Renting out holiday apartments and rural holiday homes in Andalusia requires compliance with a number of legal requirements and registration in the relevant tourism register of the corresponding Autonomous Community. In Andalusia, a distinction must be made between urban tourist accommodation and rural holiday homes. In the latter case, registration in the Andalusian Tourism Register is mandatory.
I. Rural Areas
According to Andalusian Tourism Act 13/2011 of 23 December, rural holiday homes are accommodation establishments located in rural areas which possess the required construction characteristics, provide accommodation together with any additional services, comply with the applicable legal requirements and are registered in the Andalusian Tourism Register as a "Casa Rural".
To determine whether a property qualifies as a rural holiday home, reference must be made to Article 3 of Decree 20/2002 governing Rural Tourism and Active Tourism. Pursuant to this provision, an area is considered rural where agricultural, forestry, livestock or fishing activities predominate.
However, paragraph 2 of the same Article establishes several important exceptions, including the property's proximity to roads or motorways, its distance from the coast, its location within coastal influence zones, the population of the municipality concerned and the proximity of industrial areas.
Unless the classification of the land is beyond doubt, it is strongly advisable to carry out a prior cartographic and planning analysis in order to determine the correct classification of the property. This classification has a direct impact on the legal framework applicable to the property and determines the requirements that must be fulfilled when applying for the relevant licence or registration.
II. Rural Holiday Homes
Where, following the relevant analysis, the property is classified as being located in a rural area, the following requirements must be fulfilled before it may be rented out for tourism purposes:
- The accommodation must consist of an independent dwelling, including any ancillary buildings such as storage rooms, stables, sheds or similar structures.
- A maximum of three rural accommodation units may be operated within the same building.
- The maximum accommodation capacity is twenty guests.
Rural holiday homes are classified as either "Standard" or "Superior" and must comply with the requirements established in Annex III of the Decree. As a minimum, the standards applicable to the "Standard" category together with the general requirements set out in Annex II must be satisfied.
Registration in the Andalusian Tourism Register
Owners of rural holiday apartments or rural holiday homes are required to register their accommodation in the Andalusian Tourism Register by submitting a declaration of responsibility (declaración responsable). Once the declaration has been duly filed, the legal registration requirement is deemed to have been fulfilled.
Legal Requirements for Renting Rural Holiday Accommodation
Articles 11 and 12 of Decree 20/2002 of 29 January on Rural Tourism establish the minimum legal requirements applicable to both rural holiday apartments and rural holiday homes.
The following requirements must be met in all cases:
● Rooms must be cleaned and bed linen changed before the arrival of each new guest.
● Traditional regional meals must be offered. (Applicable only to rural holiday homes.)
● The accommodation must be fully furnished and equipped with all household appliances and equipment necessary for immediate use.
● Access points and entrances must be properly signposted.
● The owner must provide guests with clear directions to the property, including maps, plans or similar information.
● The property must be accessible by passenger vehicle. Where this is not possible, the owner must provide guests with free transport to the accommodation.
● Where the property is not connected to the municipal water supply, it must have a potable water tank with a minimum capacity of 200 litres.
● Electricity supply.
● First-aid kit.
● In addition, the specific requirements set out in Annex III of the above-mentioned Decree must also be complied with.
Guest Registration
One of the principal obligations when renting out tourist accommodation is the registration of guests and the transmission of the relevant information to the competent Police Authority or Guardia Civil within 24 hours of arrival. Similar to hotels, accommodation providers are required to submit the details of their guests to the authorities.
The corresponding registration form must be completed by every guest over the age of 16 and must include, at a minimum, the following information: identity document number, validity date, full name, gender, date of birth, date of arrival, nationality and the identification number of the accommodation. The completed forms must be retained and the relevant information submitted to the competent authority within 24 hours.
Although the information may be submitted in person at the relevant police station, electronic submission via the official online platform is strongly recommended. To use the online system, the accommodation provider must complete a one-time registration with the competent police authority.
Our law firm will be pleased to assist you in analysing your specific situation, handling the necessary administrative procedures on your behalf and preparing and filing the corresponding tax returns. Should you require legal advice or have any questions regarding this subject, please do not hesitate to contact us by telephone or email.
Author:
J. Francisco Santos Postigo
Lawyer
CEO, Partner, Director Labour Law
info@sspartners.es
Tel: (+34) 951 12 13 06
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