Tuesday, 21st November 2017
LEGAL Article
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Holiday Lettings?  Registration required.

Holiday Lettings? Registration required.

The new legislation requires the owner to register his property and to guarantee some minimum requirements for the comfort of tenants. BY LIMIT CONSULTING

Aiming at reducing fraud and to bring to light more that 80,000 clandestine holiday rentals just only in Andalusia, the regional government in this part of Spain, the Junta de Andalucia, has passed a new law for in
respect of houses used to accommodate tourists. The highlights are as follows:

Who is Obliged: Owners of houses, apartments on urban ground that are rented for holiday periods via websites, travel agency, adverts, etc… The rental is considered to be a holiday letting if guests stay for less than 2 months.

Registration: As from May, 11th 2016, owners are required to register their holiday accommodation in the Census of Tourism of Andalusia. Once the registration is completed, the property is assigned a license number that must be shown in every advert and promotional activity. Putting up a “for rent” sign or advertise in news papers without this number will become a risky situation since unregistered apartments will be considered clandestine.

Requisites: The law also imposes some requisites that are necessary to obtain the license:

  • First-occupancy license. This is a certificate given to every building for housing that shows that it is appropriate for lodging.
  • Correct ventilation. The apartment must have A/C available in the living room and every bedroom from May to September, and enough heat for winter months. Every room must have windows or a system to ensure ventilation.
  • A minimum of equipment: furniture, bedclothes…
  • Cleaning services before arrival and after departure of visitors.
  • Medical kit
  • Official complaints book,
  • Tourist information: map of the area, places of interest, medical centre, restaurants…
  • Telephone number available for emergencies during the rental.

 


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Failing to meet with these requirements can lead to an official complaint by the guest, which in turns it can trigger a fine.

After registration, an allowance of 1 year will be given to those who need to undergo major reforms to comply with some requisites as for instance installing A/C or ensuring ventilation.

Contract: The visitor must sign a contract containing personal details, period of rental, price, etc…

Number of occupants: The legal maximum is 4 people per room, not exceeding 15 guests per property.

Registry of travellers: Similarly to hotels, owners have to report the name and other details of travellers, including a photocopy of every traveller’s passport. These should be kept for 1 year, passport and copy of
contract, at the disposal of any authority that may request it. The law states that this is mainly done for public security reasons in view of the relevance that the supervision of travellers has in current global society.

Penalties: Junta de Andalucia is determined to enforce this law. At the moment they are negotiating with the major renting websites to ensure that they only advertise houses included in the census. The penalties are up to 18,000€ for serious infringements and up to 150,000€ for very serious ones. Inspectors will be checking adverts very soon.



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