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Legislation short stay rental to tourists

Legislation short stay rental to tourists

08 February 2019
door: Anneloes Schohaus
Regelgeving short stay verhuur aan toeristen

Rental to tourists

Owning a second home in Spain has many advantages. An advantage of owning a second home, in addition to personal use, is the return to be achieved through rental. However, the rental of the house for holiday purposes has some limitations.

Renting out homes via Airbnb, for example, is a hot item in the larger cities of Europe. This is also the case in Andalusia, with the hotspot the city of Málaga. In May 2016, a new control system was introduced for the rental of holiday homes in Andalusia. The aim of this new regulation system was to regulate the large existing housing market of private individuals. In particular, the regulation of the rental of holiday homes at certain periods of the year. 

Houses rented to tourists must be registered in the ‘Andalusia Tourism Register’. After registration, the property receives a registration number that must be visible on the platform where the property is for rent. The registration is one-time. This subject is currently under discussion in the region of Andalusia and new regulations are on the table.

Touristic rental

In Andalusia it is not just possible to rent out your house to tourists. There are rules attached to this. It concerns houses in the built-up area and offered for rent through (online) media such as Airbnb, Tripadvisor and real estate agents. If you usually offer your house in Andalusia for a certain price per day or per week, it falls under tourist rental. The regulations have been in place for a few years, but it is useful to have them close so that the rental is legal. We listed them for you.

The rules

In order to make the property available for tourist rental, it must comply with a number of rules. These rules are as follows:

  1. The property must be located in a built-up area;
  2. The houses must have a ‘permit for a first use’ also called Licencia de Primera Ocupacion. If you do not have this permit, you must apply for a certificate from the relevant municipality;
  3. Rooms must have air conditioning and/or heating during the rental period;
  4. The house must have the minimum number of furniture and household goods corresponding to the number of persons staying in the house during the period;
  5. The accommodation must have a first aid kit;
  6. Tourist information shall be available in the house. Think of a folder with sights, restaurants and other important information that is useful during the stay;
  7. Complaint forms must be available in a visible place in the house;
  8. The property must be clean before the new tenants arrive;
  9. Enough bed linen and furniture for the number of people staying in the house during the rental period;
  10. An emergency telephone number;
  11. Information and instructions for household appliances;
  12. Information on internal standards for the use of all home facilities corresponding to the ‘Owners’ Association’.

Not subject to the regulations

There are also houses that are not subject to the current regulations. For example, houses offered for rent in rural areas, outside built-up areas, are not covered by the regulation. Please note that these properties must be registered as ‘rural tourism property’ with the Andalusian authorities. In addition, houses rented out to the same person for more than two months are not considered as holiday homes. These houses do not need to be registered either. The property does have to be registered if the property is also let on a daily or weekly basis after two months of renting. Finally, a property is not subject to the regulations when a landlord owns three or more properties within a radius of a maximum of one kilometer.

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Bron: C&D Solicitors – Beeld: Anneloes Schohaus

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Keep an eye on our website for all updates! Are you interested in a property in Andalusia? Or do you have a home that you would like to sell or rent out? Please feel free to contact us.

Are you planning to buy a house in the province of Málaga and would you like more information? We are happy to help you: consult our guide to buying a property in Spain.

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