Tourism leases in Andalusia. What should we know?

Tourism leases in Andalusia. What should we know?

Touristic Lettings in Andalucía: What should we know about…

Touristic Lettings are significantly increased during the Summer. If you are one of those thinking about renting your property for touristic purposes in Spain, you should know what are the applicable law requirements.

Tourism in Spain is regulated by the Regional Autonomous Community (Comunidad Autónoma) where your property is located. In this post; we will focus on the Andalucia Autonomous Community Decree; Decree 28/2016 2nd February 2016, on lettings for touristic purposes.

To bear in mind that the aforementioned Decree is affecting only to lettings of residential dwellings no longer than two months. Therefore, if among your summer wishes is to rent your property for a longer period (over two months); the legislation applied to your lease will be the Law 29/1994, of November 24, on Urban Leases.

The Decree in Andalucia takes into consideration, your property to be rented only for touristic purposes, habitually and offered or promoted through commercial channels, e.g real estate websites or others that include the possibility of a booking accommodation.

Furthermore; your property should meet the following requirements:

  • To have an occupation license and to comply with the technical and quality requirements.
  • The rooms of the property must have direct ventilation to the outside or to patios and to have some system for darkening the windows.
  • The residential dwelling must be furnished and equipped with necessary appliances and equipment for an immediate use.
  • When the lease period comprises from May to September, these properties must have refrigeration as fixed elements in the rooms and lounges. When the period includes the months from October to April, both inclusive, they must have heating.
  • To have a first aid kit.
  • To have touristic information about the area (leisure sports, restaurants and cafes, shops and food stores, parking, medical services, urban transport, local map and local events guide).
  • To have accessible complaint forms placed visibly inside the property.
  • To have a cleaning service before the check in and after the check out for new users.
  • To have Bed linen, lingerie, household goods, etc, depending on the time occupation of the residential dwelling and also having a replacement of these.
  • To provide guests with a telephone number for emergencies and solving any queries or incidents relating to the house.
  • To have available information for the users the operating instructions for appliances or other devices that they require for a correct usage.
  • To inform about the internal rules regarding the usage of the facilities, units and equipment of the house, as well as, the admission or existing pets in the house, smoking restrictions or restricted zones in the house.

Lately and specially during the Summer; you should be aware of these residential lettings are highly controlled by the touristic inspectors depending on the Touristic Office for Tourism and Sports (Junta De Andalucia). These inspectors may impose fines that may go up to €150,000 for not registering your property accordingly.

Del Canto Chambers will advise you about the legal and tax requirements that these type of lettings are applied to your property; please contact us here.

Laia Fernández / Julio Prieto
Spanish Lawyer
Del Canto Chambers

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