Decree passed by the Government of the Autonomous Community of Andalusia on the 3rd February about dwellings used with Touristic purposes.
Last 3rd of February, a new Law was passed that intends to provide rules for those properties that are permanently rented to tourists. The Law hasn’t been drafted with accuracy and creates confusion for lawyers but also to property owners at the Costa del Sol.
This lack of accuracy makes it very difficult to know what is required according to this new Law. From the moment the Law is in place and being applied for a few months it will be possible to know more. Individuals and professionals will require further details through their enquiries.
For the time being, property owners must have their particular case be studied by a lawyer. The Law requires to all those properties that are considered as “dwellings for touristic purposes” according to the requirements of this Law to present a self-assessment as well as a number of documents to be included in a Register for properties of this type. This Register will collect applications for registration only as from the 12th of May so for those that wish to apply to rent in summer, these days could be very useful to prepare the documents to attach to the application for registration.
The purpose of this law is to provide a special legal regime for these properties, including rules about how to make or refund reservations / deposits, as well as to set guarantees regarding quality and safety for customers and users of this type of properties such as: cleaning upon arrival, emergency number in case of incidents, provide touristic information on the area of Marbella and the Costa del Sol, provide a minimum equipment or furniture or to provide a complaint book to clients.
WHAT ARE THE PROPERTIES EXCLUDED FROM THIS LAW (Art 1.2)
Note that “Dwelling for touristic purposes” is not the same as “touristic apartments”. The latter are regulated by a different law. As an example: an individual that owns 3 or more residential properties in different buildings (into the same urbanization or not) are considered “Touristic apartments” and not “Dwellings for touristic purposes”. These ones have different requirements.
WHAT PROPERTIES ARE FORMALLY INCLUDED IN THIS LAW?
The Law literally rules that these properties are:
1.- Properties built in residential land where accommodation will be offered against a price in a “regular” way (as opposite to occasionally) for “touristic purposes” in the Autonomous Community of Andalusia.
2.- The property is occupied regularly and for touristic purposes when the accommodation is publicly marketed through “channels for tourist offers”.
3.- Channels of touristic offers are travel agencies, companies who mediate or organize touristic services and those channels that allow booking the accommodation accepting funds as reservation.
If your property in Marbella or the Costa del Sol is included into any of these 3 cases you must register your property with Junta de Andalusia.
The Junta de Andalusia will consider that properties are rented for touristic purposes when they are advertised through websites that allow clients to book and to reserve the property. So does it mean that in cases where the property is marketed with a board on the balcony through websites that do not allow booking taking a deposit owners are not required to register? Well it seems that it will be the case but the problem is that there is not a rule clearly declaring this cases as excluded form the Law so in case there is a fine the owner would prove that is not renting regularly and in case its not possible to prove it the fine will be confirmed.
HOW TO REGISTER AT JUNTA DE ANDALUSIA?
The registration is done by submitting a written form signed by the property owner or the person in charge. This is called “Declaration of the person responsible for the dwelling”. Once this form is presented the property can be marketed or advertised.
This declaration or self-assessment will have a minimum content:
WHAT ARE THE LEGAL, TECHNICAL AND ADMINISTRATIVE REQUIREMENTS FOR THIS TYPE OF PROPERTIES?
As stated at the beginning the purpose of the Law is in reality to set up guarantees of users of this type of holiday apartments. Below I include the list of requirements at article 6 of this Law:
We hope this article can help property owners to fulfill the requirements of the new Law but in any case, please do not hesitate to contact us for further legal advice about the purchase and sales or rentals of your property in the Costa del Sol, Spain.
Jose F. Criado Sanchez
Lawyer in Marbella, Malaga, Costa del Sol