New Regulations for Renting Properties for Tourists in Spain

The local authorities in the Spanish region Andalusia recently passed a legislation related to tourist rentals. The new Decree defines the properties that can be rented to foreign tourists and will be enabled beginning with May, 2016.

The content of the Spanish Holiday Rental Law

Under the Decree 28/2016 on Tourist Holiday Rentals, a holiday rental accommodation is considered any property situated in a residential zone regularly marketed for touristic ends. These Spanish properties can be promoted through travel agencies or any other type of company providing tourist services.

According to the new legislation, owners of this type of houses are require to register their properties with the Tourist Registry of Andalusia starting with May 11^th,2016. Foreign citizens owing a property they want to rent for touristic purposes can request the assistance of Spanish lawyers for registration.

Types of properties falling under the new Spanish law

The new Holiday Rental Law provides for the following properties to be registered with the Spanish Tourist Registrar in Andalusia:

• -          properties to be let to tourists on a regularly basis;
• -          properties to be rented for short-time periods;
• -          properties which require prior reservation.

 The owner must use specialized media channel to advertise the property apart from travel agencies, intermediary companies or tour operators. The proprietors must also apply for a special License of First Occupation.

Exceptions from the Tourist Rental Law in Andalusia, Spain

The recently passed legislation does not provide only for the types of properties to be registered for touristic purposes, but it also specifies the properties that are excluded from its provisions. These are:

• -          real estate rented for free to family or friends;
• -          real estate that is rented through a standard rental agreement, according to the Tenancy Law;
• -          properties located in a rural area.

Spanish companies owning real estate located 1 km away from the main office are also excluded from the new Tourist Rental Law.

Considering there are several conditions the rooms destined for accommodation need to fulfill, we invite you to contact our law firm in Spain for complete information about the new holiday rental legislation.