The Autonomous Government of Andalucian ( the Junta de Andalucia) has updated the requirements for Vacation Rental licences. The new law comes into force from 22 February 2024, and will be applied to properties already licenced, as well as applications for new licences.
Properties with existing licences have 12 months to comply with the new requirements.
If you have a property with a Vacation Rental Licence, or are looking at obtaining a licence for your property, you need to be aware of the new rules.
Public Interest
This is the biggest change since the initial introduction of Mandatory Vacation Rental licencing, which may impact the future of Vacation Rentals, as well as property sales.
Buyers of properties without existing tourism licence should take note of this, as it can impact their ability to obtain a licence, hence their plans to generate future income to finance their purchase.
Town Halls can limit the number of properties, or period of operation, in any building block, urbanisation, or area of a town; on the basis of overriding public interest and the well being of the residents.
Any new licence application made to the Junta de Andalucia, will be sent to the appropriate Town Hall, so that it can be checked against the local zoning rules and any restrictions applied to the area, or the building, by the Town Hall. The application may be rejected and hence there is no longer a guarantee that an application for a Vacation Rental will be successful.
It is expected this could add extra time to the issuing of licences, and as Town Halls can reject the application, this may have an impact on property sales.
Property Specification
Whilst previously much of these specifications were implied, there were many grey areas, which needed to be clarified, as well as important omissions from the requirements.
The new rules specify or clarify many subjects including:
- Space – Minimum of 14 SQM of living space is required for each occupant. This excludes terraces, balconies, or any outside areas, which means only the living space is considered in this calculation.
- Ventilation – Bedrooms and all living spaces must have direct access to fresh air. This means bedrooms, or living rooms, that do not have windows can no longer be used for rental. Historic and protected buildings are exempt from this requirement.
- Guests Number – Maximum number of 15 guests per property when rented as a complete unit, and 6 guests if rooms are rented individually.
- Bedroom Capacity – Maximum number of beds per room is set at 4, and only 1 bunk bed is allowed per room.
- Number of Bathrooms – Minimum of 2 bathrooms is required for properties with more than 5 beds, and 3 bathrooms for those with more than 8 beds.
- Furnishing – Properties must be sufficiently equipped and furnished for the number of guests that it is licenced for. The property must have a sufficient number of pillows, bed sheets, towels, blankets or duvets, crockery, cutlery, glassware, cooking pots, etc.
- Sheets and towels – Bedsheets and towels must be of reasonable quality and in good condition. They must be washed at 60C and tumble dried to comply with hygiene standards of all hospitality sectors.
- Maintenance – Equipment must be maintained in good order, and comply with the manufacturers guidelines for installation and maintenance.
Summary
The new law clarifies a number of areas in the original law, which were either vague or missing, but the new law will have a profound impact on the market for second homes and vacation rental properties.
On one hand, it is good for guests as they can now be more certain about the quality of the property, and it could have a positive impact for local residents that may be concerned about the overuse of local buildings for vacation rental.
On the other hand, the public interest section can create serious hurdles for those applying for new licences. This means buyer who are hoping to use their property to generate income to finance their purchase must take great care and exercise caution.
Contact us if you are looking at making a purchase of a property with the aim of using it for vacation rental, and we can provide you guidance and help in your decision making.