Law for holiday rentals in Andalusia

On 11 May 2016 a new law for holiday rentals in Andalusia came into force. The underlying reason is to ensure the quality and safety of these rentals. Many things about this law are still unclear but one thing is certain. If you want to rent your property on the Costa del Sol it is sensible to inform yourself about the new law.

Does the law for holiday rentals in Andalusia  apply to you?

The main criterion is whether you rent space for tourist use and whether it is offered via promotional channels. It does not matter if you rent out a room in your own home or a fully furnished holiday villa. If this is the case, then the law for holiday rentals in Andalusia applies to you.

Requirements of the law for holiday rentals in Andalusia

The law requires that you register your holiday home in the Registry of Tourism (Registro de Turismo de Andalucía). If you do this, you will receive a registration number that you must include in all promotional materials and advertisements. In addition, your home must meet certain requirements, such as (this list is not exhaustive):

• Air conditioning for rentals between May and September and heating for rentals between October and April
• Sufficient furniture for the number of people staying in the rental
• Tourist information about the region and a complaint form
• A telephone number the tenants can call in the event of questions or problems
• Tenants should be provided with instructions for household appliances
• It is required to clean the property on departure and arrival of new tenants

What must be included in the rental contract?

It is necessary to draw up a document with the name of the owner, the registration number, the number of people renting the holiday home, the arrival and departure dates and the total price for the stay. The tenants must sign a copy of the contract and the contract must be kept by the landlord for at least one year. The offered rate should be per night and inclusive of all charges.

Should the tenants identify themselves?

All persons over 16 years of age should identify themselves and their data must be recorded in the register book of the holiday rental. This information must be reported to the local police within 24 hours after the arrival date.

What are the financial requirements?

You may require a deposit, but no more than 30% of the total cost for the stay. If the tenant cancels later than ten days in advance, the landlord has the right to charge 50% of the down payment. If the tenant cancels the reservation after these ten days, the owner has the right to charge the entire down payment.

What if you do not comply with the law for holiday rentals in Andalusia?

Renting your property on the Costa del Sol is still possible but it is important to register your holiday home and have your records and papers in order. Remember that not meeting all the requirements can result in fines – and that inspections can take place. Should you get an inspection of your holiday rental you must be able to produce the following documents of the property: deed, licencia de primera ocupación and a document stating the cadastral reference.