Understanding Andalusia's New Tourist Accommodation Regulations: What Owners Need to Know
Plus: 27 Things you can’t miss if you own a tourist rental property in Andalucia.
Image credit: Pixabay
What Andalucía’s new tourist rental rules change
The Andalusian tourism sector is on the brink of significant transformation with the introduction of a comprehensive new law aimed at regulating tourist rental housing. This legislation, affecting over 116,000 properties across Andalucía, with a substantial concentration in Malaga province, is designed to standardise the burgeoning market. It introduces stringent requirements covering aspects from property size and facilities to operational mandates for owners and managers.
A Regulatory Revolution for Andalucía’s Tourism Industry
Municipal Oversight and Zoning: Local councils will have the power to limit holiday apartment numbers
A major change gives municipalities the authority to classify land use specifically for tourist accommodations. This includes the power to impose caps on the number of tourist properties within specific locales or buildings, potentially reshaping the distribution and availability of such rentals.
Professionalisation of the Operating Framework
The law aims to make the tourist accommodation sector more professional. It clarifies the operational status of companies, demanding transparency and accountability, thereby enhancing the quality of services and safeguarding consumer rights.
Capacity and Space Regulations
New caps have been introduced, limiting the number of dwellings to fifteen per property or six per apartment when rented by rooms. Furthermore, space per individual is mandated at a minimum of 14 square metres, alongside specific bathroom requirements based on the number of beds, ensuring comfort and privacy.
Ventilation and Living Standards
The legislation enforces direct ventilation requirements for living spaces, with exceptions only under particular conditions like architectural preservation. This aims to guarantee a basic standard of living, emphasising health and wellbeing.
Furnishing and Equipment Specifications
A comprehensive list of furnishing and equipment standards has been outlined, from kitchen appliances to linen, ensuring properties are ready for immediate occupation and cater to the needs of occupants, reflecting a move towards standardised luxury and convenience.
Stricter Operational Caps
A significant update to the regulations is the introduction of a cap on the number of tourist accommodation units an owner can operate. Specifically, an owner is limited to operating just two units, whether directly or through management companies. This move aims to curb property speculation and prevent large economic operators from dominating the market through third-party accommodations. Management companies must register with the Andalusian Tourism Register, bringing a more professional oversight to the sector.
Local Councils’ Expanded Role
The decree also vests local councils with the authority to regulate the distribution and operation of tourist accommodations within their jurisdictions. This includes the power to limit the number of rentals in certain areas, sectors, or buildings, aiming to balance tourist accommodations with residential needs and urban planning objectives.
Quality Control Measures
To enhance the quality of tourist accommodations, new requirements have been proposed, such as mandatory noise level metres in properties to manage and mitigate potential disturbances. This reflects a broader commitment to maintaining the quality of living in neighbourhoods affected by tourist rentals.
Legal Framework and Community Rights
There’s a legal backdrop that emphasises the balance between property owners’ rights and community coexistence. Recent legal interpretations indicate that while communities can regulate to minimise nuisance, outright prohibition of tourist rentals by community statutes may conflict with fundamental property and enterprise freedoms. Owners and communities both need to understand their legal position before acting.
Image credit: Jose Francisco Fernandez Saura
27 Things you can’t miss if you own a holiday rental property in Andalucía.
If you have a vacation rental in Andalucia, make sure you are covered by the new regulation with these 27 steps:
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Mandatory Registration: Owners must register their properties with the Andalusian Tourism Registry to legally rent out their properties.
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Transparency Requirements: Must disclose management details if operated by third parties.
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Adherence to Local Laws: Compliance with municipal zoning and usage regulations.
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Data Protection and Privacy: Ensuring guest data is handled in accordance with data protection laws.
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Residential Units: Only one residential unit is allowed per property identifier unless it is verified that there are multiple residences sharing that identifier.
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Bedroom requirement: Each bedroom can accommodate up to four guests, with a requirement that at least two guests must sleep in non-bunk beds.
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Complete Home usage: For homes designated for complete use, up to two additional sleeping spaces in the living room are permissible, which will be included in the total occupancy limit of the property.
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Space per guest: Properties must offer a minimum of 14m² per guest and adhere to specific occupancy limits.
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Living Area: The minimum primary use living area must be at least 25 square metres or as defined by local zoning laws.
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Bathroom requirements: Properties accommodating over five occupants must provide at least two bathrooms, and those with more than eight occupants must have at least three bathrooms.
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Amenities and Safety: It’s now required to provide exterior ventilation, adequate lighting, and meet safety standards, including fire safety and emergency equipment.
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Bedrooms and living spaces must have external ventilation, with specific ventilation standards for kitchens and bathrooms. Exceptions can be made due to architectural protection.
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Air Conditioning: Seasonal air conditioning and heating are mandated, with adjustments to the seasonal periods for each system.
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Key Prohibitions: Use of protected housing (VPO) or housing “equivalent to out of order” for tourist purposes is banned unless authorised by local councils.
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Town Councils’ Authority: Councils can limit tourist home numbers in certain areas or periods for public interest.
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Tourist Use Period Declaration: Property owners must declare the specific periods their property will be available for tourist use. Unauthorised use outside these periods is prohibited.
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Third-Party Management: Owners using companies for accommodation management must register these companies with the Andalusia Tourism Registry.
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Enhanced Guest Services: Provision of a 24/7 contact number, information on local and community regulations, and detailed receipts for guests is required.
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Key Exchange Regulations: Keys cannot be made available in public spaces using safes or similar methods.
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Data Exchange Authorization: Owners must have express authorization for data sharing with public authorities, including tax authorities.
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Compliance Period: Owners are given a grace period to comply with new standards, emphasising legal adherence in tourist accommodation operations.
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Importance of Compliance: Owners should stay informed and consider legal advice to ensure they meet their obligations under the new decree.
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An additional section has been included outlining the standards for household goods and furnishings in homes used for tourism purposes. These requirements are detailed in an annex found on pages 9 and 10 of Decree 31/2024, dated January 29, as published in the BOJA.
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Furnishings: Every property designated for tourist use must be outfitted with an array of furnishings and appliances critical for immediate occupancy, tailored to accommodate the exact number of occupants. Essential to this requirement is the inclusion of a television and ample power outlets across all rooms, ensuring the space is fully functional and liveable right from the start. This entails the provision of fundamental utilities such as electricity, alongside both hot and cold running water, to meet basic living standards.
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Kitchen setup: In the heart of the home, the kitchen, a minimum setup includes two cooking burners, alongside either an oven or microwave, and a refrigerator, ensuring guests have the means to prepare meals. The inventory extends to a comprehensive list of kitchenware and utensils - including plates, silverware, glasses, as well as cooking essentials like frying pans, saucepans, a corkscrew, bottle opener, scissors, can opener, and colander. To complement these, a selection of small kitchen appliances is necessary, such as a blender, toaster or grill, a juicer, and a coffee maker. Adequate storage solutions and cleaning supplies, along with facilities for separating waste, are expected to maintain order and cleanliness.
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Bedding: There’s a requirement for property owners to supply well-kept bedding, linen, blankets or duvets, and pillows, ensuring a restful sleep. This comprehensive approach to furnishing and equipping properties not only caters to the immediate needs of guests but also reflects a commitment to creating a hospitable and inviting environment.
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Health and Hygiene: Properties must be cleaned and sanitised between stays.
What This New Regulation Means for Tourists
Improved Accommodation Standards
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Higher Quality Stays: Tourists can expect accommodations that meet higher standards of comfort and safety.
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Professional Management: Properties managed with a focus on guest satisfaction and service quality.
Enhanced Safety
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Secure Environments: Stricter safety standards ensure a safer stay for tourists.
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Health and Comfort: Enhanced focus on cleanliness, ventilation, and access to emergency services.
Greater Transparency
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Informed Choices: Easier for tourists to understand what they are booking, with clear listings and adherence to standards.
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Trust in Accommodations: Confidence in the quality and legality of rental properties.
Image credit: Nizar Klai
Northern Estates Marbella: Positioning and Services in the New Regulatory Landscape
We follow these changes closely so we can explain to owners what they mean for a specific property.
Quality Enhancement Services
The emphasis on quality and community integration aligns with Northern Estates’ commitment to excellence. Their interior design services can transform any property into a compliant, luxurious space that appeals to discerning tourists demanding a premium experience.
Strategic Investment and Development
For investors and property owners, understanding the impact of these regulations on property values and market dynamics is crucial. Northern Estates’ expertise in finance and strategic investment can help clients optimise their portfolios in response to the changing legal landscape, ensuring that investments remain attractive and compliant.
Conclusion
The introduction of Andalucía’s new tourist rental housing law significantly impacts property owners, tenants, and tourists by setting higher standards for tourist accommodations. Owners now have new legal and operational requirements to meet, covering safety, comfort and quality for guests. The aim is higher standards, safer properties and more transparency in the holiday rental market.
If you own, or are buying, a property you plan to let to tourists, check its licence position and your community’s rules before you commit. We can talk you through how the new rules apply to a particular property, and your lawyer can confirm the detail.
Sources
Original announcement on Official Gazette of the Government of Andalusia: https://www.juntadeandalucia.es/boja/2024/24/50
Image Credits
Pixabay, Jose Francisco Fernandez Saura, Daniel Nouri, Nizar Klai
Disclaimer
This article is provided solely for informational purposes, reflecting Northern Estate’s interpretation of current legal frameworks and market practices, which are inherently subject to change. It does not purport to offer, nor should it be interpreted as offering, professional investment, financial, or real estate advice. Individuals considering any form of investment or financial planning in relation to luxury real estate should consult with a qualified professional advisor to tailor advice specifically to their circumstances. Northern Estates has endeavored to ensure the accuracy of the information herein; however, we cannot accept liability for any errors or omissions.