New regulations of holiday rentals in Andalusia

 In Legal, Mercantile

If you own a property that you use for the tourist purposes, this article will be of relevant interest to you. Alternatively, if that’s not the case but you know someone who does, share it with that person as you know it will be of great help for their tourist establishments. In this article, we will tell you about the modifications that have been made in Decree 31/2024 of January 29th, related to the regulations for tourist accomodation in the Autonomous Community of Andalusia.

In an effort to address the changing landscape of tourist accommodations, the Andalusian government has introduced significant updates to the regulations governing tourist housing through Decree 31/2024, dated January 29, which amends various provisions on tourist use housing, tourist apartment establishments, and hotel establishments in the Autonomous Community of Andalusia. This new decree aims to ensure fair use of housing within the region, emphasizing respect for local communities and the preservation of residential spaces, and ensuring the quality of the accommodations offered in the region.

Highlights of the Decree:

1.Explicit Prohibitions.

The decree explicitly bans the use of officially protected housing (VPO) for tourist purposes. Similarly, housing considered “equivalent to out of order” cannot be used for tourist accommodations unless expressly authorized by local councils after a thorough assessment. Particularly relevant has been for those homes located in buildings whose constitutive titles or statutes of the community of owners contain an express prohibition for the activity of tourist accommodation.

 

2.Empowerment of Town Councils.

In a move to manage the impact of tourism, Town Councils now have the power to set limitations on the number of tourist homes within specific areas, sectors, or periods, based on considerations of compelling public interest.

 

3. Setting the periods of tourist use.

Owners must now declare in advance the periods during which their property will be used for tourist purposes, including whether it will be available all year round. Offering tourist services outside these declared periods will be considered a clandestine activity.

 

4. Management by Third Parties

The new rules require that if an owner employs a company to manage their tourist accommodation, the identity of this company must be declared to the Andalusia Tourism Registry.

 

5. Housing Requirements.

Various specific criteria have been established, including:

    • A limit of one housing unit per cadastral reference, unless it can be proven the existence of two or more homes with the same cadastral reference.
    • A maximum of four guests per bedroom, with at least two in beds that are not bunk beds.A maximum of four guests per bedroom, with at least two in beds that are not bunk beds.
    •  When homes are for full use, two convertible places in the living room are allowed, which will count towards the maximum capacity of the housing.
    • Having a minimum built dimension of 14 m² per place, according to the built surface of main use as stated in the Electronic Headquarters of the Cadastre. In any case, the minimum built surface of main use will be 25 m² or, failing that, the one determined by urban planning.
    • Having two bathrooms if the number of places is more than five and three bathrooms if the number of places is more than eight.
    • Mandatory exterior ventilation for bedrooms and living areas, with specific requirements for kitchens and bathrooms.
    • Seasonal air conditioning and heating requirements, having modified the periods of the year for each of these functionalities.
    • There is also a new annex, which determines requirements related to household goods and furniture to be met by tourist use homes. Detailed annex on pages 9 and 10 of Decree 31/2024, 29 of January 29th, published in the BOJA.

6. Improved Services for Guests.

Guests must be provided with a contact number that is operational 24 hours a dayes, comprehensive information about local regulations and community rules, and detailed receipts for payments and deposits.

 

7. Key Exchange Protocols.

Prohibits making keys available to guests in public spaces through safes or similar methods.

 

8. Authorization for data exchange.

Owners must ensure express authorization for the transfer and exchange of data with public authorities, including tax authorities.

 

To conclude, it is necessary to take into consideration that homeowners have a grace period to align with these new standards, emphasizing the need to adhere to legal requirements in the operation of tourist accommodations.

These changes underline the importance for owners of tourist use housing, or those who want to acquire a home for these purposes, to be well informed and seek professional legal advice to ensure compliance with their obligations.

 

Rita Cortés

Mercantil Departament MTA Legal

 

MTA LEGAL OFFERS A TEAM OF ADVISORS AT YOUR DISPOSAL FOR ANY CONSULTATION YOU MAY NEED REGARDING THIS ARTICLE.

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