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If you are renting out your property in Andalucia, you need to understand and comply with the new holiday rental law which will come into force in the middle of May. Called Decree 28/2016, this new law obliges anyone who is renting out their property to register their property from 12th May 2016 onwards, so you have a few months to get the necessary paperwork together.
Please don’t panic about rushing to do this right away, there’s plenty of time. We checked with the Department of Inspection of the Málaga Provincial Delegation of Tourism and they confirmed that the registration forms have not been printed yet, and that the deadline for registering your property will be very flexible, as they know there are a large number of properties to be registered, many of which have owners living in other parts of the world. We will let you know as soon as the registration forms are available.
The Junta is aware that there will be concerns about this law and will be running a public awareness campaign, including two lectures in Torre del Mar and Marbella to explain the procedure and clarify any doubts. The dates of these have not yet been fixed, but we will inform you as soon as we know. Please follow us on Facebook to get the updates as they come through.
Registration of your holiday rental property is free which is great news, and for those of you living abroad you will be pleased to know that that the person who signs the Declaration of Responsibility for the property need not be the owner. Indeed, if the owner resides outside of Spain the Junta stated that it would be preferable that the document is signed by the key-holder or agent who is responsible for the letting, maintenance, cleaning etc. of the property, as it will be this person who will be the contact person for any incidents that might occur. This means your property management company or agent can sign this for you, as long as you can present a contract of representation entitling them to let out your property.
Please note that if you’re “renting” out your property to friends and family without charging a fee then you are exempt from this law, long term rental properties also do not fall under this law, nor do rural properties.
One thing to bear in mind, are the requirements that the property must fulfil. One important one being that each bedroom and living room must have fixed air conditioning units if they are being rented in the summer. There must also be fixed heating in all bedrooms and living rooms for winter rentals. As they are aware that this requires investment, you have one year to adapt your property to meet this requirement.
There are a number of other requirements which are pretty standard, such as giving information materials about the local area, giving tenants a contact phone number to call if there are any problems, leaving instruction booklets for household appliances etc. Two things you may not have at the moment which you will need is a first aid kit, and a complaints book with a sign to say you have one.
Please don’t worry about the press articles, many of which are not useful and are looking for a big story. We will keep you informed as to the progress, requirements and registration required for this new law and can help you with paperwork and sign the Declaration of Responsibility on your behalf. This is just one of the services we can offer as part of our comprehensive property management packages for properties on the Costa del Sol. Check out all the property management options on our website, get a quote, or contact us and find out how we can help you manage your holiday rentals.