Due to the market situation for holiday rentals, the Regional Government of Andalusia has published a new decree 31/2024 of 29 January, which came into force on 22 February 2024. This decree repeals and amends some articles of the decree published in 2016.
For the first time, this new regulation allows local councils to restrict holiday rentals for reasons of general interest. The new law aims to find a good balance between tourism and the quality of life for local people. In addition, the law helps to prevent unfair competition from people who rent out their homes illegally.
The law applies to already licensed homes as well as to applications for new permits. Homes with an existing permit have 12 months to comply with the new conditions.
New requirements:
A living space of at least 14m2 per person must be provided (excluding terraces and outdoor areas)
From 5 tenants there must be at least two bathrooms, with more than 8 tenants the minimum is increased to three
- Bedrooms and living rooms must have direct ventilation to the outside and a window darkening system. However, this requirement will not be enforceable if the local or regional authority exempts them from compliance for reasons of architectural protection
Kitchens and bathrooms must have direct or indirect ventilation
The homes must have air conditioning in the bedrooms and living room if the rental period includes the months of May, June, July and August. They must also have heating in the bedrooms and living room, if the rental period includes the months of December, January, February and March
Obligations for owners
The owners are obliged to provide their clients with the following:
- A 24-hour service number, an evacuation plan on the inside of the front door, a first aid kit, a smoke detector & fire extinguisher
- An official complaint form from the Junta de Andalucía and a poster announcing this in a visible place in the property
- They must also inform their clients about the rules of the community of owners, such as information about pets, smoking restrictions, etc.
- The property must be equipped with furniture, cutlery, kitchen utensils and linen. All bedrooms must have a wardrobe. The property must have an internet connection and a television
- The tenant may occupy the property from 3:00 p.m. on the first day of the contract period until 11:00 a.m. on the date of departure. However, it is possible to agree on a different regime. • If the manager is not present in the property at the time of arrival or departure of the clients, the handover of the keys must be arranged in advance.
This decree applies to properties intended for rental for less than two months, where accommodation is offered for payment of a fee and for tourist purposes. Tourist purposes are understood to mean when the property is marketed or advertised in tourist promotion channels, such as travel agencies, tourist companies and channels that allow booking accommodation.
If you want to use a property for short-term rental (less than 2 months) through commercial rental websites, a license from the Registro de Turismo de Andalucia (RTA) must be requested. Booking sites such as airbnb, Booking.com, … and all other major booking sites may only include you on their website if you have a registration number for this. You can apply for this yourself via the Junta de Andalucia, but because everything has to be in Spanish and you also have to answer some specific questions, we recommend that you have this application done by a lawyer or your accountant.
In addition to having the correct permit, you are obliged to digitally register all guests (aged 16 and over) staying in the house with the Guardia Civil within 24 hours of arrival. For this you need a copy of the guests’ IDs, which you must keep for a year in case of a possible inspection. Non-professional renting to family or friends is allowed without an RTA permit and tax return. If you are not present in your house yourself, you must in principle also register them via the Guardia Civil app.
If you rent out a space for holiday purposes, also take into account the fiscal aspects of this. The rent you receive must be declared to the Spanish tax authorities. Recently, the amount that you can deduct from the rental income has been increased. In this case, you can think of, for example, the property tax (IBI), the costs for an association of owners in an urbanization, the costs that you incur to promote your holiday home, … Good advice on this is important.
This information is based on the data that we have received. It is a summary. For ALL obligations and for specific questions, we recommend that you contact your lawyer.
