The New Law for Holiday Rentals

In force in Andalucia since 12th of May 2016
Rentals, Holiday Homes

The New Law for Holiday Rentals

On the 12th of May 2016, the new regulation about holiday rentals came into force in Andalucia. If you own a property which is habitually offered for rent at a price, you have to register it as a “Vivienda Turistica” (Touristic property) in the specific registry created by the regional government, otherwise your apartment will be considered as “clandestine” and you will face a fine of up to 18.000 Euros (just for failing to register).

Which properties DO NOT have to be registered.  Those rented for periods longer than 2 months (to the same person) and those that are not being offered for rent habitually. So, if you are renting out your apartment for long term, this new regulation will not affect you in any way. Also, if your property is on rural land or you haver 3 or more properties for rent, you have to follow a different procedure (“Apartamentos Turísticos/Touristic apartments in the first case and “Vivienda Turistica de Alojamiento Rural”/Touristic home on rural land  in the later).

Which properties have to be registered? Apartments, town-houses and villas situated on residential land  which are habitually offered for rent at a fixed price. This applies to both  properties offered completely or by rooms, but in the latter case the owner has to live in the property. So the key word here is “habitually”. The Tourism department of the Regional Government understands that a property is being offered for rent habitually when it is being advertised through tourism channels, such as travel agencies or online platforms. It is important to take into consideration that  even if you do not use any of these channels to advertise your property, but you are renting out your property habitually, you still have to register.

You need to register your property on the “Registro de Turismo de Andalucia” (Andalusian Tourism Register). You can try to do this yourself, or you can use a lawyer who will file your application and will provide you with all the necessary advice. Once your registration aplication is approved, you will be granted with a Registry Number that you should include in any advertisement of your property.

Finally, you need to sign a contract with every tenant, even if it is for one night only, and you need to see a copy of their ID, details of which must be kept for one year together with the contract. You (or your agent) have to pass the details of every guest over 16 years of age to the Police or Guardia Civil within 24 hours from the arrival of the guests. You can do this on-line, but you or your agent will need to visit the Police Office to obtain an username and password to log into the police website..You can read more about this clicking here.

And last but certainly not least, what can Bravo Legal do for you regarding this new regulation? Well, we’re here to lend a hand! We can assist you in registering your property. Once the registration process is complete, we’ll remain by your side to help with tax declarations and address any questions or concerns you may have regarding the implications of this new regulation.

Our fees for the registration will be 300,00 + V.A.T.,

Since November 2020, the registration can only be made on-line, and this means that if we are going to file the application on your behalf, we will need a Power of Attorney signed before a Notary. If this can be signed using our local Notary, we will not charge anything extra for this, but you will have to pay the Notary fees (approx 80 Euros). If you can’t attend to our Notary and/or you have to sign this in a Notary in your country of residence, we will charge an extra of 150,00 Euros + IVA as we will need to provide you with a draft of the Power of Attorney, and you will need to pay the Notary fees too, please also bear in mind, if the document is signed outside the UE, you will need to legalise the document with the Apostille of The Hague Convention.

If you want to read about the TAX implications of this new law please click HERE.

If you want to REQUEST OUR SERVICE please click HERE

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