# New holiday home rental law coming into effect in Andalucia



## unis09 (Jan 30, 2016)

The Euro Weekly News tells us that tne new decree regarding property rentals came into effect on February 2. If you rent your place out you need to register with the Andalucia government by May or face potentially huge fines. You have a year in which to be fully compliant with stringent new rules governing facilities and information you are providing.

Does anyone have information about how to apply for the registration and the precise requirements?


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## unis09 (Jan 30, 2016)

The link to the article is:

Euro Weekly News - Costa del Sol 4 - 10 February 2016 Issue 1596 by Euro Weekly News Media S.A. - issuu


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## amespana (Nov 10, 2009)

And how will they police this?


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## el romeral (May 8, 2012)

More red tape!
Most likely they will try to insist all have disabled access, lifts and a multitude of fire exits etc. Along with associated frequent inspections. Nightmare.

On a slight aside.
A friend of my daughter was due to start work as a hairdresser in a new premesis in Malaga, a few weeks ago. The whole thing fell through when the council demanded that the people renting the building fit a disabled lift (too big for a ramp apparently) at 8000€! Worst bit is the building had been a bank before for years without any lift or even ramp!

Where is the "business friendly" C party when you need them?!


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## snikpoh (Nov 19, 2007)

I am really surprised that Andalucia has only just implemented this - other areas have had this ruling for ages.

They are apparently going through all holiday rental sites and using this to check for licences etc.

Generally I think this a good thing but not when it's been forced upon everyone by the hotel industry just because they're loosing business - get more competitive for g*ds sake!


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## Sirtravelot (Jul 20, 2011)

Any more news on this?

So far all information has been really vague.


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## AllHeart (Nov 22, 2013)

Interesting!!



Sirtravelot said:


> Any more news on this?
> 
> So far all information has been really vague.


Hi Sirtravelot. Here are two more articles about this new law. Again, they're a little vague, but there is more info.

ANDALUSIA: Owners will have three months to register tourist rental properties - Spanish Property Insight

Holiday rentals Andalucia

So the registration has to be done with RTA (Registro de Tourism de Andalucia), which is here:

Registro de Turismo de Andalucía (RTA)

I'm not 100% positive, but I think these are the offices where you can register and find info about this with the RTA:

Oficinas Registradoras


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## AllHeart (Nov 22, 2013)

P.S. Note the link in the first article at the end to this interesting article, which speaks of regulations throughout Spain:

Region-by-region update on Spain’s holiday rental law - Spanish Property Insight


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## Sirtravelot (Jul 20, 2011)

Owners obligations and legal advice in the Costa del Sol, Andalucia. Spain - Regulations/Tax Issues - We are your AirBnB hosts forum!

I also found that link there.

So...what happens if you do your business from the UK? You can't, can you? The Spanish goverment will want it done with euros, right? Pain in the arse.


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## AllHeart (Nov 22, 2013)

Sirtravelot said:


> Owners obligations and legal advice in the Costa del Sol, Andalucia. Spain - Regulations/Tax Issues - We are your AirBnB hosts forum!
> 
> I also found that link there.
> 
> So...what happens if you do your business from the UK? You can't, can you? The Spanish goverment will want it done with euros, right? Pain in the arse.


Running business from the UK, meaning you're living in the UK? Would you not have to claim this as foreign income?

That's an interesting article you posted, but that's based on draft legislation that was published last summer, not the actual legislation. From the first article I posted, they say they have just now passed a decree, but the legislation has not been published yet. Once it is published in the Junta's official bulletin, expected to be in May, that is when the clock starts ticking for the three-month deadline to register. This is where it will be published: Junta de Andalucía Since it's not published yet, that's why the information is vague so far. 

Yesterday there was an article about this in Sur in English:

Junta gives three-month deadline for owners to register holiday properties . Surinenglish.com


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## Caz.I (Mar 21, 2009)

AllHeart said:


> Running business from the UK, meaning you're living in the UK? Would you not have to claim this as foreign income?
> 
> That's an interesting article you posted, but that's based on draft legislation that was published last summer, not the actual legislation. From the first article I posted, they say they have just now passed a decree, but the legislation has not been published yet. Once it is published in the Junta's official bulletin, expected to be in May, that is when the clock starts ticking for the three-month deadline to register. This is where it will be published: Junta de Andalucía Since it's not published yet, that's why the information is vague so far.
> 
> ...


I would have thought that it would not matter if you are running your holiday let business from the UK if the income you are generating is from business carried out in Spain? But I am not a law or tax expert, so who knows?

What is confusing is who it actually applies to. The Sur In English article implies that even owners of just one or two properties are affected and must register, where as the article by De Cotta Lawyers posted earlier and another two posted above say that the register is voluntary and owners of one or two properties which are rented out short term do not have to register. But of course everyone needs to declare income for tax purposes. I suppose we will have to wait till May to find out then.

I think legal advice needs to be sought in each case but if it does include landlords who only rent out one property for the summer, for example, then I can imagine a lot of owners may decide not to continue with holiday lets and even sell their properties, and it will probably put off a lot of prospective buyers too, who are buying for investment purposes. Also although this will mean less private renting, I am not so sure that holiday makers will automatically decide to stay in hotels. They may just go elsewhere. So I think the Junta's plans may backfire and have negative effects in the long run.


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## snikpoh (Nov 19, 2007)

Caz.I said:


> I think legal advice needs to be sought in each case but if it does include landlords who only rent out one property for the summer, for example, then I can imagine a lot of owners may decide not to continue with holiday lets and even sell their properties, and it will probably put off a lot of prospective buyers too, who are buying for investment purposes. Also although this will mean less private renting, I am not so sure that holiday makers will automatically decide to stay in hotels. They may just go elsewhere. So I think the Junta's plans may backfire and have negative effects in the long run.



It certainly does apply to single properties. However, if the property is only available for a limited period each year (not sure what this period is ATM - must go and read the new rules again), then it is exempt.

If someone has more than a certain number of such properties, then they must register as a business.


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## AllHeart (Nov 22, 2013)

Caz.I said:


> I would have thought that it would not matter if you are running your holiday let business from the UK if the income you are generating is from business carried out in Spain? But I am not a law or tax expert, so who knows?


What I'm saying is if you're a tax resident in the UK, you would pay taxes in the UK on the Spanish property. I think that's what Sirtravelot was asking.



Caz.I said:


> What is confusing is who it actually applies to. The Sur In English article implies that even owners of just one or two properties are affected and must register, where as the article by De Cotta Lawyers posted earlier and another two posted above say that the register is voluntary and owners of one or two properties which are rented out short term do not have to register. But of course everyone needs to declare income for tax purposes. I suppose we will have to wait till May to find out then.


Yes, it's confusing from the articles that were posted. But if you look at the dates of the articles, it will make more sense. The De Cotta article was from January of last year. Sirtravelot's article was from the summer of last year, and the voluntary registry that they talk about there no longer exists. The Spanish Property Insight article and the Sur in English article are from this week. 



Caz.I said:


> I think legal advice needs to be sought in each case but if it does include landlords who only rent out one property for the summer, for example, then I can imagine a lot of owners may decide not to continue with holiday lets and even sell their properties, and it will probably put off a lot of prospective buyers too, who are buying for investment purposes. Also although this will mean less private renting, I am not so sure that holiday makers will automatically decide to stay in hotels. They may just go elsewhere. So I think the Junta's plans may backfire and have negative effects in the long run.


Yes, with new laws I also think typically getting legal advice is the best advice. I don't know if less renting means the law backfires. I'm sure they will expect less illegal renting.

Canada and the US are also cracking down on illegal holiday rentals, but they lag behind Spain. 

I saw this happen in Canada in the 90s when people were running illegal bed and breakfasts. The government stepped in and made rules and regulations that put a lot of people out of business. But the quality went up. This is a new wave of illegal rentals through the internet, but the same situation.


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## 90199 (Mar 21, 2010)

Here to sell or rent you also need an energy efficiency certificate. Short term rental licences are no longer being issued, big fines have been issued for those who have flouted the law.


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## Caz.I (Mar 21, 2009)

Hepa said:


> Here to sell or rent you also need an energy efficiency certificate. Short term rental licences are no longer being issued, big fines have been issued for those who have flouted the law.


Interesting. But why are short term rental licences no longer issued? Is it to discourage tourism?


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## Caz.I (Mar 21, 2009)

AllHeart said:


> What I'm saying is if you're a tax resident in the UK, you would pay taxes in the UK on the Spanish property. I think that's what Sirtravelot was asking.
> 
> 
> 
> ...


I suppose I am just questioning if individuals who say want to rent out their properties for the summer should be put in the same category as hotels or official tourist accommodation. I am not sure what you mean by illegal holiday rentals. Presumably until now they were legal as long as they were paying taxes? 

The thing is I am not sure you can compare Canada with the CDS in this case. While regulations that ensure safety are important (and should include things like smoke alarms and other safety features), installing air con, having free wifi and a complaints book among others seems a bit unnecessary. And applying for licences, having information booklets and having to follow the rules of letting people check in at 12 and leave at 12 and following a lot more regulations to the letter seems to be too much bureaucracy to deal with if you just want to rent your apartment out for the summer.

So I don't think there will be as many of these types of holiday lets whether or not their owners paid taxes or not or kept their property in good condition. What the fallout from this is only time will tell. But now I understand why so many people are trying to sell second properties at the moment. Like Snikpoh said it is not necessarily going to make hotels more competitive or encourage them to provide a better customer service.


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## 90199 (Mar 21, 2010)

Caz.I said:


> Interesting. But why are short term rental licences no longer issued? Is it to discourage tourism?



Don't really know, presume it is to protect the hotels, and deter foreign owners of holiday homes.


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## Sirtravelot (Jul 20, 2011)

I completely understand why Spain want to regulate this as plenty of people take advantage and sticks the money in their own pocket (Spaniards and foreigners alike) but what bothers me is the bureaucratic hell that this will produce.

And if I know Spain, it's gonna be a hot, hot mess.


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## AllHeart (Nov 22, 2013)

Caz.I said:


> I suppose I am just questioning if individuals who say want to rent out their properties for the summer should be put in the same category as hotels or official tourist accommodation. I am not sure what you mean by illegal holiday rentals. Presumably until now they were legal as long as they were paying taxes?


They're not in the same category as hotels. This is a separate law for them - like you say, sort of like official tourist accommodation.

Yes, by illegal holiday rentals I mean it's black market, under the table, no taxes. 



Caz.I said:


> The thing is I am not sure you can compare Canada with the CDS in this case.


The comparison I'm making is a bed and breakfast - that these are like a bed and breakfast. That's actually what they will be called under the new legislation, so it's not just me who makes that comparison.



Caz.I said:


> While regulations that ensure safety are important (and should include things like smoke alarms and other safety features), installing air con, having free wifi and a complaints book among others seems a bit unnecessary. And applying for licences, having information booklets and having to follow the rules of letting people check in at 12 and leave at 12 and following a lot more regulations to the letter seems to be too much bureaucracy to deal with if you just want to rent your apartment out for the summer.


But where are you getting this information of what's required when the legislation hasn't been published yet?



Caz.I said:


> So I don't think there will be as many of these types of holiday lets whether or not their owners paid taxes or not or kept their property in good condition. What the fallout from this is only time will tell. But now I understand why so many people are trying to sell second properties at the moment. Like Snikpoh said it is not necessarily going to make hotels more competitive or encourage them to provide a better customer service.


But how can hotels compete with all the expensive rules and regulations they have to comply with? But it's not just about hotels that are suffering. Until this thread when I started looking into this topic, and until living on the ground here in Malaga and seeing what is happening with Airbnb here in Malaga, I didn't see a problem either. Here's a really good article about this subject in Paris, where they talk about other negative impacts of these holiday lets:

Paris cracks down on Airbnb rentals, raids apartments | The Seattle Times


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## AllHeart (Nov 22, 2013)

Sirtravelot said:


> I completely understand why Spain want to regulate this as plenty of people take advantage and sticks the money in their own pocket (Spaniards and foreigners alike) but what bothers me is the bureaucratic hell that this will produce.
> 
> And if I know Spain, it's gonna be a hot, hot mess.


Well that's a case of the pot calling the kettle black!! Bureaucratic hell seems worse in the UK...

To run a B&B, here are the rules and regulations in the UK:

(Six pages with links to forms and legislations) - https://www.gov.uk/rent-room-in-your-home/becoming-a-resident-landlord

(A short list of legislation): B&B Legislation Checklist

(The pink book): https://www.visitengland.com/biz/advice-and-support/businesses/understanding-legislation

Then there is the legislation that dictates that you have to ensure that you rent to people who are legally allowed to reside in the UK:
https://www.gov.uk/penalties-illegal-renting

And if you rent illegally (without paying taxes or registering), you face a fine of £20,000. Last year, London passed a law allowing holiday rentals without registering, but this is for a maximum of 90 days per year, and this is still very controversial:

Airbnb to be legalised in London | Travel | The Guardian

Then there are the rules for renting furnished holiday lets:
https://www.gov.uk/government/publi...lpsheet/hs253-furnished-holiday-lettings-2015

So when it comes to property rentals, I see the UK as a much hotter bureaucratic mess than Spain.


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## Isobella (Oct 16, 2014)

This seems to cover everything. What is a tourist property and how do I register it.

¿Qué es una vivienda turística y cómo registrarla? . SUR.es


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## Caz.I (Mar 21, 2009)

Isobella said:


> This seems to cover everything. What is a tourist property and how do I register it.
> 
> Â¿QuÃ© es una vivienda turÃ*stica y cÃ³mo registrarla? . SUR.es


Yes, thanks Isobella. This is much clearer and answers a lot of questions that I had about it.


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## Caz.I (Mar 21, 2009)

AllHeart said:


> They're not in the same category as hotels. This is a separate law for them - like you say, sort of like official tourist accommodation.
> 
> Yes, by illegal holiday rentals I mean it's black market, under the table, no taxes.
> 
> ...


Yes I don't doubt the Air bnb market does cause problems. What I meant about not comparing is that I think each country or region has its own unique situation and may have different issues. I think there are different markets depending on what tourists are looking for and there isn't a one size fits all even amongst official tourist accommodation. The UK legislation recognizes this and while its bureaucracy is a nightmare to understand and follow, they are being thorough and do at least differentiate between private short lets and a year round commercial business.

I read various articles about this and can't remember where I saw the details of the decree but the article in the Diario Sur which Isobella posted the link to clarifies things more. Although the Official Bulletin has not yet been published, the decree has been approved and the media will have access to a summary of what it contains - which is why there are some details coming out now.

I am not against regulation at all but it just seems like the Junta are going to impose a lot of unnecessarily bureaucratic regulations on_ how_ people should do their holiday lets, not just ensure they pay taxes on them.

So, for example, insisting that they advertise rates per night, that they issue a separate contract for each guest (even for a one night stay), oblige landlords to keep a record of the identity of all guests and contact details - which has to be kept for a year and available to the Junta (!!) so it is not just health and safety issues. According to the Euroweekly, they are able to do this due to the "Gag Law" which was legislated to prevent terrorism. Other regulations include providing air con, free wifi and having an official complaints book on the premises. So that is the kind of bureaucracy I was referring to. So individuals who want to rent their place out for a few weeks a year over the summer will have to jump through hoops to do so. And spend a lot of time and money doing so.

Hotel occupation rates have been extremely high on the CDS over the last year and enjoyed a tourist "boom". Most do well, but there are some that are well regulated but are not popular because they don't provide a good service. Hence they don't do well. This law is not going to make them any better and doesn't guarantee people will stay there if they have bad reviews.


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## AllHeart (Nov 22, 2013)

Isobella said:


> This seems to cover everything. What is a tourist property and how do I register it.
> 
> Â¿QuÃ© es una vivienda turÃ*stica y cÃ³mo registrarla? . SUR.es


I don't understand. Like I've asked before in this thread, how can you know the legislation before the legislation is published? :confused2:


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## AllHeart (Nov 22, 2013)

Never mind my question. Caz and I posted at the same time, and the explanation is there. I'll keep reading that now....


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## AllHeart (Nov 22, 2013)

Caz.I said:


> Yes I don't doubt the Air bnb market does cause problems. What I meant about not comparing is that I think each country or region has its own unique situation and may have different issues. I think there are different markets depending on what tourists are looking for and there isn't a one size fits all even amongst official tourist accommodation. The UK legislation recognizes this and while its bureaucracy is a nightmare to understand and follow, they are being thorough and do at least differentiate between private short lets and a year round commercial business.


Yes, I agree that different regions and countries have different issues. There can also be overlap of issues in general, which is what I really like about the Paris article. It talks about overlapping issues amongst Spain, France, the UK, Belgium and the States. We can look at other examples to gain insight for solutions to our own problems, right?

Spain also makes a lot of distinctions in their legislation, which is shown well in the Sur in English article that I posted above. So there are a lot of different regulations that govern holiday lets in Andalucia (I'll underline the different legislation):

_"The new regulations do not apply to properties for which no money changes hands; rental contracts for more than two consecutive months for the same tenant; and properties in rural areas (the last two cases are already subject to their own regulations).

Also excluded are complexes of three or more properties, all owned by the same person, located within the same building or group of buildings, whether or not these are adjoining. These will now be covered by another decree, Decreto 194/2010, for tourist apartments, which has been modified for this purpose. This section implies that if two or more properties belong to the same owner and are more than one kilometre apart they are not included in the decree, something which has been rejected by the Spanish Federation of Tourist Apartments and Houses (Fevitur).

The new decree was drawn up at the request of owners who were left unregulated by the modification in 2013 of the Law of Urban Rentals (LAU)."_



Caz.I said:


> I read various articles about this and can't remember where I saw the details of the decree but the article in the Diario Sur which Isobella posted the link to clarifies things more. Although the Official Bulletin has not yet been published, the decree has been approved and the media will have access to a summary of what it contains - which is why there are some details coming out now.


Thanks for explaining that. 



Caz.I said:


> I am not against regulation at all but it just seems like the Junta are going to impose a lot of unnecessarily bureaucratic regulations on_ how_ people should do their holiday lets, not just ensure they pay taxes on them.
> 
> So, for example, insisting that they advertise rates per night, that they issue a separate contract for each guest (even for a one night stay), oblige landlords to keep a record of the identity of all guests and contact details - which has to be kept for a year and available to the Junta (!!) so it is not just health and safety issues. According to the Euroweekly, they are able to do this due to the "Gag Law" which was legislated to prevent terrorism. Other regulations include providing air con, free wifi and having an official complaints book on the premises. So that is the kind of bureaucracy I was referring to. So individuals who want to rent their place out for a few weeks a year over the summer will have to jump through hoops to do so. And spend a lot of time and money doing so.


Yes, I understand that you think it's a lot of bureaucracy, but I don't think it's a lot. It's just a matter of different opinions. It's okay that we don't agree, right?  



Caz.I said:


> Hotel occupation rates have been extremely high on the CDS over the last year and enjoyed a tourist "boom". Most do well, but there are some that are well regulated but are not popular because they don't provide a good service. Hence they don't do well. This law is not going to make them any better and doesn't guarantee people will stay there if they have bad reviews.


Agreed.


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## Sirtravelot (Jul 20, 2011)

Honestly, I was already expecting fire extinguishers and fire blankets, so yeah, it could have been a lot, lot worse.


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## Campesina (Dec 17, 2011)

I'm not sure if these links have already been posted but the law governing holiday rentals in Andalucía can be found in Spanish here:

Decreto 28/2016, de 2 de febrero, de las viviendas con fines turísticos y de modificación del Decreto 194/2010, de 20 de abril, de establecimientos de apartamentos turísticos.

With comment by a lawyer here:

ANDALUSIA: Holiday rental regulations in new Decree explained in detail


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## mrypg9 (Apr 26, 2008)

From what I have heard and read, there is a sizeable 'underground' holiday rental market on all the Costas and also in larger towns.
Many people bought properties in Spain precisely to get income from holiday lets. They declare the income neither in Spain nor the UK.
I'm betting there is an awful lot of undeclared tax to be picked up here and I have a feeling I read somewhere that the authorities will be able to apply retrospectively.
Allheart is right, many if not all of the requirements apply in the UK too, most are EU wide regulations.
It seems that people tend to get upset when Spain has the temerity to introduce rules to protect its own interests.


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## AllHeart (Nov 22, 2013)

Campesina said:


> I'm not sure if these links have already been posted but the law governing holiday rentals in Andalucía can be found in Spanish here:
> 
> Decreto 28/2016, de 2 de febrero, de las viviendas con fines turísticos y de modificación del Decreto 194/2010, de 20 de abril, de establecimientos de apartamentos turísticos.
> 
> ...


What an interesting article. Thank you! 

I don't like the intro (or agree with it), but at least you know where the guy stands in his criticism.  Mary's comment is fitting for the intro.

Perhaps I spoke too soon to say there aren't a lot of regulations, since I didn't know what they all were until reading this article, as the law wasn't published yet. There are two things that stand out to me that could mean a lot of capital invested and paperwork, and these could exclude a lot of properties:

_"The property must have attained what is known as a Licence of First Occupation (LFO, for short)."_

...and...

_"Full compliance with planning, health and safety, security and disabled access amongst other laws; both at a national and regional level."_


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## Campesina (Dec 17, 2011)

Just for anyone in the Málaga area who may be interested, the Junta de Andalucia is holding a meeting in Málaga in Edificio de Usos Múltiples, Avenida de la Aurora 47, at 11.30am on the 23rd February to present the law and explain its implications. This meeting will be in Spanish.

Mijas town hall foreigner's department is also holding a meeting in English on the 10th March at the Sala de Conferencias de Mijas in La Cala de Mijas.


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## AllHeart (Nov 22, 2013)

Campesina, I can't go on Tuesday as I have another commitment. Are you going? If you do go, that would be great if you could let us know what you heard. 

Here's an article from last week about this from Sur In English:

Tourism properties and how to register them. Surinenglish.com


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## Campesina (Dec 17, 2011)

I am flying over from the UK with a client to translate for him at the meeting. I shall need to check with him that he has no objection to me posting on this forum any further information we glean. He is, after all, paying me a considerable fee for the three days that we shall be here and I do not rent out my own properties so I cannot justify any other reason to attend.

Anyway, I would imagine that it will be covered by the Spanish press but I will post any information that I feel ethically able to.

Perhaps you will be able to arrange to attend the meeting in La Cala de Mijas on 10th March.


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## AllHeart (Nov 22, 2013)

Campesina said:


> I am flying over from the UK with a client to translate for him at the meeting. I shall need to check with him that he has no objection to me posting on this forum any further information we glean. He is, after all, paying me a considerable fee for the three days that we shall be here and I do not rent out my own properties so I cannot justify any other reason to attend.
> 
> Anyway, I would imagine that it will be covered by the Spanish press but I will post any information that I feel ethically able to.
> 
> Perhaps you will be able to arrange to attend the meeting in La Cala de Mijas on 10th March.


Oh, I didn't know, since you didn't say until now, that you are attending as a professional. Of course, that doesn't make sense for you to post here. I might be able to go for an hour before meeting my friend at 12:30.

Mijas is out of the question for me as the Malaga train doesn't go there, and I'm not that interested to do such a long trek, TBH. But thank you once again.


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## Campesina (Dec 17, 2011)

I don't know if you managed to spend any time at the conference but, in short, it was a total waste of time and effort and the agents, gestors and lawyers who attended from all over Andalucía were somewhat less than happy to put it mildly.

The client with whom I flew to Spain to translate at the conference is a high flying corporate lawyer in the UK and he was appalled at the lack of understanding of the law even by those who were attempting to present it who contradicted themselves on several occasions and left most people more confused than they were before. He is happy for me to relate a brief resume of the proceedings.

The Junta staff merely read out the provisions of the law and were totally incapable of answering specific questions about it or about the fiscal implications which they said must be addressed to AEAT.

Two points were made clear. The registration process must be carried out by the owner. It cannot be done by a representative, not by the letting agent or even a lawyer or gestor.

The other point was that the advertising of an unregistered property on the internet would constitute an offence under the law without the need to prove that any actual rental took place. Apparently they will not be knocking on doors of unregistered properties and asking people if they are renting the apartment. 

It is assumed, therefore, that if you do not obtain rentals via the internet but rather by word of mouth or personal recommendation you will be safe from detection but whether it, nevertheless, is still a contravention of the law seems to be a grey area. So the various groups of Spaniards living on the coast who all move in to one apartment and let their own properties in July and August to wealthy cash-paying Spaniards from inland Andalucía will be probably be able to continue with their money-making operations unmolested whilst those trying to comply with the law will have to jump through hoops to do so and will, no doubt, be subjected to the usual bureaucratic nit-picking. This makes the claim that the law is not aimed specifically at foreigners seem a little hollow.

The law comes into effect on 11th May but although applications may be presented in the meantime they will not be acted upon until that date so there will be a period of time where the law will be in force but no registration numbers will be issued. I suppose this should come as no surprise and be considered par for the course as the national elections were more than two months ago and Spain still has no proper government!


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## cyclequeen (Oct 5, 2012)

Such a shame about this new law, as with all things here it seems lots of impossible hoops to jump through and for what? I've been letting out a bedroom via airbnb for 1.5 years, got over 60 5 star reviews & became a superhost a year ago. My charges are very nominal & give the holiday maker a great alternative to hotels. Where I live very close to Gibraltar there are not many hotels to choose from anyway & Gib is wildly expensive, so this is an affordable way to visit the area, most folk want to go to Gib. I became aware of this new law & have bookings for the next couple of months already booked. After that I'm afraid I'm going to have to unlist myself as it's just not worth my while trying to adhere to all the regulations this law insists upon. I'm certainly not prepared to take a chance as the fines are very scary. I'm feeling very disappointed as I've met some wonderful people from all over the world & many have come back.


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## snikpoh (Nov 19, 2007)

cyclequeen said:


> Such a shame about this new law, as with all things here it seems lots of impossible hoops to jump through and for what? I've been letting out a bedroom via airbnb for 1.5 years, got over 60 5 star reviews & became a superhost a year ago. My charges are very nominal & give the holiday maker a great alternative to hotels. Where I live very close to Gibraltar there are not many hotels to choose from anyway & Gib is wildly expensive, so this is an affordable way to visit the area, most folk want to go to Gib. I became aware of this new law & have bookings for the next couple of months already booked. After that I'm afraid I'm going to have to unlist myself as it's just not worth my while trying to adhere to all the regulations this law insists upon. I'm certainly not prepared to take a chance as the fines are very scary. I'm feeling very disappointed as I've met some wonderful people from all over the world & many have come back.


As you're only renting a room in a flat/house, are you sure that you need to register?

I think you should look into this a bit more as I'm not sure it applies to you (but I could be wrong).


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## Campesina (Dec 17, 2011)

The question of letting rooms was mentioned at the conference but as this particular situation falls under the provisions of a different law it was not up for discussion and I know nothing about it.

I also have some information from AEAT about the fiscal implications. If anyone is interested I will post the details but I don't want to spend time composing a long complicated missive if no-one wants to know.


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## AllHeart (Nov 22, 2013)

Campesina said:


> The question of letting rooms was mentioned at the conference but as this particular situation falls under the provisions of a different law it was not up for discussion and I know nothing about it.


I think you're thinking of renting out rooms for more than two months at a time, which falls under another law - Spain's tenancy act. But this new law is indeed geared towards Airbnb and the likes. That's just what all the articles we've posted are saying, including this one that was posted earlier in the thread: ANDALUSIA: Holiday rental regulations in new Decree explained in detail - Spanish Property Insight

_*Definition of Holiday Rental – What Properties are Included*

The decree is rather vague on this point. Any property that complies with the following points will fall under the remit of this new regulation:

• The property is located in land classified as ‘residential’ (in other words, rural and tertiary land are excluded as they are each subject to their own legislation on rentals).
• The property is rented out to tourists regularly on a short-term basis (days, weeks, months).
• Reservation system is enabled. Reservations can be made.
• The property will be regarded to be rented out touristically when the landlord advertises it using specialized media. By specialized media it is understood companies who intermediate between landlord and tenant in exchange of a commission such as: travel agencies, real estate agencies, holiday rental websites (i.e. *Airbnb*, HomeAway, Tripping, Tripadvisor, Flipkey, VRBO etc.)._


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## snikpoh (Nov 19, 2007)

AllHeart said:


> I think you're thinking of renting out rooms for more than two months at a time, which falls under another law - Spain's tenancy act. But this new law is indeed geared towards Airbnb and the likes. That's just what all the articles we've posted are saying, including this one that was posted earlier in the thread: ANDALUSIA: Holiday rental regulations in new Decree explained in detail - Spanish Property Insight
> 
> _*Definition of Holiday Rental – What Properties are Included*
> 
> ...


My point is - what constitutes a property? Is that the entire Villa/flat or is just one room in a 'shared' house also intended?


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## AllHeart (Nov 22, 2013)

snikpoh said:


> My point is - what constitutes a property? Is that the entire Villa/flat or is just one room in a 'shared' house also intended?


I see what you mean. Yes, property includes a room in a house or apt. Here are examples from the article I just posted to clarify what is meant by property....

_*Examples of Private Holiday Rentals*

All the following landlords fall under the remit of this new law and must comply with its terms or face hefty fines.

1. Mr. Raistlin Majere, and loving wife Claire, own a duplex in a beachside urbanization in Estepona and rent their property out three months a year advertising through HomeAway and similar niche websites.
2. Mr. Aedan Cousland owns a luxury villa in Benahavis, Marbella, which he rents out to affluent Arabs only during the summer season for a substantial return. He advertises only through upscale real estate agencies.
3. Mrs. Morrigan Flemeth and husband Alistair own and live in a Guest House in Fuengirola renting out rooms to tourists all year round. They advertise over internet.
4. Mr. Loghain McTir, UK resident, owns and rents three high-end properties through a management agency. Two of the properties are located frontline in Puerto Banús and the third one in the prestigious Sierra Blanca estate.
*
Rental Types*

Properties can be let as a whole or else by rooms (like in a Guest House).

If it’s the whole property that is being rented out, no more than 15 lodgers will be allowed simultaneously at any time (think of a large villa).

If the property is being rented out by rooms, it is mandatory the landlord lives in the property himself. No more than 6 vacancies can be offered and each individual room cannot exceed four lodgers._


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## plusguests (Dec 12, 2017)

One of the biggest villa owners hurdle in running a vacation rental business in Andlucia, Spain is to timely register their guests and finish all the paperwork within 24hrs of the arrival.


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