Practical case, by WeLex, your law firm in Marbella, has the pleasure of answering all your questions in the event you wish to rent a property for tourism purposes in Spain.
A Spanish limited company owns a property that it will be rented for a period
of more than two months to another Spanish limited company, which in turn will rent the property for vacation periods of less than two months. In this case, which company should be registered in the registry of homes for tourism purposes?
By virtue of the provisions of Articles 1.2.b), 2.6, 4, and 9 of Decree 28/2016, of February 2 on housing for tourist purposes and the amendment of Decree 194/2010, of April 20 on tourist apartment establishments, the mercantile society that must be registered and appear as exploiter of the real estate will be the company “SUBLESSOR”.
The leasing company – the owner of the property – will rent the property for a period of more than two months to the lessor, so it has no obligation to register with the Junta de Andalucia.
Caution! If the sublet owner intends to sublet the property for periods of more than two months, there is no obligation to register.
The precepts of the law where the above is defined are the following:
Article 1. Object and scope of application.
- The purpose of this Spanish Decree is to organise homes for tourism purposes as a tourist accommodation service, in accordance with the provisions of section 1.a) of Article 28 of Law 13/2011, of December 23, of the Tourism of Andalusia.
- The following are excluded from the scope of this regulation:
- a) The dwellings that, for tourist or vacation reasons, are rented without economic consideration.
- b) The dwellings hired for a period exceeding two months computed continuously by the same user.
Article 2. Legal regime in Sapin
- Accommodation in homes in Spain for tourism purposes will be considered a tourist service and must comply with the requirements of Law 13/2011, of December 23, and with the provisions of this Decree.
- Homes for tourism purposes will also be subject to the sectoral regulations that may apply to them.
- Access to housing for tourism purposes may not be restricted for reasons of birth, race, sex, religion, opinion, or other personal or social circumstances.
- The rights and obligations of the users and operators will be those contemplated in Law 13/2011, of December 23.
- When users fail to comply with any of the obligations established by Law 13/2011, of December 23, especially those related to the rules of coexistence, the persons or operators may deny the permanence of the users and require the abandonment of the house within twenty-four hours.
- The person or entity operating the housing for tourism purposes may not hire places that cannot be served under the agreed conditions.
Article 4. Responsibility before the Tourist Administration and the users.
It will be presumed that the person who owns the dwelling for tourism purposes is the operator of the dwelling and will be responsible to the Administration and the users for the correct provision of the service, except that the responsible statement, referred to in Article 9.1, shows another person or entity as the operator of the same, having to have in such case of enabling legal title.
Article 9. Registration.
- For the start of the provision of housing accommodation service for tourism purposes, the person or entity that operates this service will have to formalise the corresponding responsible statement before the Regional Ministry responsible for tourism, in which it states the fulfilment of the requirements established in this Decree, being able to advertise from this moment as a home for tourism purposes.
By Welex, lawyers specialising in Real Estate Law in Spain
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