Andalucia has approved the Decree 28/2016 concerning the rentals of properties with touristic purposes.
This new regulation will enter into force on the 11th of May 2016. The new regulation will be apply to all those properties located on land for residential use which will offer, for a price, an accommodation service in the region of Andalusia, and which will be marketed or promoted by travel agencies, companies that intervene or organize touristic services and channels that include the possibility of reserving accommodation. However, the following properties are excluded from the application area of the rule:
- Properties that, for vacation or touristic purposes, are lent without a financial consideration.
- Properties rented for a longer period than two months used continuously by the same person.
- Properties located in rural areas.
- Complexes composed of three or more properties by the same holder or exploiter that are located in the same property or group of properties, adjacent.
Obligations of the owner or person exploiting the property
1. Registration in the Tourism Registry in Andalusia
2. Formalization of the rental contract adapted to the new law
3. House conditioning (Compliance of the touristic property requirements):
- Have a First Occupancy Licence and comply at all times with the technical and quality conditions demanded for the properties.
- The bedrooms will have sufficient direct ventilation to the exterior or to patios and a system of darkening of windows / curtains. 3. Being sufficiently furnished and fitted with the equipment and fixtures necessary for the immediate use and in accordance to the number of spaces available.
- Air conditioning systems in bedrooms and living room for the period between May and September, both included. And for the period between October and April it must have heating. There is one year, until 11th May 2017 to adapt to this requirement.
- First aid kit
- Provide tourism information, physical or electronic media, of the area, leisure areas, restaurants and cafes, shops and supermarkets, car parks near the property, existing medical services in the area, urban transport, plan of the area and entertainment guide.
- All the properties will have a Complain and Claims Form at the disposal of the users, and a sign informing of the same in a visible place within the property.
- Cleaning of the property at the entry and leaving of new clients.
- Bed linen, household items in general, depending on the occupation of the property and a replacement set.
- Provide the users a telephone number to attend and resolve queries immediately, any consultation or incidence related to the property.
- Have at the disposal of the users, information and instructions of the electric appliances or other devices that require the same for the correct use.
- Inform users of the internal rules related to the use of the installations, rooms and equipment in the property as well as the admission and existence of pets in the property, restrictions for smoking as well as the restricted areas.
4. Identification of the user of the property with effects of completing the corresponding entrance forms in accordance to the regulation in force;
5. Provision of the proof of payments of the services and down payments, made, if applicable. The new regulations have established a penalty system for those cases when an owner has initiated a touristic activity without presenting the obligatory declaration. The infringements classified as serious will be punished with a fine from 2001 to 18000 euros, and the suspension of the touristic activities.
The new regulations have established a penalty system for those cases when an owner has initiated a touristic activity without presenting the obligatory declaration. The infringements classified as serious will be punished with a fine from 2001 to 18000 euros, and the suspension of the touristic activities.
Vogt Advokatfirma is offering our clients a complete legal assistance in this matter in order to secure the legal exploitation of their properties according to the requirements of the new regulation. Our services will include:
- Registration of the property at the Tourism Registry in Andalusia
- Submitting the documentation requested by the Administration
- Preparation of the new rental contracts adapted to the new regulation
- Revision of the property by a technician for the preparation of a technical report about the modifications reforms and works to be done to fulfill the requirements of the law.
The legal fees for those services will be 750 Euros + VAT, with a first provision of funds of 500 Euros. If you are interested in the mentioned legal assistance, please contact Carin Gustavsson who immediately will take care of your case under the legal supervision of Mr Jose Luis Rojas, Senior Lawyer and Partner of Vogt