How to comply with Andalucia’s new holiday let rules

Louise Swan, December 2016 | Local News and Information

New regulations overseeing holiday lets in Marbella and Andalucía as a whole have recently come into operation. Although it is important that homeowners who rent out property on a short-term basis ensure they comply—as substantial fines of up to €150,000 in the worst case scenario could be levied on those who fail to do so—it should be noted that there is nothing too onerous within the regulations themselves.

The main thrust of the Junta de Andalucía’s decree is to ensure tourist accommodation is good quality with adequate facilities and proper information provided to tenants—something that is not a problem to owners offering their villas or apartments to let in the more upmarket areas of Marbella. These homes are usually of a very high standard to start with and easily surpass the basic requirements laid out.

However, using the services of an experienced agent is to be recommended to ensure all the correct boxes are ticked in order to avoid falling foul—however inadvertently—of the authorities and risking a financial penalty.

Initially, the most important factor to consider is to make sure your property is registered with the Junta’s Registro de Turismo de Andalucía as a holiday let home. Once that is done owners have until May 2017 to ensure all other requirements are met. Below we give you a brief guide to the regulations:

Holiday accommodation is defined as a property situated on urban land that is rented out for tourism purposes for terms of less than two months via travel agents, intermediary companies or any method using a reservations system, such as a web portal. Longer periods and homes on rural land are already covered by different regulations. Unlike some other regions of Spain, Andalucía allows individual rooms to be let—as long as the owner resides in the property—as well as homes in their entirety, with accommodation for up to 15 people in the latter case or six on a bed and breakfast-style basis.

In addition, anyone letting three or more properties within the same complex of buildings will have to comply with a different, more stringent set of regulations (Decreto 194/2010).

It is perfectly permissible to let friends and relatives use the property for short periods without falling foul of the decree, as long as no payment is made.

Those properties that do fall under the new regulations will have to comply with the following regulations:

• Have a first occupancy licence
• There must be direct ventilation of all rooms and shading systems (curtains/blinds) on the windows
• There must be enough furniture, tableware etc. for all occupants
• Fixed air-conditioning (not mobile) systems are required from May to September, and fixed heating from October to April in all bedrooms and living rooms
• A first aid kit must be available
• In common with businesses, a Complaints and Claims book must be available in a visible place
• Tourist information on local attractions, restaurants, cafés, public transport, parking etc should be available either via leaflets or online
• Cleaning must be carried out before and after each let
• Fresh linen sufficient for the number of occupiers plus a full set of spares should be included
• An emergency telephone number must be provided to customers
• Clients should be informed of any ‘house rules’ on such matters as pets and smoking restrictions
• Instruction manuals for electrical appliances and devices such as TVs etc. should be to hand
• A proper contract must be signed stating the number of occupants, the name of the property owner (or service provider), the agreed price and the registration code number

This article is meant as a brief guide only. Should you wish to let out your Marbella property on either a short or long-term basis please contact Callum Swan for a consultation. We have many years’ experience in the rentals market and can ensure your home meets all the necessary requirements.