HEALTHPLAN MAGAZINE

On May 11, 2016, new legislation came into effect in Andalusia which means that owners of short-term holiday rentals have to legally register them with the Tourism Registry of Andalusia.

The following article highlights who is affected by this law and how to go about registering your property with the Andalusian authorities.

We also cover a number of other topics including:-

• Why there has been a change in regulation
• How do I know if I have to register my property?
• What is classed as a holiday rental property?
• What is a VFT?
• What are the fines for not registering?
• What are the costs of registering
• What are the requirements for letting out a property?
• How to legally register your property

Let’s take a look!

Why did the tourist property regulations change?

There were a number of reasons why the original regulations (Andalucian Tourism Law 28/2016) were updated.

These include:-

• Pressure from hoteliers and other tourism businesses who in recent years have seen a dramatic increase in the number of private holiday rentals sprouting up via online platforms.
• The requirement to establish a certain minimum degree of quality, safety, and control for those renting properties directly from owners.
• The need to keep a record of the identity of those who are renting for public safety reasons.
• To increase tax revenues from properties that may otherwise be unknown to the authorities. As the tourism industry accounts for around 12% of Spain’s GDP it is important that the government keeps track of activities so that taxes can be collected.
• Protection of the natural areas that may be impacted by tourism numbers.

Who is affected by the regulations?

Anyone who offers a property to rent on a short-term basis either personally, via a website, estate agents, and other tourism channels, or one of the many internet holiday rental platforms such as Airbnb.

What is classed a rental property under the law?

A property that is let out for less than two months and which is located on residential land.

Are there any exceptions?

Yes, there are. These are:-

• Properties that are rented out but not for money.
• Long-term rentals that are rented out to the same tenant for more than two months.
• Rural homes such as cortijos and farms that are covered by the separate decree for Viviendas Rurales.
• Where three or more flats or houses are owned by one person and are located in the same block or building.

What is a VFT and where do I use it?

The VFT is a number which is issued by the Junta de Andalucia and establishes that your property has been legally registered in the Tourism Registry of Andalucia.

Having the number means that you can rent your property out on a short-term basis.

Prior to receiving your VFT number, you will be issued a CTC number. This is a temporary number that establishes that your property is currently in the process of being registered and allows you to rent the property out while you are awaiting your VFT number.

What are the fines for not registering?

Fines can range from a few thousand Euros up to 150,000 Euros with licences being revoked.

The Junta de Andalucia is thought to have teams of people who will regularly check utility bills, tax declarations, online ads, magazines, and websites to catch those who are not registered.

How do I register my property with the Tourism Registry of Andalucia?

You can now complete the process online using a digital certificate.

Alternatively, can download and fill in the form supplied by the ATR called 'Declaración Responsable para el acceso o ejercicio de la actividad' and hand it over at one of the 'Delegaciones Territoriales de Turismo' once completed.

You can view a list of Delegaciones Territoriales de Turismo here

How much does it cost to register?

Registration is completely free.

Will I have to have an inspection?

Yes. Inspections are carried out during the application process to make sure you are adhering to the legislation.

You will need to make sure you have all the documentation in place such as your licence of first occupation and the title deeds of the property.

The requirements below will also have to be met.

What are the requirements and responsibilities of property owners?

The owner of the property has a responsibility to make sure that the property is provided with a minimum level of specification.

This includes:-

• The property must have been issued with an Occupation Licence.
• The rooms must have direct ventilation to the exterior or to inside patios and a system to darken the windows light.
• The property must have an air conditioning system if rented from May to September. If rented out from October to April, a heating system must be available.
• The property must be adequately furnished and equipped with the appliances and utensils required for immediate use and according to the number of people that can be accommodated.
• A first aid kit must be provided.
• Bed linen, linen, household items in general, depending on the occupation of the house and a replacement set.
• Tourist information must be provided which must provide details about the local area, leisure facilities, restaurants, shops, and food stores, closest parking facilities, medical services and hospitals, transportation, as well as maps of the city/area and entertainment guides.
• A complaints book must be made available to guests.
• To provide cleaning service at the entrance and exit of new customers.
• To provide bedding and household clothes in general according to the accommodation capacity, as well as a set for replacement.
• To provide information on the use of the appliances and installations.
• To provide the owner or operator’s phone number to report any incidents or to answer any queries.

You can see the official list of requirements at the following page here.