ROYAL DECREE 28/2016, FEBRUARY 2
As of 12 May 2016, all tourist homes in Andalusia that are regularly rented for periods of less than 2 months must be registered with the Registry of Tourism of Andalusia.
The following properties are not subject to this decree:
- The ones that are let for free.
- Homes that are rented out for a period exceeding 2 consecutive months by the same person.
- Homes located in rural areas.
- Apartments or tourism complexes comprised of 3 or more homes owned by the same person, located in the same building or group of buildings, whether adjacent or not.
Concept of “holiday rentals” in Andalusia, Spain
Homes for holiday use are defined as housing providing accommodation “in a regular manner and for touristic purposes”. Therefore, the home must be promoted or advertised through: channels that include the possibility to book the accommodation, travel agencies or companies that broker or organise tourism services.
If the home is marketed through any of these three channels, the government will assume that the person assigning the home does so regularly and the owner will be penalised if the home is advertised without its register number. If they are not renting the home regularly, the penalised owner will have the burden of proof that the activity is not carried out regularly.
The home may be rented out completely or by rooms (Bed and Breakfast). If the complete home is rented out, the maximum capacity is 15 people. If it is rented out by rooms, the maximum capacity is 6 people. In no case may the capacity exceed 4 people per room.
Requirements for registering holiday rentals in urban areas
- The property shall have an occupation permit, when possible, or any other similar document of proof, and it must meet at all times the technical and quality conditions required for holiday homes.
- Rooms shall have direct external ventilation or through a patio.
- The home shall be adequately furnished, in addition to containing household utensils and linens.
- Air conditioning in bedrooms and living rooms, when the operating period is between May to September, both included. If the property is rented between October to April, both included, it must have heating. There will be a one-year adaptation period from the date when this decree comes into effect.
- First aid kit.
- Provide information on tourism attractions in the area, as well as on medical services, transportation, maps and entertainment guides.
- Complaints and Claims books.
- The home must be cleaned prior to the arrival and after the departure of new clients.
- Telephone number of the home’s owner or operator.
- Clients shall be informed of the internal rules and instructions regarding the facilities, rooms and equipment.
- The home shall have a Record of Travellers.
- A contract must be signed and it must contain at least the name of the owner or operator of the home, the inscription number with the Registry of Tourism of Andalusia, the number of people that will occupy the home, the arrival and departure dates, the total price of the stay and telephone number, as established in article 6.j). In order to occupy the home, clients must show their identification documents. The owner or operator of the home must keep their copy of the contract, once signed by the client, for a period of one year.