Holiday Rentals in Andalusia Made Easy

Raymundo Larraín Nesbitt, July, 3. 2017

Lawyer Raymond Nesbitt explains the legal requirements of holiday rentals in Andalusia. The idea behind this blog post is to give a simplified version of his in-depth article with all the minutiae: Holiday Rental Laws in Andalusia (Decree 28/2016).

By Raymundo Larraín Nesbitt
Lawyer – Abogado
3^rd of July 2017

Holiday Rentals in Andalusia Made Easy

Holiday rentals in Spain are experiencing an unprecedented explosive growth, nothing short of a new property boom.

So much so, that holiday rental asking prices are reportedly soaring by two digits year-on-year as highlighted by recent headlines in Spanish Property Insight and other media outlets:

Rental prices smash boom-time records in six regional capitals led by Barcelona

Front-line beach rental prices up 10pc in a year

Rental asking prices rising fast say portals

As a result, drawn by this new rental frenzy, more and more buy-to-let landlords wishing to capitalise on their Spanish properties are jumping into the fray letting them out short-term to tourists.

If you are interested in registering your holiday rental or hiring our Holiday Rental Accounting Service for your holiday rental business, please contact us.

More information on holiday rental taxation: Holiday Home Taxation in Spain.

Andalusia

The Spanish region of Andalusia passed its own holiday rental law last year. It is known as Decree 28/2016. More details in my article: Holiday Rental Laws in Andalusia (Decree 28/2016).

Almost every region in Spain has its own law on holiday rentals. For a full region-by-region list check my article: Holiday Rental Laws in Spain.

Holiday Rental Excluded Properties

Properties which are lent to friends or family without an exchange of money (free).
Properties rented to the same individual for over two months.
Rural properties.
Properties within tourist apartment complexes (Apartamentos Turísticos).

Requirement List

The property must have attained a Licence of First Occupation.
Rooms must be ventilated and have blinds or shutters to obscure them when necessary.
Be furnished and equipped with appliances ready for their immediate use.
Air conditioning unit affixed in every bedroom, including living room (for properties let between May to September).
Heater must be made available in every bedroom, including living room (for properties let between October to April).
First aid kit.
Tourist information including services and amenities in the surrounding area.
Complaints book.
Mandatory cleaning service at the start and end of every new lodging.
Clean bed linen at the start of every new lodging.
24-hour contact number for complaints or queries.
Instructions for the use of household and kitchen appliances.
Inform lodgers on the use of communal areas, pet regulations, smoking restrictions.

Mandatory Registration before Andalusia’s Tourism Registry (ATR)

If you are going to rent out your property as a holiday rental in Andalusia it is mandatory you first register it before the ATR.

Our law firm offers full registration, POA.

More information on this legal service here: Registration of Holiday Homes.

Non-compliance: Fines and Sanctions

Humongous fines ranging from €2,000 up to €150,000 are levied on non-compliance with this new law.

Over sixty properties have already been fined, hundreds more in the pipeline.

Don´t let it happen to you, contact us.

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in taxation, inheritance, conveyancing, and litigation. We will be very pleased to discuss your matter with you. Please contact us for a free initial consultation. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

Legal services Larraín Nesbitt Lawyers offer you

Holiday rental related articles

Renting in Spain: Top Ten Mistakes – 8th of June 2011
Let-to-Buy in Spain: The Smart Choice – 8th of April 2012
Letting in Spain: The Safe Way – 10th of October 2012
New Measures to Bolster Spain’s Ailing Rental Market – 8th of July 2013
Tenant Eviction in Spain – 8th of June 2014
Holiday Rental Laws in Spain – 8th of March 2015
House Hunting in Spain – Interview with The New York Times. June 2015
Taxes on Buying Spanish Property – 8th July 2015
Non-Resident Taxes in Spain – 8th December 2015
Resurgent Spain: Málaga Sees Strong Sales – Interview with Mansion Global (The Wall Street Journal). December 2015
Holiday Rental Laws in Andalusia (Decree 28/2016) – 8th of February 2016
Decree 20/2002: Andalusia’s Holiday Rural Rental Decree – 8th of April 2016
Urban Rental Law in Spain – Spain's Tenancy Act – 8th May 2016
Buying Property in Spain – 10 Reasons to Hire a Lawyer – 8th November 2016
Renting in Spain - Landlord´s Taxation – 8th of January 2017
Renting in Spain: Non-Resident Landlord's Rental Tax Relief – 14th of January 2017
Buying Property in Spain from a Private Seller (Resale Property) – 21st of February 2017
Buying Property in Spain from a Developer (Off-Plan Property) – 8^th March 2017
NIE Number Explained – 8th May 2017
Community of Owners in Madrid to ban Holiday Rentals – 29th June 2017
Holiday Rental Home Taxation in Spain – 8th July 2017
Holiday Rentals in Andalusia Made Easy – 3^rd July 2017
How to inspect an off-plan property overseas – Q&A with The Sunday Times. July 2017

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.