Andalucian Holiday Rental Regulations
In 2016 Junta de Andalucia introduced new requirements for holiday rentals, and everyone went into a panic and as usual there was a lot of misinformation and rash judgements on a new piece of regional legislation, so let’s have a cool and rational review of this regulation.
Is this unique to Andalucia or across Spain?
Firstly those who do not live in Spain need to appreciate that Spain is the most Federal Estate in Europe after Germany. Each region has it’s own parliament and supplementary laws that are enhancement or additional requirements to the Federal law. Andalucia is a Autonomous Region just like Catalonia, Basque Region, Valencia, etc.
Junta de Andalucia governs from Sevilla and regulations are managed and decrees are approved by Andalucian Parliament. Like all Regional Laws they supplement National Federal Law. In this case Andalucia has introduced it’s own additional requirement just like Catalonia did in 2015. So the answer is “Yes this is a National Law” but the specific details do not apply across all Spain and is only applicable in Andalucia (for Catalonia or other regions you need to examine their Decree for details).
Why was the law introduced?
With the rise of house-sharing holiday rentals through portals such as AirBnB, we have seen big changes in the Tourism and Accommodation letting. The quality of these accommodations and indeed Holiday Rentals of any type varies enormously, with no standards set to protect the consumers for safety, service, and quality. Unsurprisingly Junta de Andalucia wants to manage the basic consumer expectations, provide protection, and safeguard the reputation of Andalucia as a holiday destination.
What properties covered by this law?
All rental agreement in Spain are regulated by Federal Law. For long term rental (anything longer than 2 months) the agreements will remain subject to the Urban Tenancy Act (Ley de Arrenamientos Urbanos 29/1994 & Ley Ley de Arrendamientos Urbanos (LAU) 4/2013).
This new law applies to short term rental where the property is owned by a private individual, namely anything from 1 night to 60 nights, which is really targeting Holiday Rentals.(Decree 28/2016).
The law applies to Properties located in Towns, Cities and Urbanisations but not Countryside (Rural Properties). Rural properties are covered under the terms of Casa Rural regulations. (Decree 20/2002)
What properties are not covered by this law?
The regulation applies to people who own up to 2 properties in the same complex or group of neighbouring buildings, as there is already a regulation in place to cover renting of tourist accommodation for landlords with 3 or more properties in the same complex/building which is covered under the terms of Apartahotels.
The law does not apply to Long-Term rental (anything longer than 2 months) which will continue to be subject to the Urban Tenancy Act. (Ley de Arrenamientos Urbanos 29/1994 & Ley Ley de Arrendamientos Urbanos (LAU) 4/2013).
Properties in Rural Areas or the Countryside are not covered by this as they are already taken care of within “Casa Rural” regulation. (Decree 20/2002)
What properties can be let under this scheme?
- Properties with the maximum capacity not exceeding 15 persons.
- Properties where maximum capacity does not exceed 4 persons per room.
- Properties that are let partially or per room whilst the owner lives on the premises (think AirBnB’s original short term house-sharing concept) but in this case the maximum capacity cannot exceed 6 and no more than 4 per room.
What does the property and owners have to do to comply?
Owners have 3 months to comply from the date the law is published on the Gazette (May 2016) and the property comply with the following:
- Legal Build – The property must have a (first) occupancy license if built after 1986. Properties built before this date do not need 1st Occupancy Licence as this licence was not required prior to this date.
- Energy Certificate – The property must have a valid and up-to-date energy certificate regardless of the age of the property.
- Local Contact – The owner must provide a contact phone number so that the guests can reach the owner or the person in charge of the property to resolve any issues that may arise during the stay. Phone number outside of Spain is not acceptable.
- Guest Registration – Guest details must be registered with the local authorities within 24 hours of arrival including the guests name, nationality, passport number, date of birth and copy of passport.
- Furnishing – The property must be sufficiently furnished and have all the apparatus required for immediate use.
The property must have bedding, linen and all the items necessary to be used (plates, cutlery, etc). - Cooling System – The property must have “fixed cooling elements” in the bedrooms and lounges when used from May to September; and must have fixed heating if used from October to April.
- Although the the law does not specifically explains what is meant by “fixed cooling elements”, you can reasonably presume that this relates to Air conditioning, but this is not specifically mentioned as such. This could also be a fixed ceiling fan or any non-portable cooling system. Heating must be wall-mounted and cannot be a portable unit for safety reasons.
- Heating System – Property must have heating if let from October to April. There is no mention about the manner in which this is to be provided so Dual-Mode Aircon, wall heaters, fireplace or other safe means of heating should suffice but portable heating devices are not permitted.
- Ventilation – Bedrooms must have external ventilation or lead on to an internal patio and must have some system to darken the windows (presumably shutters, blinds or curtains).
- First Aid – The property must have a first aid kit.
- Local Information – The property must provide information (printed or digital) about the area (entertainment, bars & restaurants, shops, supermarkets, parking, medical centres, public transport, street map of the town)
- Complaints Form – The property must have a complaints form which must be clearly advertised in the property. Complaint form is an official form which you can obtain from Junta de Andalucia. The existing laws require all commercial enterprises to make these readily available or make them available on demand to their customers.
- Cleaning – The property must provide cleaning upon Guests Arrival and Departure.
- Manuals – The owner must provide information on safe use of all appliances included in the property.
- Terms of Use – The owner must inform the tenants regulations governing the urbanisation, pets, smoking restrictions, etc.
Non compliance and fines
Property owner have 3 months from the date when the law is published in the Gazette. After this period has lapsed fines of up to €18,000 can be imposed on the owners. The reported fines of up to €150,000 is not based on this law and has nothing to do with the new legislation.
If you would like individual and personalised advice on this matter please contact us by using our contact page.
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