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Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1363. NEW! Regulations on property rentals in Andalucía
11 February 2016 @ 18:51

Main features of a Tourism Rental:

• Tourism channels are offered:  travel agencies, brokers, organized tourist services and any other channels in which the possibility to book the accommodation is included.

• Property is located on residential land. Those properties on Tourism Land will not be licensed for a holiday home

• Lease is shorter than two months’ time

Properties which are excluded:

• House accommodation offered at no price

• For a period longer than two months´ time

• Rural houses

• Tourist apartments: (blocks of properties situated on Tourism land, under one sole management company)

Liability declaration:

Before the property is promoted through tourism channels, a "declaration of responsibility" to the Regional Tourism department needs to be presented.

The minimum content of the declaration of responsibility will be:

• Property Details:  number of beds, according to Occupation License.  If there is no copy of the Occupation License, owner will have to request one from Town Council and if the license has not been granted by the Local Council, one will have to be requested, because it is a prerequisite for filing a declaration of responsibility. You cannot rent your property in the tourism market if there is no Occupation License.

• Information on the owner.

• Details of the person or entity that will operate the activity, and the contract allowing him to do so if the owner is a different person.

After the declaration, the Tourism department will request it to be included in the Register of Tourism of Andalusia.  Once the registration is made, a registration number will be communicated to the owner. This number will have to be made visible on any advertising material.

Prices of rentals will have to be placed anywhere in the home. Overcharging is prohibited obviously and charging for items different to those exposed or indicated on the tourism channels are not possible.

Price conditions, reservation, advanced payments and, where appropriate, cancellation shall be governed as expressly agreed between the parties, which in all cases will be detailed and publicized prior to contracting.

A proof of reservation document will be handed to tenants when they make the initial reservation payment. This document will express full price of the renting, advanced payments and penalties.

Important requisites

• The house will have to have occupational license

• The housing will have to be air-conditioned if rented from May to September, and heating if you rent from October to April (these requirements come into force on 12 May 2017, not May 12, 2016).

• Landlord will provide tourist information about the environment, health care, transportation, plane and guide shows.

• Telephone  number of owner/ manager will be available to tenant.

• Claims forms available.

• First aid kit available.

• Rental can be of the entire house or of some rooms. Rental of whole house cannot be of more than 15 seats.  Rental of rooms cannot exceed 6 seats. In any of the two cases, rooms can be occupied by more than 4 beds.

• Housing will have to be furnished for immediate use.

Responsibility

The responsible person before the Regional Government and the tenant/ tourist will be the person which, appears as in charge of the operation of the apartment in the Liability declaration submitted to Andalucía Regional department

Penalties

From 2000 to 150000 euros



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