New Law for Holiday Lettings on the Costa Del Sol
In line with many other regions in Spain, the Andalusian government has published a decree to regulate holiday rentals in Andalusía. The law will come into effect from 11th May 2016, after which time all owners who advertise their holiday home as tourist accommodation must register in the Registro de Turismo de Andalucía.
Here is a summary of the most important points of this decree and the conditions required to register your holiday home.
Requirements
a) Having an occupational license and complying with technical conditions and quality requirements for housing.
b) Having direct external ventilation or via a patio and having a window shading system (a means of darkening the windows either by blinds or curtains).
c) Being sufficiently equipped and furnished for immediate use.
d) Having fitted air conditioning units in all bedrooms and lounge areas that provide cooling if rented from May to September and heating if rented from October to April.
e) Having a fully stocked medical kit.
f) Providing information about local amenities, i.e. shops, restaurants, nearby parking, medical services, public transport, etc.
g) Having a Complaints and Claims book.
h) Cleaning the property prior to the arrival and after the departure of new customers.
i) Supplying bedding, towels and household goods in general, as well as spare sets.
j) Providing a contact number to be available to answer questions or issues regarding the property.
k) Supplying information and instructions for electrical appliances.
l) Informing users of the property rules in relation to the use of facilities, pets or smoking restrictions.
Once your registration is submitted you will be issued with a license number which must be displayed in all advertising of the property.
Deadlines
a) The Decree was published on 11th February 2016. Registration opens 3 months after this date, which supposedly would make it 11th May 2016, for registering a property in the Registry of Tourism of Andalusia.
b) Homeowners have one year to comply with the requirements of fixed air conditioning and heating units as required in the property.
Who is legally accountable to the Administration and the tenants?
The homeowner is considered to be legally accountable to the administration and holidaymakers, unless otherwise stated.
How do you organise the process of renting, pricing and handling the reservations?
a) All holidaymakers must receive a document, by way of contract, which specifies the homeowner, the registration number with the Registry of Tourism, the holidaymaker’s details, the start and end dates of their stay, the total price of the stay, and contact number. b) All holidaymakers must present their identification document so that the homeowner can register their data according to the norms of registry of travellers in hotels and similar. c) The arrival and departure times will be by mutual agreement between the homeowner and the renter. Unless otherwise stated, the arrival time will be at 16:00 and departure time at 12:00. d) Upon arrival, the homeowner must provide keys and/or access cards to the entire compound, as well as information about the use of appliances and the rules of the community. e) The advertised price has to be by night (THERE IS NO MINIMUM OF NIGHTS) and it must include the costs of the use of water, light, cleaning and bedding. f) The terms of price, reservation and payment shall be established between the two parties, however, they must be stated in detail before the confirmation of the booking. Proof of advance payments must be provided, if applicable. g) The homeowner may request an advance payment as a deposit up to a maximum of 30% of the total price unless previously agreed. h) If the renter cancels their reservation up to 10 days beforehand, the homeowner may keep up to 50% of the deposit. If the cancellation is made with less than 10 days to spare, they may keep the entire advance payment. i) If the homeowner cancels the reservation up to 10 days beforehand, they must return the entire advance payment to the renter. If the cancellation is made less than 10 days beforehand, they must compensate the renter with 30% of the price of the contracted stay.
If the rental is cancelled by either party for substantiated reason or force majeure, no compensation will be due
Sanctions
All properties that are not registered or have not filed a declaration of responsibility and are being rented out for tourism purposes, could be fined up to 180,000 euros. Also, any property that does not meet the requirements of this Decree may also be fined.
