Update on Andalucia’s Holiday Rental Law

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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

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