Spain's new holiday rental rules: what you need to know
New regulations have been introduced for tourist accommodation rentals in Spain's Andalusia region.
The rules, passed by the Andalusian regional government on 2nd February 2016, concern properties that are rented as tourist accommodation across the region. The decree will come into force in May 2016, just in time for the tourism season, and aims to regulate the thousands of transactions between owners and tenants who rent properties for their holidays every year.
They require property owners to register and meet requirements for renting out property, hold a license, and be subject to inspections - or face large Fines.
Does it apply to me?
The basic way to determine whether a property is being rented for tourist accommodation is whether it is marketed through typical tourist promotional channels, such as travel agencies, tour operators, or for short-term holiday rentals on websites such as Airbnb, Terra Meridiana or HomeAway.co.uk.
The new law applies to all kinds of dwellings in residential areas that are rented on a regular basis to tourists - but it does not cover those located in rural areas. Complexes of three or more units that are owned or managed by the same person and located within the same building or group of buildings are also exempt(both of these are already covered under other legislation).
The rental of individual rooms within a property to different tenants, or the letting of an entire property to the same tenant, will both fall under the new law, subject to a maximum licensed occupancy of 15 people.
The law, however, only applies to short-term rentals, i.e. those that last less than two months. The new regulations are not applicable, if the rental is for a period of more than two months with the same tenant or when the property is 'rented' without any money changing hands (for example, if you let your friends stay while you're away).
How do I get a licence?
To be granted a licence of occupation by the local Town Council, property owners will have to meet a long list of requirements that ensures any dwelling rented to tourists has: exterior ventilation (i.e. a window in every bedroom and sitting room) and air-conditioning (with both cool air in the summer and hot to maintain minimum temperatures, if you intend to rent during the winter months), is furnished to legal standards, and comes complete with cleaning services, complaint forms, a first-aid kit, tourist information, and a document that provides tenants with instructions and rules concerning its use.
What else do I need to do?
An individual rental contract will be required for every tenancy, although the terms and conditions may be freely agreed to by both parties. Owners will be required, however, to make public their terms in advance. In cases where specific relevant terms, such as check-in and check-out times are not specified by the contract, the provisions of the new law will be applied.
Prior to marketing properties for rent as tourist accommodation, owners are required to provide a statement of responsibility to the Junta, declaring that they are in compliance with the requirements of the new law. Once this has been done, the Junta will then register the property with a unique number which must be included on all publicity for the property.
What happens if I don't comply?
After May 2016, if you rent your property without having filed a statement of responsibility, you will be punishable with Fines of between €2,000 and €18,000. For serious infractions of the law, you could be fined up to €150,000.