The Law and ‘Tourist Properties’

As of 12^th May 2016, a new law regarding the rental of holiday properties for a period of up to two months has come into play. The law defines ‘tourist properties’ as those that provide private accommodation for holidaymakers, along with hotels, tourist apartments and rural properties. It has been a long time coming but the regulation has recently released a list of requirements that homeowners should meet. It is important to note that there are sanctions and penalties for those that fail to meet the regulations.
Aim: The Board intends that this decree will prevent fraud, secrecy and unfair competition, while ensuring the rights of users. Thus, it aims at protecting the rights of both the tenant and the occupant.  Definition: The standard considers that tourist housing is one that is located in residential land and offers accommodation "regularly and for tourism purposes" by setting a price and  marketing it through channels such as travel agencies, mediating companies and in the media.
Registry: The owners will be obliged to register the house in the Registry of Tourism of Andalusia. Real estate that has not been registered will be considered as illegal.
Registration of visitors: Owners must keep up to date records of visitors according to the regional government in order to "ensure public safety."
Minimum requirements: Besides having the license associated occupation, tourist homes will have to meet further minimum requirements. For example, there must be air conditioning in rooms and lounges in the months from May to September and heating between October and April. There must be sufficient furniture, kitchenware and bedding and the property must be cleaned before the arrival of new tenants. There must be a first aid kit, complaint forms, tourist information and provided telephone numbers in the case of incidents during the stay.
Capacity: It may be a whole property rental or simply extra rooms, depending on the capacity of the provisions of the license. There is a limit of fifteen people in the case of an entire property and six people in the use of spare rooms; though in both cases a maximum of four people per room is the limit.
Deadlines: The owners have a period of three months for its tourist housing census from since the decree was published in the Andalusian Official Gazette (BOJA). Once registered, (and if they have to make some structural work to suit the requirements), they will have one more year to ensure that the property is in line with regulations.  It is obligatory to register your property as from the 11th of May 2016. 

Sanctions: The law provides penalties of up to 18,000 euros for a serious case and up to 150,000 euros should it be a very serious matter. The Board trusts that this will “have maximum efficiency” alongside regular inspections in order to detect violations.  Exceptions: Not subject to this decree are rented dwellings for more than two consecutive months by the same person (in which case it will be regarded as a standard rental agreement subject to Spain’s Tenancy Act), properties that are located in rural areas (such as the Dew) and properties which are lent to friends or family without an exchange of money (free). But, what about beach vacation for weeks or fortnights? According to the Board, as this is not considered a ¨regular¨ activity you would be excluded from this decree and would not be required to register in the register, but to establish a "legal relationship" by signing a contract.
Specialised portals: The Board is negotiating with specialized portals such as Airbnb, so that homes are only offered that are present in the register. If they do not accept the conditions or the agreement "legal remedies will be sought to achieve" said the Minister of Tourism, Francisco Javier Fernandez.  Apartments: The Andalusian government has also approved an amendment to the decree regulating the activity of tourist apartments of three or more homes by the same owner in the same building or group of buildings.