SHORT TERM RENTAL LAW ANDALUCÍA
It has been over a year since Andalucía confirmed its VFT rental licencing scheme for the rental, of properties, on a short term basis. It follows in the steps of Barcelona, the Canaries and Balearic Islands, and also all other touristic areas throughout Spain.
The Official Decree 28/2016 of Tourist Holiday Rentals (viviendas con fines turísticos) was passed in May 2016, working in conjunction with the 2011 Andalucian Tourism Law. You have to comply with all the requirements stated in the Decree and Touristic Law. This is the main reason there has been so much confusion on the registration, due to the different legal requirements of each one.
There were many reasons for these changes, including public safety, unfair competition to hotels, reduction in tax fraud, and environmental purposes. The VFT Licence does only apply to properties that are situated in touristic/urban areas, and are rented for less than 60 days, to paying guests (Article 1 Decree).
If you rent your property on a long term rental you don't have to worry. Also properties that are rented free of charge to family/friends, or properties that are situated on rural land are exempt. (Article 47 & 48 Touristic Law).
To comply with Andalucian Touristic Laws you have to follow all 3 steps:
- Register with Junta de Andalucía
- Register with Police
- Comply with internal requirements
You will require all of the following documentation:
- First Occupancy Licence
- Title Deed
- Catastral reference number (found on IBI receipt)
- Copy of Passport/N.I.E
A part of the compulsory registration is that you are required to send a completed form between you, and the guests, to the Police, within 24 hours of the guest's arrival. This must be done for every guest over 16 years old that stays in your property on a short term basis (Orden 1922/2003 3rd July)
Fines are being issued from €2.000 up to €150.000 and property licences can be lost (Article 78). Delegated teams are on foot checking properties, utility bills, and advertising portals, so they will find all non-registered properties.
More importantly you as the owner, and the rental/property management company can be held liable! You, as the owner, have a legal obligation and a duty of care to comply with all of the legal requirements (Article 4 Decree).