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Holiday Rental Law May 2016

Holiday Rental Law Changes May 2016

As many of you will have been made aware in the local press. As of May 2016, any persons renting their property in exchange for money, will have to ensure this property is registered with the Junta de Andalucia (plus many other factors, please read below).

From May 2016, if you advertise your property for holiday rental and do not display a registration number allocated by the Junta de Andalucia, you will then be liable for fines up to €18,000. Not only this, real estate or lettings agents that promote properties that are not registered could be closed down for a minimum of 6 months.

Please note that these details are accurate at the time of writing

Requirements that you need to meet in order to rent your property for holiday’s

This is a four step process:

 1.) Register your property

2). Inspection by the Junta de Andalucia and what you need to do

3.) Bookings on your property

4.) Taxes 

  1. First of all, your property must be registered with the Junta de Andalucia supplying the following: 

a.) Occupation license

b.) Copy of your title deed or nota simple

c.) Possibly a copy of your IBI and Basura receipts for your property

d.) Completed registration documents that contain details relating to the property and the owner

(we would suggest this is completed via your lawyer, gestor or similar).

 We can recommend a lawyer that has assisted us in this area and has specialist knowledge. 

  1. You will then have an inspection by a representative to ensure that your property meets the following criteria. 
  • The property does not contain more than 15 people
  • The property owner is not renting more then three properties in the local area
  • Every room has direct ventilation (windows or doors)
  • Every room has a system of blinds to darken the room
  • There is sufficient furniture to cater for the number of people staying in the property (6 people requires seating at the dining table for 6 people and lounge requires enough sofas for 6 people and so on….
  • Main rooms should have a fixed system that cools and heats the property (main rooms = lounge, dining areas, bedrooms etc)
  • Every property should hold a first aid kit
  • Every property has an information pack that gives details on the property and local area
  • A complaints book is accessible and clearly visible at all times
  • A poster which is clearly visible outlining that a complaint’s book is available to be completed
  • The property is cleaned on entry and exit
  • There is sufficient bedding, linen, towels, pillows, cups, plates, crockery etc (for every guest)
  • There is a spare set of bedding available for each bed and person
  • There is a contact telephone number available at all times in case of an emergency
  • Clear and concise operating instructions that relate to all appliances in the property
  • A copy of the local community rules, regulations and instructions are available at all times
  • All guests are met at the property at the time of arrival and informed of the details required to stay in that particular property

 

 

  1. When you take any booking’s on your property, you must ensure your contract and agreement shows the following: 

Please note that this contract must be kept for a minimum period of one year.     

      a.) Name of the operator owner

      b.) Property registration code and inscription details (catastral reference)

      c.) Number of persons (no more than 15)

      d.) Dates of arrival and departure

      e.) The full price of the stay including the daily rate

      f.) Break down of all prices charged which include any deposits, additional taxes or charges

      g.) Contact telephone number in case of emergencies

      h.) A completed registration form by all parties staying in the property above the age of 16.  

      i.) A copy of passports for all persons aged over 16

      j.) The clients are registered with the local police within 24 hours of arrival

      k.) All contracts are kept in a binding folder for up to one year and can be available at all times. 

  1. You have a completed tax declaration on your property showing all profits that come from the rental of this property           

Please note that all outgoings that relate to the property can be used towards a reduction in tax payments (we would suggest that you speak to your accountant regarding this matter). We can provide details of an accountant that we recommend. 

If you have any questions at all that relate to the renting of your property, then please do not hesitate in contacting us.