If you want to rent your property in Andalucía you must have a tourism license. Here we explain some of the new rules and regulations that govern all aspects of renting in Andalucía.
The regional government of Andalucia passed a law in February 2016 which came into force on May 11th 2016. This law covers many aspects of the private rental market.
Your property MUST have a tourism license. Basically there are two types depending on where your property is located. The majority of properties that we manage are Vivienda con Fines Turísticos - as they are located on the coast, or in a town of at least 20,000 inhabitants. There is another category for properties in rural locations.
You can then opt to offer the entire property for rent, which again is the usual option for properties that we manage. There is a maximum occupation limit of 15 guests in this case.
You can also choose a bed and breakfast option, this is where you still live in the property but rent out a number of bedrooms. In this case the maximum number of guests cannot exceed 6.
You can ONLY offer accommodation. If you start offering other services, even breakfast, then you must charge VAT which is currently 21%. This applies to the whole of the stay including the accommodation if other services are included.
Length of stay
Spain has some very complicated laws that cover rented accommodation. The MAXIMUM length of stay regarding as a 'holiday' is two months. After this time the law that applies to residential lettings would apply and the tenant will have a wide range of rights, including the right to remain for up to five years.
The license requires your property to meet certain physical requirements. We offer a full compliance check for peace of mind, but here is a selection of what may be required if not already present.
The living room/living areas and the bedrooms must have fixed air-conditioning if you rent the property between May 1st and September 30. Ceiling fans are not considered as air-conditioning.
If you rent the property between October and April it must have a heating system that is able to maintain a constant temperature of at least 19 degrees C. Portable gas heaters are not considered as a heating system.
Any room designated as a bedroom must have direct external ventilation (ie a window) and all windows, patio doors, or any other exterior opening must have either shutters or curtains or some other way of ensuring that light is obscured. (Total blackout is not required)
The property must be furnished for the maximum occupancy declared. So if you say that eight people can stay in your apartment the dining table would have to be able to seat 8. In the same way you must provide crockery and cutlery for 8 people.
You have to provide bed linen and towels for the maximum occupancy plus one extra set.
You cannot offer a cleaning service while the guests are staying. For a lengthy stay you will be expected to provide clean linen, but this is for the guests to change. This is because you are offering accommodation on a self-catering basis if you offer a serviced option then you must apply VAT to the entire stay, just like a hotel.
You must clean and service the property at the end of the stay and/or immediately prior to occupation. Additional cleaning requirements are now in place to satisfy new Covid regulations.
You must provide a first aid kit in the property and ensure this is stocked and up to date.
You must provide your guests with a 24hr emergency contact number.
You are also required to provide quests with local information about their location and amenities that are available.
We also recommend that you provide detailed instructions on the operation of any appliances and also provide a fire extinguisher and instructions on what to do in any emergency.
Procedures for managing holiday rentals
Apart from physical requirements, license holders are also required to manage their rental in a particular way. It is worth nothing that the license holder (the property owner) and not the agency that might be managing your property is ultimately responsible and may be fined for any infractions.
Guests must have a holiday contract, this must include check in and check out dates, number of guests and the total price payable. The contract must also include the following information, or this must be clearly displayed somewhere.
- The owner's, or property manager's contact details
- The property license number
- A 24hr emergency contact number
- Maximum allowed occupancy
The official complaints form must also be available in each property and its location clearly marked.
Guests must either complete a guest registration form, or in our case use our electronic check-in and scan system which send a copy of guests ID documents along with their signature to the national police database. (Some properties are registered under the Guardia Civil but the same requirement applies) This data must be submitted within 24hrs of arrival.
Check-in times must be agreed in advance and guests MUST be met at the property where their IDs are checked and keys may be handed over. Self-check in is not allowed.
Guests should be given clear house rules regarding noise, refuse, use of swimming pools etc.
You must keep comprehensive financial records for a minimum of 12 months, these must be available for inspection.
You can only advertise your property on a nightly basis (you cannot advertise for a week for example) this rate must include linen and utility charges.
You must ensure that guests are sent in advance of their stay a written booking confirmation and this must also show any additional charges. Guests must also receive an official receipt for all payments.
You must also publish a booking and cancellation policy. If you don't then the official policy published by Andalucia will apply. Make sure if you accept bookings through a booking platform such as Airbnb that their policy will usually apply.
Can you rent your property informally?
This depends. You could rent your property to friends, but you CANNOT advertise it. You MUST have a license number if you advertise. You also need to be aware of the immigration rules as they apply to UK nationals now that the UK is no longer part of the EU. Technically UK visitors are now tourists and should have a holiday contract to show where they are staying. You also need to be careful about declaring your income to the tax authorities and also make sure that you are adequately insured. If someone slips at your poolside you could end up with a massive compensation claim.
BonaSOL rental management offer
BonaSOL offer property owners peace of mind. We can take care of all the property registration formalities. We undertake property compliance checks and make sure your property meets current requirements.
We ONLY operate in a fully compliant way. We meet guests at check-in and make sure that guest IDs are in order and match the holiday contract. We use a sophisticated system to scan guests passports or ID documents and send these to the police at check in.
We provide a comprehensive guest services package, in-print and on-line. We also have a dedicated 24hr on-call service for any emergency.
Our house keeping services are fully Covid-19 compliant.
We provide owners with tax compliant financial statements every month.
Why trust this to someone who does not do it for a living? This is what we do, and we provide you with complete peace of mind.