ARE YOU RENTING YOUR SPANISH PROPERTY TO TOURISTS? YOU COULD BE FACING A FINE UNLESS YOU HAVE MET THE REQUIREMENTS OF THE NEW LAWS!
New laws for Landlords in Spain
Due to the growing demand for Short-term holiday rentals in Andalusia in recent years, and the increased availability of these through web sites such as Booking, Airbnb, and real estate agencies, Decree 28/2016 came into force on the 11th May 2016.
The main purpose of this Decree is to regulate properties that offer touristic accommodation in Andalucia, in order to establish a set of mínimum quality guarantees, and thus offer security for Short-term holidaymakers.
When is Decree 28/2016 applicable?
Only properties located on land for residential use which earn a rental income through short term lets for less than two months for tourists on a regular basis, and which is used continuously by the same person(s).
The Law will be applied to those landlords owning up to two properties in the same complex. For three or more properties a different law will be applicable.
Decree 28/2016 presumes that a property marketed or promoted through a travel agency and other property booking operations is rented out regularly to the tourist trade, and therefore must comply with the regulation.
What obligations do I have if I am owner or person renting the property?
1. Registration in the Tourism Registry of Andalusia;
2. Contract adapted to the new Law;
3. House conditioning;
4. Official identification of the users of the properties at the start of their temporary stay by completing the required entrance form.
Are they any penalties?
If an owner has initiated a tourist rental operation without declaring it , it could be considered as a clandestine activity, and thus as a serious infringement of Law 13/2011. Punishment for such activity, if proven, incurs fines from 2,001 to 18,000 euros, and the suspension of the tourist rental activity.
For more information about these new requirements, or in order to proceed so that your property conforms to the new regulation please consult www.legalrentals.es