Property Laws and Regulations in Andalucia Spain

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Decree 218/2005:

Decree 218/2005 is a law that was passed by the Andalucian government in 2006 aimed at improving the rights of those consumers buying property or renting Long-Term and providing more tightly controlled codes of practice for property professionals operating in Andalucía. It is now being strictly enforced by the authorities throughout the region.

Decree 218 only affects property owners in Andalucía that us a Property Rental or Sales company to market their property for Long Term rentals or for sales. The consequences for property companies failing to comply with Decree 218 are heavy, usually involving fines which vary in severity according to the gravity of the offence.

If you have any questions about Decree 218 and how it might affect you, please contact us for more information.

Decree 28/2016 of February 2nd 2016

Decree 28/2016 is a law that affects properties advertised for Holiday Rentals. They law is to standardise the accommodation offered for self-catering holidays and to ensure that all properties that are advertised on websites for Holiday Rentals MUST be registered and the code to be used on all forms or advertising and promotion. The owner has to conform with the full requirements of the law, which are summarised below:

ARTICLE 6. Requirements and General Services

All dwellings used for tourism must fulfill the following obligations:

  • Be in possession of a Habitation Certificate (First Occupancy Licence) and comply at all times with the technical conditions and standards that can be demanded of these dwellings.
  • The rooms must have direct exterior ventilation and a black out system for the windows.
  • The properties must be adequately furnished and equipped with appliances, household goods, bed linen and towels necessary for the number of people to be accommodated
  • Properties must be equipped with fixed cooling systems in bedrooms and lounges when rented between May and September (inclusive) and heating appliances if rented between October and April (inclusive).
  • A First Aid Kit must be available
  • Local Tourist information including activities, restaurants, bars, shops, food stores and parking must be available in printed or digital format
  • A Complaints Form and sign saying the form is available must be installed in the property
  • The property must be cleaned between arrivals and departures.
  • Contact telephone numbers must be made available to guests so they may be assisted during their stay
  • Operating manuals and information relating to the use of installations and appliances as well as smoking restrictions, areas of restricted use and admission of pets must be available in the property.

 

Guest Registration

All Holiday Rental properties that are registered with the Junta de Andalucia and have a registration number have to register with the appropriate police station as well. Once registered, passport details of all guests over the age of 16 staying in their property have to be supplied to the police station within 24 hours of their arrival.

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