The Decree 28/2016, of February 2, on tourist housing and amending Decree 194/2010, of April 20, on tourist apartments, has been published in the Official Gazette of the Andalusia on 11 February 2016 and will enter into force on 12 May 2016.
Definition of Holiday Rentals (or “homes for tourism purposes”):
They are those located in residential land, offered as a hosting service for a price in Andalusia, for tourism purposes and on a regular basis.
“Regular basis” and “tourism purposes” are presumed when the home is rented or promoted through “specialized media”.
The so-called “specialized media” are travel agencies, real estate mediation companies or others which organize tourist services, and reservation platforms (i.e. Airbnb, Wimdu, and others).
The home must not be rented to the same person for more than two continuous months.
Housings excluded from the Decree:
- Homes let for free.
- Contracted by more than two months time continuously by the same user.
- Housing in rural areas.
- The “tourist apartments”. When the same person is the owner or operator of three or more residential dwellings in the same or different buildings, contiguous or not, they can not be considered “houses for tourism purposes” but they are “holiday apartment”.
The responsible statement:
There is an obligation to make a “responsible statement” with the Ministry of Tourism of Andalusia to initiate the activity.
The content of the statement will be:
- Property details, including the number of seats available (depending on occupancy license or similar document).
- Details of the person or entity that will operate the activity, as well as the title (contract) that enable you to do so if the owner is a different person.
Following the presentation, the Ministry registers the house in the Registry of Tourism of Andalusia, and a registration number is granted. The latter must then be visible in any advertising.
The legal responsible person is presumed to be the owner, unless another person or entity appears as responsible in the responsible statement submitted.
Prices and cancellations:
The price of the accommodation services shall be stated in the home, and it can’t be exceeded, nor can unsolicited prices or concepts be charged if they are not listed on the specialized media.
The price offered will be per night.
In any case it must include water supply, electricity, heating, cooling, cleaning before the entrance of new users, linens and kitchen ware.
Price conditions, reservation, advance payments and, if applicable, cancellation payments shall be governed as expressly agreed between the parties.
When not expressly agreed by the parties, owners or operators of homes may require in order to secure the booking that users pay in advance up to a maximum 30% of total price as a deposit.
Similarly, in case of cancellation of the reservation produced by the user, the owner or operator of the home may withhold up to 50% of the deposit if it is made within ten days of the date scheduled for the occupation. If it is canceled less than ten days before the date scheduled for the occupation, they can retain the full amount of the deposit.
When the cancellation is made by the owner or operator, they must return the payment made by the user and if the reservation is canceled less than 10 days before the date of occupation, they also must pay a compensation of 30% of the price of the contracted stay.
Modalities of renting:
The rental may concern the entire house or rooms (and in this case, the owner must reside in the dwelling).
If you rent the entire house, it may not exceed 15 seats.
If you rent rooms, it shall not exceed 6 seats.
In any case, there cannot be more than 4 people per bedroom.
All user will be given a document, like a contract, stating the data regulated in the Decree.
The copy of the document, once signed by the user, shall be kept by the owner or operator and it shall remain available for the Andalusian Administration during one year.
Relevant requirements, information and services:
- Rooms will have direct ventilation to outside or to patios, and a darkening system at the windows. There are exceptions.
- Rooms must be sufficiently furnished and equipped with appliances and fixtures necessary for immediate use, and according to the number of places available.
- Fixed cooling elements in rooms and lounges, when the operating period comprises the months of May to September inclusive. If the operating period covers the months from October to April inclusive, they must have heating. There is one year (until May 12, 2017) to adapt houses to this requirement. There are exceptions.
- There will be a First Aid kit.
- Tourist information must be provided, in print or electronically, on the area, entertainment, restaurants and cafes, shops and food stores, nearest parking to the house, existing medical facilities in the area, urban transport, town planning and shows guide.
- Complaint Forms must be available for the users.
- The house must be cleaned before the entrance and after the exit of users.
- Bedding, linens and household goods must be provided according to the occupancy of the apartment, and there must also be a set of replacement.
- Users must be provided with a contact phone number to address and resolve immediately any consultation or incidence related to housing.
- There must be operating instructions for appliances or any other device.
- Users must be informed of the internal rules regarding the use of facilities and housing equipment, as well as of the admission and presence of pets in the house, restrictions for smokers, as well as any area of restricted use in the house.
If they had not agreed anything about the time of delivery and completion of the period, it shall be presumed that the right of occupancy of the apartment starts at 16 a.m. on the first day of the contracted period and ends at 12.00 hours of the day ending the period.
By Guzmán López