Real Estate Law Experts 

This new Decree-Law of the Government of Andalusia has the objective of regulate the houses which are rented for tourism purposes as a tourist accommodation service, and this Law comes into force on 11th May of 2016, so before this date the house has to be registered in the Andalusian's Tourism Registry. Benedit Solicitors advice is to do it as soon as possible and at least authorize us to get a copy of the First Occupation Licence*, which is the document that takes more to be processed.

 

Benedit Solicitors can get this new requirement for you. You only have to send us an email with the documentation of your home, or schedule a meeting in our office and we analyse with you the documentation of your property. Ask to your Holiday Property Manager or Agent if they are Benedit Solicitors collaborating companies to get 25% off on our fees.

 

Next, we'll explain the definitions, requirements, and registration of your House for Tourism Purposes, as follows:

 

House for Tourism Purposes Definition

 

Is defined by House for Tourism Purposes those houses which are located in residential land, properties that will be offered to clients through a price for accommodation service in the area of Andalusia, regularly and for tourism reasons are commercialized or promoted in tourism offer channels. Shall be considered tourism offer channels the travel agencies, companies that mediate or organize tourist services and channels that include the possibility of booking the accommodation.

 

House for Tourism Purposes Requirements

 

The Houses for Tourism Purposes must meet the following requirements:

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• Have First Occupation Licence* and comply everytime with the technical conditions and house quality. If you do not have it, ask Benedit Solicitors to get it.

• The rooms have direct ventilation to the outside, or to courtyards and some darkening windows system.

• Be sufficiently furnished and equipped with appliances and available utensils needed for immediate use and according to the number of persons.

• Fixed Cooling Air systems in rooms and lounges, when the operating period is between the months of May to September inclusive. And if the operating period is from October to April inclusive, they must have heating systems.

• First aid kit.

• Tourist information available in physical or electronic form, of the local area, entertainment, restaurants and cafes, shops and food stores, the closest parking to the house, existing medical services in the area, urban transport, plans of the town and entertainment guide.

• All homes will must have a Book of Claims and Complaints available to the users, and a advertising poster in a visible place inside the house.

• Cleaning house at the entrance and exit of new clients.

• Bed linen, linens, household items in general, according to the occupancy of the apartment and a set of replacement.

• Provide the users a phone number to handle and resolve immediately, any question or issue relates to housing.

• To make available to the users information and operating instructions for appliances or other devices that require it for proper use.

• Inform the users of internal rules regarding the use of facilities, offices and housing equipment, as well as admission and presence of pets in the home, restrictions on smokers as well as areas of restricted use.

 

 

Registration in the Andalusian's Tourism Register

 

To begin the tourism rental, the person or entity which is responsible for operating this service, will have to formalize the corresponding Responsibility Declaration to the Regional Ministry responsible for Tourism Sector, which manifests the the property complies with the requirements of new Decree, and this way be able to advertise the house for tourism rental. The minimum content is as follows:

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• Identification of house data, like Title Deed, its cadastral reference, and its capacity according to the First Occupation License* .

• The details of the Owner and address for notifications, Benedit Solicitors clients can have our office as address for notifications.

• Identification of the person, or operator, and license, in the case of not be the person who owns the house.

• Once registered the house for tourism purposes, will be generated one Registration Code in the Andalusian's Tourism Registry that should be indicated in all advertising or promotion by any channel.

 

 

* First Occupation License.

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The purpose of this law is that the Houses for Tourism Purposes, must have all urbanistic authorizations and licenses from the Town Hall, and also to make sure the tourists have all the utilities of electricity, water, etc. (without the license of first occupation you can not hire supplies with utility companies), but especially for apartments or villas that are located in rustic land or non-urban areas. If you do not have this license, Benedit Solicitors advise you to authorize us to request it to the Town Hall.