New tourist rental law divides opinion

Rental restrictions Photo: Shutterstock / sylv1rob1

A regulation on tourist housing that has “arrived too late and brings little”, is how some groups see the new holiday rental legislation.

If there was one area where the clamour for effective regulation was multiplying day by day, it was in the regulation of tourist accommodation. However, the decree approved by the Junta de Andalucía, which is due to come into force on 22 February, has not convinced everyone.

It is a regulation that gives Andalucian town councils the power to limit the maximum number of tourist homes per building or per area with the aim of preventing their proliferation in locations saturated with short-term holiday rental properties.

Some have welcomed the legislation: the mayor of Malaga, Francisco de la Torre, is confident that it will be possible to, “stop the creation of flats in areas that are saturated and continue working to improve the quality of these accommodations”. He defines saturation as, “areas where tourist rentals make up half of the properties”.

More private rentals than hotels

Carlos Pérez-Lanzac, president of the Andalucian Tourist Housing Association (AvvaPro) is also positive about the new regulation in general terms, “the next step must be the fight against illegal and clandestine supply”, he said, adding, “in municipalities like Mijas for instance, the proportion of tourist housing is greater than that of hotels”.

However, for the residents who suffer daily from the proliferation of tourist accommodation, the law leaves the feeling that it provides few solutions. According to the president of the Centro Antiguo de Málaga, Carlos Carrera, the decree, “recognises what is already known: Town Councils already had powers before and now it simply continues to have them, although it is true that councils can make modifications to be stricter or not”.

However, in Carrera’s opinion, “the new law does not address the root of the issue and ignores the fundamental fact that these properties are not hotels”.

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Written by

Kevin Fraser Park

Kevin was born in Scotland and worked in marketing, running his own businesses in UK, Italy and, for the last 8 years, here in Spain. He moved to the Costa del Sol in 2016 working initially in real estate. He has a passion for literature and particularly the English language which is how he got into writing.


    • Stephen

      08 February 2024 • 13:13

      Carlos Carrera, is not taking into account that people who use Tourist rental properties, use them for different reasons..Families find them cheaper, may have some disabilities that are easier to manage in a house of apartment. Visiting friends or family nearby. Have dogs. Prefer to cater for themselves etc etc. As an owner of a rental property, I understand the issues of local communities and towns and yes Tourist accommodation should be regulated as Hotels should be. The main issue here is not only regulation of registered rental properties but more about the many more that are not registered and offer a substandard service and do not take responsibility for their guests. Tourist accommodation brings life and cash to the local towns and areas of Spain. So lets see a more balanced view from all involved.

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