Property in Spain | Get to know the new regulations for tourist accommodations in Andalucía

On 2 February 2016, the Junta de Andalucía approved a decree regulating tourist accommodations, in an effort to fight against the black market and illegality and to guarantee users’ rights by establishing minimum quality and security guarantees.

Must I register my property as a tourist accommodation in Spain?

The registry of all properties that are classified as ‘tourist accommodations’ is based on the understanding of these dwellings as all those offering an accommodation service to tourists in residential areas and for which a price or financial transaction is involved and which are commercialised through channels such as agencies and internet portals. Properties rented out for a time exceeding two months are excluded from this registry, as are those located in rural areas or groups of properties consisting of three or more dwellings with the same owner.

What are the minimum requirements set out by the Junta de Andalucía?

To have the licence of first occupancy.
The property must comply with some minimum requirements of exterior and interior ventilation.
The property must have heating and air conditioning in all bedrooms and living rooms.
Information on household appliances and internal rules of the community.
Properties must be furnished and equipped with kitchenware, bed linens, a first-aid kit, complaint forms, tourist information about the area and a telephone number for guests to report any kind of incident that may occur during their stay.

Can I be penalised?

The law sets forth penalties that may range from 18.000 € for severe infringements to 150.000€ for very severe infringements.

What should I do if I still have not registered my property as a tourist accommodation in Andalusia?

The terms proposed by the Junta went into effect three months after the publication of the decree by the Official Bulletin of the Andalusian Government (BOJA). Although the terms have been finalised and the decree has entered into force, this does not mean there will be immediate penalties.

If you have not registered your property as a tourist accommodation, you must ensure that your property is not published on any channel with tourist purposes. Furthermore, you must dispose of the registration documentation to avoid sanctions proceedings being opened against the property.

At Welex, we have a team of specialised lawyers and a consulting service ready to study your case and carry out all formalities to ensure the correct registration with the Registry for Touristic Accommodation of Andalusia.