Registration and Requirements for Renting in Andalucia

Foreword

This page is designed to provide some information for people interested in renting their Andalucian homes to tourists. It is a translation and simplification of a document published by the Junta de Andalucia. The original document in Spanish is found here. No warranties are given as to the accuracy of the translation and description below but it is provided in good faith.

Ministry of Tourism and Sports Decree

The Decree 28/2016, February 2nd 2016, amended the former Decree 194/2010, of 20 April 2010 in relation to establishments of tourist apartments using seasonal leases.

In recent years there has been a significant increase in the use of private accommodation for tourism, which the Andalucian Government believed, could be providing unfair competition to hotels in the area. The Comprehensive National Tourism Plan 2012-2015 noted that "there has been an ever increasing use of private accommodation in tourism". This increase is linked to new forms of travel, the desire of tourists to have a more direct relationship with the residents of their destination, the advent of new and faster ways of marketing and the direct use of numerous internet portals. Unfortunately these tourist channels are very broad and they are not always accompanied with excellent service, or a minimum guarantee for the users. Hence it was decided to reform the previous Act which specifically excluded establishments using seasonal leases for tourism purposes.

Some Objectives of the Decree

• To establish minimum guarantees of quality and safety for tourists.
• Protection of travellers rights as users of specific services.
• Protection of the general and the urban environment.
• Provide a census of accommodation for tourism in Andalusia.
• To eliminate tax avoidance and unfair competition in tourism.
• To ensure compliance with basic minimum infrastructure requirements.

Registration in the Register of Tourism of Andalusia

Before providing accommodation for tourists, the person or entity that operates the service will have to apply to the Ministry responsible for tourism and show compliance of the requirements of this Decree before advertising the property for tourism. The minimum information required for this application is:

• Data for identification of the property, including its cadastral reference data, and capacity depending on occupancy license or equivalent document.
• The data of the owner and address of person for notifications.
• Identification of the person who will manage the property for tourist purposes, if it is not the person who owns the property.
• Any alteration or modification of the data referred to in the preceding paragraphs must be communicated to the Ministry responsible for tourism.
• Accommodation for tourism purposes shall be entered ex officio in the Register of Tourism of Andalusia
• Once registered as accommodation for tourism purposes, the code entered in the Register of Tourism of Andalusia must be indicated in any advertising or promotion of the property.

Inspection and Penalty System

• The inspection services of the Ministry responsible for tourism will exercise the functions of checking and monitoring compliance with the provisions of this standard.
• Those who commit offenses for breach of what is stated in this Decree shall incur administrative liability.
• The service operator must allow tourism inspection services to exercise their functions.

Transitional arrangements.

Houses must be adapted to the provisions below by 11th May 2017

Requirements and common services

Accommodation for tourism purposes must meet the following requirements:

• Provide occupational license and comply at all times with the technical conditions in relation to accommodation quality.
• The rooms will have direct ventilation to the exterior or to patios and some system of darkening of the windows.
• Be sufficiently furnished and equipped with appliances and utensils needed for immediate and according to the number of places at their disposal use.
• Fixed cooling elements in the rooms and lounges must be provided when the operating period is within the months of May to September inclusive.
• If the operating period covers the months from October to April inclusive, they must have fixed heating.
• First aid kit must be provided.
• Must provide tourist information in physical or electronic form, in terms of entertainment, restaurants and cafes, shops and food stores, the nearest parking to the house, existing medical facilities in the area, urban transport and guide the town shows.
• Complaints and Claims book must be available to the users.
• Cleaning property when a new customer enters and leaves.
• Bedding, linens, household goods generally, according to the occupancy of the apartment and a set of replacement.
• To provide the users a phone number to resolve immediately incident in relation to the property.
• Make available to the users information and operating instructions of appliances or other devices.
• To inform users of internal rules regarding the use of facilities, offices and property equipment.
• To inform users whether pets are allowed in the accommodation and any restrictions for smokers either in the accommodation or other areas.

Rental Contract

• Any individual user at the time of booking will be given a document, like a contract, stating at least the name of the person or operator of the accommodation, the alphanumeric registration code in the Registry of Tourism of Andalusia, the number of people who will occupy, dates of entry and exit, the total price of the room and phone number for information and service.
• The users who make use of the dwelling must present their identification.
• The copy of the document referred to above, once completed and signed by the client, shall be kept by the person or operator and will remain available to the competent bodies of the Administration of the Junta de Andalucía for a year.
• The person or operator shall allow the user to enter the accommodation freely as both have agreed. If the owner or property manager will not be available at accommodation at the time of arrival or departure of customers, they must arrange for delivery of keys.
• At the time of delivery of accommodation for tourism purposes to the individual user, they must be informed about the operation of appliances and other instruments as required. Similarly the user will be informed about the rules of use of the common elements and facilities or residential block and will be given the keys, cards and passes that allow access and enjoy these facilities.

Reservation and Price

• The price offered will include water supply, electricity, heating, cooling, cleaning before new users and to provide bedding, bath and kitchen ware.
• The price, conditions, reservation, advance payments and, if applicable, cancellation shall be governed as expressly agreed between the parties, which in any case should be detailed and publicised prior to contracting. At the time of booking the users will be provided with proof of the total price of the reservation, the advances made and penalties applicable.
• When not expressly agreed between the parties provided the terms of the preceding paragraph, persons or households operators of users may require any person making a reservation, an advance price as a deposit, which is understood on account of the amount resulting from the reserved services up to a maximum of 30% of total stay.
• Similarly, in case of cancellation of the reservation, the person or operator of the accommodation may withhold up to 50% of the advance if the cancellation is made within ten days of the date scheduled for the occupation. If booking less than ten days from the date scheduled for the occupation is cancelled, you can retain the full amount of the advance.
• When the cancellation is made by the owner or operator, you must return the payment made by the client and if the reservation is cancelled less than 10 days notice also must pay compensation to 30% of the contracted stay.
• If cancellation of the reservation occurs, both by individual user as by the owner or operator, for reasons of force majeure duly justified, no penalty can be applied. Force majeure circumstances are abnormal and unpredictable circumstances which could not have been avoided, despite having acted with due diligence.