Changes to tourist rental rules in Andalucia

The Junta de Andalucia has now published its Official bulletin giving local authorities the right to control and regulate tourist rentals in its municipality.

In its 19 page long document, it covers more than can be included in this article. Although individual communities can already make decisions about new whether to allow more tourist licences, this move is to offer additional control to local authorities who may now determine what percentage of  properties in any given area may  have tourist licences.  This includes houses in rural areas.

The conditions under which tourist licences may be granted are outlines in exact detail i.e. what facilities each type of property must have available, check in and checkout times, number of bathrooms available depending on the capacity of the property. Types of properties are divided between full rentals, and rental by room along with the maximum capacity of each type of rental.  It sets requirements right down to the kind of ventilation and heating which should be available.

Special classifications

Tourist flat accommodation establishments may be classified into one or more specialities on the basis of the services they offer to satisfy the needs of their customers to satisfy the specific needs of the target group and the orientation to a specific product or to the segment of the population at which the establishment is aimed, such as oenological, gastronomic, health-wellness, boutique, hacienda, adult, family, senior, single or LGTB.

The Official Bulletin was published on 29th January and will come into effect 20 days after this. It is still unclear how this will impact on the private tourist market, and local authorities are reluctant to comment at this stage.

If you are considering a tourist rental licence you should always consult a specialist company to make sure you meet the requirements now set out for Andalucia.

Brian Mc Donnell of Legal Costa Properties who has a lot of experience of Tourist Licence applications, highlights the main changes to current legislation, other than, of course, the Councils having the final say.

Changes to requirements

Properties, mainly rural, which are regarded as ‘irregular’ will not be able to attain the tourist licence unless prior express authorization is granted by the competent municipal body for the change of activity, in accordance with town planning and environmental legislation.”

Properties must have a minimum built-up area of 14 m2 per guest according to capacity, in accordance with the built-up area of the main use as recorded in the Electronic Headquarters of the Cadastre. In any case, the minimum built area for main use shall be 25 m2 or, failing that, as determined by urban planning.

Owners must deliver proof of payment for the services and advances made, if applicable, without prejudice to compliance with the provisions in force for tax purposes.