NEW ANDALUCIAN RENTAL PROPERTY LAW
Who does this law relate to?
Any private individual or company that offers a Property for short term rental, personally, using a rental business, Internet portals or Websites to rent holiday apartments etc.
What is a tourist property under the new law?
Any property rented less than 2 months per contract in beach areas, city areas and tourist areas, NOT in a rustic area like farms, cortijos or country houses.
What are the new legal requirements for housing for tourism?
a) Provide the occupational license for the property and comply at all times with the technical conditions and acceptable housing standards..
b) The property must have direct access to outside courtyards / terraces /windows and a system to block light (Curtains, blinds, etc)
c) Be sufficiently furnished and equipped with appliances and utensils needed for immediate occupation and sufficient according to the number of tenants (ie…. Sleeps 4, enough of everything for 4 people)
d) Air conditioning in the main rooms & sleeping area, when the rental period is during the months of May to September inclusive.
If the rental period covers the months from October to April inclusive, they must have heating, A period of one year for this requirement to be met is granted until 11.05.2017.
e) First aid kit/ smoke alarm
f) Provide maps, in physical or electronic form, of the local area, entertainment, restaurants and cafes, shops and food stores, the closest permitted parking to property, details of medical services in the area, details of public transport in the area. Important telephone numbers.
g) All properties must have a Junta De Andalucia Complaints Book available to the users, and the associated poster in a visible place inside the property.
h) Clean and clear access at the entrance and exits
i) Bedding, linens, household goods in general, according to the occupancy of the apartment and a full set of replacement. The property must be cleaned fully between each rental client.
J) To provide the clients with a local phone number and personal registered contact and resolve immediately, any question or issue relates to property. This is most important. It is now law that all holiday rental properties are registered with a local, legal, property management company.
k) Make available to the rental clients information and operating instructions for all appliances and other devices for proper use.
l) To inform rental clients of internal & community rules regarding the use of facilities, offices and property, equipment, as well as the situation regarding pets in the property, restrictions on smokers as well as areas of restricted use.
Can I have to rent my property directly or I can transfer it to another person or company does?
You have the option of renting your home directly for tourism purposes or assign your property to another person or company for this activity to be exercised by them. In this case the owner of the apartment does not deal directly with clients (renters) and this should also be recorded in a document or contract. This is a speciality of LEGAL COSTA RENTALS.
For the purposes of the Junta De Andalucia the person or company arranging the rental will be considered the owner of the business, and as such will be responsible for caring for the renters (tourists) and also meet the requirements for this law.
What do I have to do?
To legally rent a property, regularly, for any period less than 2 months, the owner (or operating company contracted by the owner) must complete and submit the form "declaration of responsibility for commencement or conduct of business" in declaring to comply with regulations for the activity, (regulations which will enter into force on 11 May 2016)
Legally, Am I required to submit this sworn statement?
Yes, In order to rent accommodation as tourist accommodation and when the property is offered for rental or promoted in tourism channels such as internet advertising, newspaper advertising and rental agency advertising.
In case of exercising activity without submitting this Statement, It will be deemed your property is rented illegally, being classified as a serious offense under Article 71.1 of Law 13/2011, of 23 December, Tourism in Andalusia Fines starts at 3000€ minimum per property.
Once registered you will then receive an order for which it is entered in the Register of Tourism of Andalusia and assigned a code or symbol, For Example VFT / HU / 12345.
VFT indicates that this is a home for tourism.
This code or signature must be indicated in any advertising or promotion that made by any means, including platforms "on line".
What is the book-entry record for travelers (tourists) using Rental apartments, (Holiday Lets) Hotels , B&B establishments?
These establishments, who provide accommodation for people with or without other services of a complementary nature, are bound by the Order INT / 1922/2003, from July 3rd 2016to complete a logbook, ( Register) as well as presenting it to the local Police Station or the Civil Guard posts.
Records must be taken of the following data: identification data of all travellers, in which the number, type, and date of issue of the identity document presented, name, sex, date and country of birth, the VFT number of the establishment ( Registered manager or Owner details of the property) and arrival / departure dates of the traveller(s)
This document must be completed and signed by a person over 16 years old, One copy to stay at the property or in the possession of the property manager and remain in his possession for the purpose of making a logbook (bound with a minimum of 100 and maximum of 500 sheets) . They will be arranged consecutively and shall be kept for a period of three years.
The information contained in these pages-records must be communicated by any of the systems provided by the local authorities and then to the police detailed within 24 hours of the start of every travellers accommodation. This comes into being from July 3rd 2016.
I cannot find the license to occupy my house, what I can do?
In these cases, to obtain a copy of a license of occupation it must be requested in writing, preferably in the register of the Planning Department of the Municipality, correctly identifying all the housing data, we will do it for you at LEGAL COSTA RENTALS.
Properties NOT In Possession Of A VFT Number When Advertised For Short Term Rental Will Liable For The Minimum Fine Of €3000.
At www.legalcostarentals.com, We Can Arrange To Get Your Property Registered:
We Also Provide An Ongoing Service Where We Will Provide The Local telephone Contact Service To The ‘Renters’ as is required by the new law.
We Act As Registered
- Key Holders
- Property Managers
- Maintenance Providers
- Police Register Liason Service
- Rental Agents
- Complaint Book Provision
- Meet & Greet Service
- Cleaning Service
- VFT NumberProvision
- And Any Other Service You May Need To Keep Your Clients Happy.
LEGAL CERTIFYING OFFICE.