The Junta de Andalucía imposes a series of requirements to be fulfilled by individuals renting out their properties for tourism purposes.

Since May 2016, dwellings located in Andalusia that are promoted for rental in tourist channels, known as holiday flats, must be registered and comply with a series of quality and safety requirements, under penalty of fines of up to €18,000.

It is increasingly common for people who have several properties, in order to rent some of them for short periods to tourists and people who are on holiday in their city, to promote them through internet platforms (such as wimdu, airbnb, niumba, etc.), or through traditional channels. Depending on the area and the type of property, it can be much more cost-effective than a long term rental and the headaches are usually less, as the holidaymaker pays in advance for the stay at tourist prices, spends only a short time per day in the property and leaves after a short stay.

This type of accommodation in our region did not have a specific regulation, which has now been drawn up by the Junta, given its powers in the field of tourism, and on the grounds of the need to provide quality standards for the supply of holiday flats, as well as public safety issues, as the identity of both the owners and the tourists staying in them is recorded.

Thus, from 11 May 2016, when the regulation comes into force, people who promote their properties for rental in tourist channels will have to make a responsible declaration to the Regional Ministry of Tourism stating that they meet the requirements of the regulation. From that moment on, the property in question will be registered in the Andalusian Tourism Register, and a code will be provided which must be included in all advertising.

A written contract shall also be provided to guests, who shall be required to present their identity document, and shall be recorded in a log book which shall be available for inspection by the management, together with the documentation, for a period of at least one year from the date of accommodation.

In addition, a further year is granted until May 2007 to equip the dwellings with a series of services, such as refrigeration and heating, a first aid kit, a complaints book, instructions for electrical appliances, etcetera.

Penalties for non-compliance vary according to the type of infringement and can be up to €18,000 in the case of serious infringements, with failure to register the dwelling in the Register being considered a serious infringement. In the event of a repeat offence of a serious infringement, the penalties could be up to €150,000.

In case you are affected by this new regulation, we encourage you to contact Montosa Law and Finance, where our lawyers will take care of all the formalities on your behalf so that you can continue renting your property without any worries whatsoever.