2017-07-07 13:00:03

The Holiday Home Rental Law in Andalusia

The Holiday Home Rental Law in Andalusia

The law in Andalusia for the registration of holiday home rentals came into effect on 12 May, 2016 (Law 13/2011 of Tourism of Andalusia).

The Holiday Home Rental Law requires every rental property to have an Andalusia Tourist Registry code (ATR). The code is far simpler to acquire than previously anticipated and the majority of rental properties in the region have now been registered.

Rental properties which are not registered are not legally allowed to be rented out and owners can be fined up to €115,000 for non-compliance.

Registering the property is not expensive and a lawyer or property management company will help owners with registration if their command of Spanish is not so good.

The Spanish government will investigate those who are renting to ensure they are paying tax on their profits.

Spanish town halls are now using new technology to find the non-registered properties that are advertised on holiday rental websites. Once they obtain this information they will check it with their public records to uncover the properties and their owners who have not registered.

Holiday property owners who make profit from renting their accommodation out should also be filing and paying their non-resident taxes in Spain. They can obtain more information about this tax from their accountant or lawyer.

On the up side, if you have registered your property you will no longer have competition from the undeclared tourist rentals, once they have been removed from rental listings.

If a landlord advertises their property on specialised media or with companies that charge a commission, such as HomeAway, TripAdvisor, Airbnb etc. the property will be regarded as being rented out to tourists.

Rental requirements

  • Rental properties must have a Licence of First Occupation (LFO), which is issued by the Town Hall once the building works are finished (properties without this licence are often recently completed and the licence may have been applied for
  • Fixed air conditioning units must be situated in every room (including the living room) if the property is being rented between May and September
  • If properties are being let in winter (October to April) a heater must be available in every room (including the living room) as a fixed feature
  • Rooms will have appropriate furniture for use by lodgers in proportion to the number of people lodging in the premises
  • Properties must have a first aid kit
  • The property owner must provide brochures (physical or electronic) to show local amenities, medical centres etc.
  • A complaints book must be included in the property and displaying a large sign to say that the book is available
  • A cleaning service must be provided at the start and end of each rental period
  • Instructions for working electrical goods and kitchen appliances must be provided
  • Working contact phone numbers must be available in case any emergencies/problems arise

If you have any questions regarding the rental laws affecting Andalusia, speak to your lawyer in Spain who will be able to give you up-to-date advice.

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