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May update on information for the New Holiday Rental Laws in Spain

holiday-rental-lawIn order to clarify and consolidate the information circulating regarding the new Rental Law, we spoke with the Málaga Delegation of the Junta de Andalucía’s department of tourism today and can confirm that the details are becoming clearer. This Law will come into force on May 12th and will regulate the rental of private homes to tourists.

Decree 28/2016 of February 2nd

As yet, no date has been announced for the seminar, which is intended to bring everything out into the open. We intend to be there to ask questions and obtain answers when the date is announced.

However from now, we can now start to register properties using the modified registration form (until the new form is available). A registration form has to be completed and a copy of the First Occupation Licence presented with it. The town hall is asking property owners to register as near to May 12th 2016 as possible.

In short, a “Declaration of Responsibility” will have to be signed for every property, either by the owner or by their representative, and as soon as this declaration is lodged with the Andalucía Tourist Board, the property can be rented. You can find this in our new Terms and Conditions on your owner’s area.

The Malaga Delegation is going to be flexible and lenient with the registration and assured us that there is no need to panic. The objective is to get this “submerged industry” out into the open and guarantee quality control for the end user.

How complicated is this registration procedure and how much is it going to cost?

A completed hard copy of the downloaded Registration Form will need to be taken to the Provincial Delegation of Sport and Tourism to register the property. Alternatively, you can take the completed registration form to your local Town Hall and ask them to forward the form to the Provincial Delegation of Sport and Tourism, who would proceed to register the property. In both cases, the Occupation Licence will also need to be presented if available.

Once the application is received by the Provincial Delegation of Sport and Tourism, the file will be processed and if further information is required, they will contact you. Realistically, it will probably take a couple of months after presenting the first Registration Form to actually get an RTA number which begins with VFT = Vivienda con Fines Turísticos, followed by the first two letters of the province the property is situated in and then a number. For example, your number will look similar to this: VTA/MA/ 025764.

What happens if you cannot find or do not have a First Occupancy Licence?

(Licencia de primera ocupacion)

Don’t worry, when you visit the town hall, make a request to obtain or search for an Occupancy Licence. It will take approximately 2 weeks for the Town Hall to reply and to inform you whether a Licence exists and a duplicate can be obtained, or they will give instructions on how to obtain a licence.

 

As to the cost of this procedure, we are pleased to report that the Tourist Board of Andalucía has made the registration service free. The property owner can complete and submit the form themselves, but should take into account that the process is all in Spanish and is a very time consuming procedure, or they can use their Lawyer or Gestoría to do it for them. The usual fee would range from around €150 to €350, depending on who you engage to do it.

If you are a HomeCareontheWeb Owner you can give us permission to register your property on your behalf. Please send us an email at info@homecareontheweb.com to ask about our property and rentals management services and how we can help you to comply with this new law.

– PLEASE REMEMBER –

THIS IS THE LAW AND YOU CAN NOT ADVERTISE YOUR PROPERTY FOR HOLIDAY RENTALS WITHOUT REGISTERING.

We will inform you of all information as it becomes available, but in the meantime if you have any concerns, please do not hesitate to contact us on info@homecareontheweb.com or call 00 34 952 83 95 95

Update on Andalucia’s Holiday Rental Law

Andalucia Holiday Rental Law 2016Now that Easter has been and gone, bookings are flooding in for the peak summer time rentals and we’re getting plenty of interest in the spring holiday rentals as well. Malaga airport is preparing for a bumper year, with 15% more flights than last year, and owners are getting their properties ready for this very busy time of year.

However we know that many owners have concerns about the new holiday rental law (Decree 28/2016) and what this will mean to them if they want to rent out their property short term, so we wanted to give you an update.

The registration form is still not finalised, so please don’t worry about having to prepare the documentation right away. As we explained in our last post, the authorities have said they understand that this will be a long process and they will be flexible on when the forms are submitted.

Below is a summary if some of the important elements of this decree, along with some notes from our team in terms of points which require clarification. As you will see, a large number of points are already standard with quality holiday rental properties and items which we have been providing for our guests for many years, so it is not as onerous as it looks.

All dwellings used for tourism must fulfil the following obligations:

  1. a) Properties must 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.

HomeCareontheWeb Note – Not all properties have this, either due to the age of the property or because it was never issued. We are awaiting a decision regarding this.

  1. b) The rooms must have direct exterior ventilation and a “blackout” system for the windows (Blinds). This requirement will not be necessary for listed buildings where reforms and alterations are not permitted.

HomeCareontheWeb Note – This is to discourage properties renting out basements with no external ventilation.

  1. c) The dwellings must be adequately furnished and equipped with the appliances and household goods necessary for immediate use and in consonance with the number of persons to be accommodated.
  2. d) The dwellings 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). This requirement will not be necessary for listed buildings where reforms and alterations are not permitted.

HomeCareontheWeb Note – It is not clear whether a fixed ceiling fan is acceptable. We are awaiting further information on this issue.

  1. e) A First Aid Kit is to be installed.

HomeCareontheWeb Note – We are obtaining more information on what needs to be included in the kit.

  1. f) Tourist information must be available, either in hard copy or digitalised, covering the immediate area, the leisure zones, restaurants, bars, businesses and shops, food stores and parking facilities near the dwelling as well as medical services, transport services, local street plans and a guide offering the events and entertainment.

HomeCareontheWeb Note – We already place a “Guest Manual” in all properties rented by us which includes all this information.

  1. g) All dwellings must have a Complaints Form for the use of their guests and a sign clearly displayed to indicate that the said forms are available.

HomeCareontheWeb Note – We are investigating whether the form needs to be available in the property, or having one available in our office is acceptable.

  1. h) The dwellings must be cleaned between arrivals and departures.
  2. i) Bed linen, towels and kitchen towels and general household goods must be provided to accommodate the number of guests with a full replacement set.
  3. j) A telephone number must be made available to the guests so that they may be assisted immediately with information covering whatever incidents might arise during their stay.

HomeCareontheWeb Note – This is included in the “Guest Manual” and on all information guests receive from us.

  1. k) The guests must have all the necessary information and instructions regarding the working of all the appliances at their disposal for their correct use.

HomeCareontheWeb Note – This is included in the “Guest Manual”.

  1. l) All the guests must have full information and instructions related to the use of the installations, rooms and equipment of the dwelling as well as the admission of pets, the applicable smoking restrictions as well as any areas of restricted use.

HomeCareontheWeb Note – This is included in the “Guest Manual” and it is also part of our set up procedure to display necessary signs.

Other points to note are:

If a property is rented as a complete unit, the maximum number of guests is 15, and if rented by room, the maximum number of guests is 6. In both cases, it is NOT permitted to sleep more than 4 persons per room.

Registration of the property is obligatory and the Registration Number is to be used in all forms of advertising and promotion.

As quality property management and rental management providers, we will be helping our owners through this process and making it as easy as possible for them to comply. As you can see we are awaiting clarification on a number of these points, and will continue to update you on this blog, on our Facebook page and in our newsletters.

If you want the support of the professionals behind you, please sign up to one of our comprehensive property management packages. You can get a free quote on our website or send us an email to info@homecareontheweb.com

How to comply with Andalucia’s new holiday rental laws

bigstock-House-and-money-67365403If 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.

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