract:
  • The identifying data, fiscal identification number, address and other data that enable quick and direct communication.
  • The data of the entry at the Tourism Registry of Andalusia.
  • The applied general clauses and conditions, where appropriate, as well as the presence therein of clauses regarding the applicable legislation and jurisdiction of the contract.
  • The price of the service, when previously established or, if not, upon the user's request, or in a sufficiently detailed quote.
  • The main characteristics and conditions of the provision of the offered service, in objective and accurate terms.
  • The conditions of accessibility of resources, services and tourist infrastructures.

3. For tourism purposes, what procedure must I follow in order to rent out my "holiday rental property"?

Fill in the statement of compliance form for holiday accommodation:

  • Download the form here   if you have a digital certificate
  • Download the form here   if you do not have a digital certificate
  • Download the instruction guide for filling in the form here

Documents that must be submitted with the statement of compliance:

  1. Copy of the occupancy license or equivalent document.
  2. Deed for operating the property (property deed, leasing contract to use the property for tourism purposes, etc.).
  3. Copy of the property tax (IBI) or other document verifying the cadastral reference.
  4. The property owner's census certificate, if renting by room.

 

Submit the form via the following:

  1. Physically, by following the instructions in the guide, which is available here, in any of the following ways:
  1. At the Registries of the Territorial Delegations of Culture,  Tourism and Sport of the province to which the holiday accommodation pertains, any administrative body belonging to the Central State Administration, any administration of the Autonomous Communities or any of the entities that form part of the local administration if, in the last case, the relevant agreement has been signed.
  2. Post offices, preferably to the following address:
    • Territorial Delegation of Culture, Tourism and Sport of Almeria, Calle Gerona, 18, 04001, Almeria.
    • Territorial Delegation of Culture, Tourism and Sport of Cadiz, Plaza de Asdrúbal, 6, 11008, Cadiz.
    • Territorial Delegation of Culture, Tourism and Sport of Cordoba, Calle Vicotirano Rivera, 4, 14001, Cordoba.
    • Territorial Delegation of Culture, Tourism and Sport of Granada, Calle Marqués de la Ensenada, 1, 18004, Granada.
    • Territorial Delegation of Culture, Tourism and Sport of Huelva, Calle Jesús Nazareno, 21, 21001, Huelva.
    • Territorial Delegation of Culture, Tourism and Sport of Jaen, Calle Arquitecto Berges, 7, 23007, Jaen.
    • Territorial Delegation of Culture, Tourism and Sport of Malaga, Avenida de la Aurora, 47, 29002, Malaga. (Multi-purpose Building)
    • Territorial Delegation of Culture, Tourism and Sport of Seville, Calle Trajano, 17, 41002, Seville.
  1. At the electronic registry of the Regional Government of Andalusia, which is available here, if there is a digital certificate. The instructions in the guide, which is available here, must be followed.

 

4. What tourism regulations govern the rental of my property?

Laws:

Act 13/2011, + pdf icon of 23 December on Tourism in Andalusia: specifically Articles 24, 25, 26, 31, 32 and 66 thereof.

Decrees:

Decree 28/2016 + pdf icon, of 2 February, on properties used for tourism purposes and amending Decree 194/2010, of 20 April, on tourism apartment establishments: specifically Articles 1, 2, 3, 5, 6, 7, 8 and 9 thereof.

5. Exclusion of liability

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