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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 to ask about our property and rentals management services and how we can help you to comply with this new law.



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 or call 00 34 952 83 95 95

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