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Property Rental Regulations in Andalucia

Andalucia's Holiday Rental Law (Decree 28/2016) was officially approved on February 3rd of 2016 and sets out a number of strict regulations for landlords providing short-term rentals in the region.

Regulations governing holiday rentals in Andalucia are now very established and there are steep sanctions associated with non-compliance, ranging between £1,500 to £115,000.

New-builds on the Costa del Sol are built to the highest standards, ensuring compliance with most if not all of the regulations on rentals in place. We highly recommend using a qualified Spanish-speaking lawyer to assist you to submit the relevant paperwork to ensure that you meet each and every criteria, saving you time and money along the way.

In the meantime, here is a brief run-down on Andalucia's Holiday Rental Law for you to consider:

Properties Included under the definition of a Holiday Rental:

  • - Property is located on land classified as residential
  • - Property is rented out regularly to tourists on a short-term basis
  • - Reservations can be made online or through a booking system
  • - Property is advertised using specialised platforms/via intermediary companies between the landlord and tenant in exchange for a commission i.e. travel agencies, real estate agencies, holiday rental websites such as Airbnb, HomeAway etc.)

Excluded Properties:

  • - Properties that are lent to friends or family for free
  • - Properties that are rented out to the same individual for a continuous period of time exceeding two months
  • - Properties located on land classified as rural

Requirements:

  • - Property must have attained a Licence of First Occupation issued by the town hall once the building works have been completed, ensuring property complies with planning, health & safety and disabled access laws both at a national and regional level. The license allows the purchaser to live in the property legally and is required to ensure supply of water, electricity, gas and telephone connection
  • - Rooms must be ventilated and have blinds or shutters
  • - Rooms will have appropriate furniture required for use of renters
  • - Air conditioning units must be installed in every bedroom including the living rooms if rented out between the months of May and September
  • - Heaters must be made available in every bedroom including the living room October through to April
  • - On-site first aid kid must be provided
  • - Mandatory cleaning service at the start and end of every stay
  • - A signed Holiday Rental Agreement detailing the landlords contact details, the property's registration code with the Junta de Andalucia, the exact number of lodgers and total price of the rental
  • - A Registration Form detailing the identity of the lodgers, including a copy of their personal ID/passport that must be submitted to the Guardia Civil within 24 hours of the start of the rental. Click here for a sample standardised copy by law.

Price and Reservation:

  • - Price will be per night and all-inclusive (water, electricity, heating, AC etc.)
  • - Landlords are free to determine price, bookings, reservation deposit and cancellations
  • - Landlords are obliged to provide invoices to guests for every payment made including the initial reservation fee.

Restrictions:

  • - No more than 15 lodgers will be permitted to rent out a single property at any one time
  • - If the property is being rent out by rooms, the landlord must live in the property. No more than 6 vacancies can be offered and each individual room cannot exceed four lodgers.

You can download and the fill in the form for free via Andalucia's Tourist Registry (ATR) and deliver it to one of the Delegated Tourism Territory's once completed.

If you are planning to invest in a property in the region of Andalucia with the intention of providing short-term holiday rentals, hire a lawyer to ensure the property is registered and abides by the regulations in place.

Contact Domus Venari to gain access to our wide range of New-Builds and New Developments that meet the criteria for Holiday Rentals in Andalucia.

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