As most people know, on May 12, 2016 a new regulation about holiday rentals came into force in Andalucía
If you own a property which you offer for rent, you have to register it as a “Vivienda Turistica” (Touristic property) in the specific registry created by the regional government, otherwise your apartment will be considered as “clandestine” and you will face a fine of up to €18.000 – just for failing to register/
Which properties have to be registered?
Apartments, town-houses and villas situated on residential land which are habitually offered for rent at a fixed price. This applies to both properties offered completely or by rooms, but in the latter case the owner has to live in the property. So the key word here is “habitually”. The Tourism department of the Regional Government understands that a property is being offered for rent habitually when it is being advertised through tourism channels, such as travel agencies or online platforms. It is important to take into consideration that even if you do not use any of these channels to advertise your property, but you are renting out your property habitually, you still have to register.
Which properties do not need to be registered?
Those houses which are rented for periods longer than two-months (to the same person) and those that are not being offered for rent habitually.
If you are renting your apartment for long term, this new regulation will not affect you in any way. If your property is on rural land it does not affect you.
What you need to have in the house:
1º) You need to check that your apartment comply with the following requirements:
Be aware that when you sign the form “Declaracion Responsable” (“Responsible Declaration) you are declaring that you are complying with all the above.
2º) You need to register your property on the “Registro de Turismo de Andalucia” (Andalusian Tourism Register). You can try to do this yourself, or you can use a lawyer who will file your application and will provide you with all the necessary advice. Once your registration application is approved, you will be granted with a Registry Number that you should include in any advertisement of your property.
3ª) Finally, you need to sign a contract with every tenant, even if it is for one night only, and you need to see a copy of their ID, details of which must be kept for one year together with the contract. You (or your agent) have to pass the details of every guest over 16 years of age to the Police or within 24 hours from the arrival of the guests. You can do this online, but you or your agent will need to visit the Police Office to obtain a username and password to log into the police website.
ATA can help you to register your property, advising you in detail of all requirements that need to be met and help you to achieve them.
Our fees for the registration will be €150 + VAT and will include all the necessary initial tax and legal advice related to this.
We are here you during these uncertain times and can help with all your accounting needs and questions.
We are working from the office and remotely and can always be contacted on +34 951 607 006 or +34 626 559 714. Email firstname.lastname@example.org – we are happy to participate in video calls via Skype or Facetime.
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