If you are thinking of renting your property this summer for tourism purposes or even buying a flat for holiday rental, it is important to know what are the requirements and documents needed for tourist rental dwellings in Andalusia.
At Ódice Abogadoswe will help and guide you through the process of registering your property in the Register of Tourist Apartments in Andalusia for so, prevent you from breaking the rules and being sanctioned.
Andalusia Tourist Apartments Register
The application for a holiday rental licence or the registration of the property in the tourist flat register will be two of the most important aspects of legalising your holiday flat.
In Andalusia, you will be able to do this by room -the owner must reside in it-, or by complete unit -if it is transferred in its entirety-. To do this, you must make sure that the property in question has cédula de habitabilidad or licence of first occupation.
In the same way, the Junta de Andalucía requires, among other requirements that we will see below:
- To have the licence of first occupation or certificate of occupancy.
- Formalise a responsible declaration.
- Register the property in the Andalusian Tourism Register.
Applying for a first occupancy licence in Andalusia
This document - issued by the City Council - certifies that the dwelling complies with the habitability requirements and has been built or refurbished according to the technical aspects set out in a previously approved execution project; therefore, it must be requested once the works have been completed.
Without this document, you will not be able to carry out the contracting of supplies, nor obtain the tourist licence without which you will not be able to legally register the accommodation.
Formalising the responsible declaration in Andalusia
By means of this document, the owner declares that he/she fulfils the requirements demanded by the regulations for tourist accommodation in Andalusia. In this declaration, both the details of the property (cadastral reference and capacity of the property) and those of the owner must be stated.
Registering the property in the Andalusian Tourism Register
Once the formalisation procedure has been completed and the responsible declaration has been presented to the Andalusian Tourism Register, the dwelling is registered, receiving a Registration code that must be attached to any type of promotion of the dwelling.
Comprehensive management of registration in the Andalusia Tourist Apartments Register.
At Ódice Abogados, we carry out legal advice in relation to tourist rental in Andalusia and we take care of all the administrative processes necessary to register your property in the Andalusian Tourist Apartments Register.
Can I rent out my property as a holiday home if I usually live there?
Yes, in this case it would be a dwelling for tourist purposes for rooms.
However, it should be borne in mind that, as provided for in the Department of Tourism, Regeneration, Justice and Local Administration of the Regional Government of Andalusia.-Not all dwellings can be used for tourism purposes, and those that fall into the following categories are excluded:
- Dwellings which, for holiday or tourist purposes, are transferred without financial consideration.
- Housing hired for more than two months continuously counted by the same user.
- The dwellings in rural areaswhich, if they are intended for tourist accommodation, shall be governed by the provisions of Article 48 of the Law 13/2011 of 23 December and by the Decree 20/2002, of 29 January 2002, on Tourism in the Rural Environment and Active Tourism, and must be constituted as a rural house or as a rural tourist accommodation dwelling (VTAR) and only in the event of not being able to comply with the requirements of these two figures may it be constituted as a dwelling for tourist purposes, with the limitations of not being marketed as rural accommodation.
- The groups consisting of three or more dwellings or flats owned or operated by the same personwhich are located in the same building or group of adjacent or non-adjacent buildings (within a radius of one kilometre), and are subject to the regulations on tourist flat establishments, regulated in the Decree 194/2010, of 20 April 2010, on tourist flat establishments.
Requirements for tourist dwellings in Andalusia
The requirements for dwellings for tourist rental purposes in Andalusia are defined in Article 6 of the Decree 28/2016 of 2 February 2016 on housing for tourist purposes.
- Licence of first occupation.
- Rooms with outside ventilation or courtyard access.
- Vivienda suficientemente amueblada.
- Cooling and heating in bedrooms and living rooms.
- First aid kit.
- Tourist information.
- Complaints and claims forms, together with a notice board.
- Cleaning on arrival and departure of new customers.
- Bed linen and kitchenware.
- Customer service telephone number.
- Information and instructions for household appliances.
- Informing users of internal rules.
- Comply with accessibility requirements, dimensions of corridors and rooms.
- Register in the Andalusian Tourism Register.
You can complete this information through the Department of Tourism, Regeneration, Justice and Local Administration of the Regional Government of Andalusia..
Do you need to apply for a Tourist Licence in Andalusia?
The large influx of tourists in Andalusia has made holiday rentals one of the most prosperous business models. However, as we have seen in this article, there are different procedures and fundamental requirements to be able to register your property in the tourist flat registry.
For this reason, we recommend qualified legal advice capable of managing the necessary procedures in compliance with current legislation. At Ódice Abogados, - tourist rental lawyers in AndalusiaWe, experts in Real Estate Law, will study your case in detail to provide the best solutions.