Holiday Rental Regulations in Andalusia

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In this article, we analyze the New Holiday Rental Regulations in Andalusia and how to adapt holiday rental licenses to the new requirements that must be met before the deadline of August 22, 2024.

General Requirements for Holiday Rental Licenses under the New Holiday Rental Regulations in Andalusia

The current regulations establish several indispensable requirements that holiday rental properties (VUT) must meet:

License of Occupation: The property must have this license.
Prohibited Properties: Properties considered AFO (Assimilated Out of Ordinance) or those under the Official Protection regime (VPO) cannot obtain a holiday rental license.
Community Authorization: The statutes and minutes of the community of owners must not prohibit holiday rentals.
Minimum Size: The property must have a minimum of 25 m² and 14 m² per guest.
Number of Bathrooms: 2 bathrooms for 5 guests and 3 bathrooms for 8 guests.
License Holder: The license must be in the name of the person or company managing and operating the holiday rental.

Important Considerations with the New Holiday Rental Regulations in Andalusia

It is essential to understand that, under the new regulations, the holiday rental license must be in the name of the person or company actually managing and operating the rental.

Example: If the license is in the name of the property owner, but a company manages the rental, the license must be changed to the name of the managing company. This ensures that legal responsibility lies with the entity handling the activity, complying with the new regulations and avoiding potential sanctions

Another Change in the New Holiday Rental Regulations in Andalusia

The previous holiday rental regulations in Andalusia established that the minimum area per guest was 12 square meters. However, the new regulations have increased this requirement to 14 square meters per guest. This means that if previously a property could accommodate more people with less space, it now needs more space per additional guest, potentially reducing the total number of permitted guests in the property.

Example: Suppose a property previously had a maximum capacity of 5 guests with 60 square meters (12 m² per guest). With the new regulations, the same property could now only offer 4 guest spaces (14 m² per guest), unless the available space is expanded.

Mandatory Features of VUT under the New Holiday Rental Regulations in Andalusia

All holiday rental properties must meet the following features:

Television and Kitchen Equipment.
Separate Waste Collection.
Non-Slip Floors in Bathrooms.
Smoke Detector.
Direct Ventilation in All Rooms.
Window Shading System.
Heating and Air Conditioning in All Rooms.
First Aid Kit, Tourist Information Guide, and Complaint Forms.
Cleaning upon Arrival and Departure.
Bed Linen and Utensils with Spare Set.
Contact Phone Number.
Appliance Use Instructions.
Community Rules and Restrictions.

Traveler Registration

Starting October 31, 2024, all VUT properties must register in the new Centralized Traveler Registration System. Entry forms must be signed by all travelers over the age of 14 within 24 hours of their arrival and kept for 3 years.

Sanctions

Failure to comply with these regulations can result in fines ranging from €600 to €30,000.

Importance of Legal Advice

It is crucial to have expert legal advice to ensure that your property meets all requirements and to avoid potential fines. At Toscanolex, we specialize in real estate law and managing holiday rental licenses.

Frequently Asked Questions about the New Holiday Rental Regulations in Andalusia

What are the main changes in the holiday rental regulations in Andalusia?

Ownership of the license: It must be in the name of the person who operates and manages the rental (owner or management company).
Occupation License: Now essential.
Use of AFO Housing: Not permitted.
Use of Official Protection Housing (VPO): Not permitted.
Agreement in the Community of Owners: Necessary if holiday rentals are not prohibited in the statutes and minutes of the community.
Minimum surface area per place: Increased from 12 m² to 14 m²
Number of bathrooms: 2 bathrooms for 5 places, 3 bathrooms for 8 places.

Which properties cannot be used as holiday rentals?

Properties considered AFO and those under the Official Protection regime cannot obtain a holiday rental license.

What are the penalties for not complying with the holiday rental regulations?

Penalties can range from €600 to €30,000, depending on the severity of the non-compliance.

What documents are required for traveler registration?

An entry form signed by all travelers over the age of 14, which must be kept for 3 years, is required.

Conclusion on the New Holiday Rental Regulations in Andalusia

Adapting your holiday rental license to the new regulations is essential to avoid fines and ensure legal and profitable operation. At Toscanolex, we offer expert advice and support in managing holiday rental licenses, ensuring that your property complies with all legal requirements.

Our experts in real estate law are ready to help you in all situations, even if they are often complicated. We offer guidance on your rights and assist you in protecting your interests throughout the process.

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