Tourism Licence: What do I need to do to rent my house out in Spain for holiday lets?

To rent my house out in Spain do I need to register my property with the Andalusian Tourism Council to be able to obtain a tourism licence and rent it out?

What is classed as a tourist rental property or a holiday property?

They are dwellings located in buildings situated in residential land, where accommodation for tourist purposes is provided for a price and on a regular basis. Tourist use will be presumed when the property is offered and promoted in tourism channels: travel agencies, real estate agents, companies that intermediate to supply accommodation, internet platforms, applications, etc. that offer the property rental and include the possibility to book the accommodation. A web page that offers the property for rental (exclusively or with others) providing contact details (telephone number, email, etc) is considered by the authorities included in the scope of the law.

When I want to rent my house out in Spain. What is not considered a tourist rental property or a holiday property in the light of the wording of the law?

Properties that are offered as tourist or holiday accommodation free of any charge.

Dwellings that are rented to the same person for continuous use for more than two months.

Properties located in rural areas that have a specific regulation.

The group of three or more dwellings of the same owner located in the same building or in different developments, as they shall be ruled by the laws applicable to Tourist Apartments.

What requirements must be met by the tourist rental or holiday properties?

The property must have an Occupation License.

The rooms must have direct ventilation to the exterior or to inside patios and a system to darken the windows light.

They must be adequately furnished and equipped with the appliances and utensils required for immediate use and according to the number of people that can be accommodated.

The property must have a fixed air conditioning systems if rented from May to September and heating if they are rented from October to April. Owners will have one year from the entry into force of the Decree to adapt their properties to this requirement.

They need to have a first aid kit.

They must provide tourist information about the place, leisure areas, restaurants, grocery stores, closest parking facilities, medical services, transportation, as well as maps of the city and entertainment guides.

To have a complaints book.

To provide cleaning service at the entrance and exit of new customers.

To provide bedding and household clothes in general according to the accommodation capacity, as well as a set for replacement.

To provide the owner or operator’s phone number for incidents.

To provide information on the use of the appliances and installations.

The decree distinguishes between two types of holiday properties:

Complete: when the whole dwelling is rented.

By rooms: when only certain rooms in the house are rented. In this case, the owner must also reside in it.

The use will be restricted to what is allowed by the Occupancy License for that property, although in the case of complete use the lodging shall not exceed fifteen people and six if it is rented by rooms. In both cases, moreover, places are limited to a maximum of four per room.

If I want to rent my house out in Spain. What should I do if my dwelling falls into the category of tourist rental or holiday property?

Before starting to give the service the owner or operator must formalize the declaration of responsibility to the Andalusian Council of Tourism in which the compliance with the requirements of the Decree has to be stated. Having made this statement, you can advertise your home for tourist use and begin the activity.

In accordance with the decree this declaration must contain at least:

Identification details of the property, including the cadastral reference and its capacity determined by the Occupation License or equivalent document.

Information about the owner and address for notifications.

If the operator of the activity is not the property owner, the operator´s details must be provided, as well as the title allowing him/her to rent (contract with the owner). If the property is owned by several people, the operator must have an empowering title (contract) granted by each and every one of them.

These homes will be officially registered in the Tourism Register of Andalusia and the ups and downs will be communicated to the municipalities where the properties are located and to the Council responsible for housing.

Once the property is registered, the applicant will be notified and will receive the registration code which must be included in all advertising and offers made for the property by any means.

Obligations of the owner.

Guests log book. You must fill in a registry sheet for each stay and keep a copy of ID of all your guests. This registry sheet must include the RTA registration number.

With all registry sheets, you must produce a Guests Log Book, that must be available in case the authorities request it.

Advertising. It is compulsory to include RTA registration number in all property advertising.

Sign / plate. You must place a sign or plate indicating that the property is a Holiday Rental property, either on the main entrance of the building or in case this is not allowed by the community, at the apartment door.

Reservation. In case you take a reservation deposit, you can ask for a maximum of 30% deposit on rental price, and a cancellation period must be offered. At least:

Before 10 days, 50% of reservation must be refunded.

After 10 days, no refund is compulsory.

Occupancy rate. You can either rent out the complete property or individual rooms. However, when renting out per rooms, the owner must live in the property.

Rent complete property – no more than 15 pax.

Rent per rooms – no more than 6 pax.

No more than 4 pax. per bedroom in any case.

Registration at the relevant Police authority. As any hotel or accommodation provider, you are obliged to inform the Spanish authorities that you are renting out your property, and you must provide them with a list of your guests on a regular basis.

When you attend the police premises for registration, they will provide you with a username and password, that you will use for sending them through the internet the list of your guests.

This general advice has been kindly provided by Francisco Gomez His details are below. To find out more about your own personal more detailed circumstances or to obtain a licence please contact:

Francisco Gomez.

Gómez Abogados Lawyers

Ctra. Málaga 103, Edif. Perla 1 Loc 2 Of. 5, 29120 Alhaurín el Grande (Málaga)

T. + 34 952 59 62 58  – info@gomez-abogados.com

http://www.lawyerpropertylaw.com/

Francisco Gómez

Graduated in Law at the University of Málaga.
Registration Number: 8272.
Association: Malaga Bar Association.
Francisco has an in-depth knowledge and understanding of the legalities and procedures involved in buying and selling a Spanish property. Over the years, Francisco has successfully provided expats (both resident and non-resident) with professional advice and unrivalled customer service, to ensure the smooth running of any real estate transaction or legal procedure. Francisco and his team offer a hands-on professional approach to each and every client, to ensure total peace of mind and customer satisfaction.