Tourist Rental Regulations in Andalusia

“If you had to visit only one city in Spain, it would be Granada”.

– Ernest Hemingway

Granada is considered to be one of the most beautiful cities in Spain.

Proof of this are the millions of tourists who travel to Granada every year.

We already know that more and more travellers prefer holiday flats over hotels. 

This leads to a growing demand for holiday homes which are one of the global phenomena of the last decade.

With this change in traveller’s behaviour comes a perfect opportunity to set up a tourist accommodation business.

If you are thinking of renting out your property in Andalusia to travellers, but don’t know what regulations and requirements apply to it, we have detailed them below.

Keep reading to know more!

What regulations apply to tourist flats in Andalusia?

The Autonomous Community of Andalusia issued Decree 28/2016, of 2 February, on tourist accommodation in Andalusia. 

We know that regulatory texts are difficult to understand, so let’s take a look at it and analyse it together.

Which properties can be used for tourist purposes in Granada?  

  1. Those that are located on residential land in Andalusia.
  1. Which offer tourist accommodation services.
  1. These services must be offered in exchange for a price.

They have to be promoted and advertised on a regular basis and for tourist purposes through tourist offer channels, for example travel agencies, tourist management companies, holiday rental platforms, among others. 

Which properties cannot be used for tourism purposes in Granada? 

They are exempt from the Decree and therefore cannot be properties for tourist purposes:

  1. Properties that are given free of charge (e.g., to relatives or friends);
  2. Rented for a period of more than two months, continuously by the same person;
  3. Rural houses and tourist flats, which are governed by their own rules;
  4. Properties that are not offered through tourist supply channels.
  5. Sets formed by three or more properties owned by the same person and located in the same building, complex or in adjoining buildings (regulated by the tourist flat regulations).

It is very important to distinguish tourist flats from tourist properties (VFT). The accommodations, or housing, for tourist purposes are a second activity or economic income for a person who rents an accommodation without engaging in this activity professionally. 

Peculiarities of holiday rentals in Andalusia

Unlike other autonomous communities, Andalusia has its own peculiarities when it comes to holiday rentals. 

Holiday rentals by room are allowed, on the condition that the owner of the property is a resident of the property.

Tourist properties are limited to:

15 persons in the whole flat rental mode o, 

6 persons in the room rental mode

– In neither of the modes may there be more than 4 beds per room, of which 2 can not be bunk beds.

A VFT is not considered a VFT if the duration of the rental contract is for a period of more than 2 months continuously by the same person. In this case it is regulated by the Urban Lease Law.

What are the requirements for VFTs in Andalusia?

Owners who want to use their home for tourist rental in Andalusia must first of all make sure that they meet the requirements of Decree 28/2016, i.e: 

  1. Have or apply for the licence of first occupation.
  1. Certificate of ownership of the property.
  1. Authorisation from the community of owners. The community of owners must not prohibit properties for tourist purposes in their statutes. If the community is opposed to this type of rental, but its statutes do not prohibit it, go ahead, you can do it.
  1. Rooms with direct ventilation to the outside or to a courtyard.
  2. A window shading system. 

This requirement does not apply when the property, or the building in which it is integrated, is listed as an Asset of Cultural Interest and the level of protection prevents any type of work, modification or intervention that is necessary to comply with the requirement. However, you can hang curtains to keep out the heat.

  1. If rented from May to September: a cooling system by fixed elements in the living rooms and bedrooms.
  2. If rented from October to April: a heating system.
  3. Sufficiently furnished for immediate use.
  4. Bedding, linen, household goods in general, depending on the occupancy of the property and a replacement set.
  5.  First aid kit.
  6. A complaint book. All holiday rentals in Andalusia are obliged to have an official complaint and claims forms, which must be displayed in a visible place and accompanied by an information sign.
  7. Tourist information – places of entertainment, restaurants and cafés, shops and food shops, the nearest car parks, medical services, urban transport, map of the town, etc.
  8.  The price offered will be per night of stay.
  9. Energy efficiency certificate. The energy efficiency certificate is a document certified by a qualified technician that details the degree of energy efficiency of a building, and is mandatory for rental properties, regardless of whether it is for tourist or long term purposes. Tourist properties throughout Spain must, from 2 June 2021, display the energy certificate in their advertisements and include it in contracts.
  10. Cleaning service on arrival and departure of new guests.
  1. Customer service telephone number.
  2. House manual informing of the rules, instructions for the use of electrical appliances and other devices, the admission and existence of pets in the house, restrictions for smokers.
  3. Registration of travellers – Registration in hostels.

Your flat has the requirements for tourist rental and you want to start receiving guests, but you don’t know how to register the property?

In Beahost Rentals we give you useful tips and help you with the documentation to get the tourist license. Call us without obligation!  

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