On the 11th of February 2016 the Spanish Junta de Andalucia has published a new decree 28/2016, which will become effective from 11th May 2016, after which time all owners who advertise their holiday home as tourist accommodation must be registered in the Registro de Turismo de Andalucía. The good news is that registration is completely free, and the registration seems fairly simple.
The form for registration is called a ‘Declaración Responsable’ and it is available online, and the Juntas advice is to start preparing your registration now. Your registration will not be processed until 11th May, and you can access the form and fill out your details at any time. Click on this link and after selecting Turismo, Registro de Turismo de Andalucia, Reg. de Turismo de Andalucia – from the options below select Declaración responsable para el acceso o ejercicio de la actividad – you can click on Registro con sertificado digital (if you have electronic signature) or Registro SIN , and fill out the form, print it (can not be printed and filled out by hand) and present it in one of the offices listed below.
Click on the List of offices, to find your local office.
The application details must include the owner’s details, since as an owner you are held completely responsible for your property and the activity as tourist accommodation unless you have given another party Power of Attorney to be your legal representative. If you have a property manager or agency managing your holiday rental, you can however nominate them to take care of the registration, be available for the inspection, etc.
Together with the application form, you must make available copies of the following documentation:
- Paperwork from when you bought the property, including the ‘referencia catastral’ (land registry reference), which you should find on an IBI receipt or sometimes on your title deeds (‘Escritura’)
- The license of first occupation (‘Licencia de Primer Ocupación’), or equivalent certificate, such as the ‘Cedula de Habitabilidad’.
- Property owner details, including an address where notifications can be sent.
When you submit your registration, either online or in one of the offices, you will be issued with a license number which must be displayed in all advertising of the property.
If you do not present your ‘Declaración Responsable’ and continue to advertise the property as tourist accommodation, it will be considered an illegal activity.
After submitting your registration form, either online, in office or by post, and after the decree becomes effective as from the 11th of May 2016, an inspection visit will be scheduled. Within the Declaración Responsable you can name a representative, who will then be contacted to confirm an inspection date.
Property managers or agencies handling multiple accommodation can register them all, as a representative. If you are an owner – individual or company – with three or more properties in your name within the same building or complex, those properties must be registered as Apartamentos Turísticos.
If your property is situated on the coast, or within a village or town housing more than 20,000 inhabitants you should apply as a ‘Vivienda con Fines Turísticos’. We recommend you check with your local town hall to confirm this.
If your property is situated in the ‘Medio Rural’ i.e. in a natural zone – forest, farmland, river, or countryside, then you should register as a Vivienda Turística Alojamiento Rural.
Requirements for Holiday Rental Homes (Viviendas con fines turisticos)
- If you rent your holiday home out between the months of May-September, the accommodation must be fitted with some form of cooling equipment in the living area and bedrooms i.e. air conditioning.
- If you rent your holiday home between October and April, it must also be fitted with a heating system, that maintains a temperature of 19 degrees.
- All bedrooms must have direct ventilation to the exterior and all windows and patio doors must have some way of obscuring light i.e. curtains, shutters, etc.
- The accommodation must be furnished adequately for the maximum guest occupancy.
- Adequate bed linen and towels must be supplied based on the maximum occupation, plus one extra set.
- You must offer a changeover cleaning service in between each guest occupation i.e. before arrival and after departure of each guest. But it’s not necessary to offer mid-stay cleaning.
- You should have a medical kit available in the accommodation.
- Guest must be supplied with tourist information, activities, restaurants, shops, details of the nearest parking area, medical facilities, transport, along with a map of the local area, etc. This can be supplied to guests either as a physical book, or digital format.
- All guests must be given a basic contract document which includes: Owner or property manager contact details, your license number, number of guests, check in and out dates, total price of the rental and a 24 hour emergency number
- Every property must provide an official complaints form for guests and the location of this must be indicated in the property.
- Your guests must provide you with their Identification Document i.e. passport, driving licence, etc. A copy of the document must be signed by the guest held for one year in case of inspection.
- The check in and check out times are at the discretion of the owner, but if no times have been agreed in the booking terms, the guest should be able to occupy the home from 16.00h on the first day of the contracted period and leave at 12.00h on the final day.
- Owners must provide instructions (or the user manual) for all electrical appliances and instruct the guest how to use each appliance when they arrive, at the same time as any telephone, wifi, alarm and access cards, or similar, so they have complete independence during their holiday.
- Owners should also include a set of rules for the home i.e. pets, smoking, etc. Along with the regulations of the community or building in which the property is situated.
- Owners must keep receipts and proof of payments for each guest occupation. All proof of payments and guest contracts must be kept and made available to the Junta de Andalucia or government administration office (e.g. Hacienda) for the period of one year.
- Your prices should be advertised on a per night basis and include: water, electricity, cooling and heating costs, fridge, cleaning (before arrival) and bed and bath linen.
- All guests must receive a written booking confirmation, which includes total price of stay, including any extra charges and deposit.
- You may establish clear booking and payment terms with your clients, but if you have not agreed otherwise, you may ask for a maximum 30% of the rental fee as a deposit to secure a booking, and a refundable breakages deposit on key collection. If the booking is for two nights only, you can ask for the total price in advance.
- Cancellation policy: If you have not indicated otherwise in your Booking Terms, cancellations made by the client earlier than 10 days before the arrival date, will be subject to losing 50% of the deposit. Cancellations made within 10 days of arrival, the owner is entitled to keep the full payment.
New legislation can always lead to a time of uncertainty, but these changes are hopefully going to bring more professionalism in the sector in general so can only be a good thing for tourism. If you are unsure as to the best course of action to take, fell free to contact us at any time.
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