New Legal Requirement to Register Holiday Homes in Andalucia

  • Francisco
    Francisco
    With over 10 years experience providing expert legal advice and representation to English-speaking clients Francisco is a seasoned professional whose primary focus is to ensure his clients' interests are protected. The following legal services are offered: Real Estate Conveyances, Contract law, Inheritance , Family Law, Tax & Fiscal Advice to Businesses.

Recently, in February 2016 new legislation was approved by the Andalucian Government to regulate the letting by owners of property in Andalucía to tourists for short-stay holidays i.e. holiday rentals. The legislation is the Decreto 28/2016, de 2 de febrero, de las viviendas con fines turísticos. 

This will be very important to anyone who carries-out such activity.

The new legislation is an attempt to fill a legal no-man’s-land such that short term lets of private houses were not regulated and permitted those carrying-out such activity to avoid payment of any taxes as are payable on such income. In my opinion, the sole reason that the government has enacted the legislation is to increase the payment of taxes in this sector of the economy.

It is important to be aware that the new legislation permits some exceptions, such as:

  1. Houses let for vacations, where no monies change hands.
  2. Houses let for more than two months in a row.
  3. Houses located in rural areas, which are regulated by Law  13/2011, and Decree 20/2002.
  4. Residential buildings with three or more houses, run by the same person, which will be regulated by Decree 194/2010.

 

The new legislation states that either the whole property or part (i.e. particular rooms in the property) may be let, and in the latter case case the owner must also be living in the property.

The capacity or number of persons who may let the property at any one time will depend on the individual house and in a document issued by the Town Hall known as the “licencia de primera ocupación”, but in any case no more than fifteen people may rent the property at one time, if the entire property is rented-out, and no more than six people if the property is rented by rooms (never more than four people per room).

The most important part of the legislation relates to the requirement that all properties that are let for holiday vacations must be inscribed in a Tourism Registry. The Decree provides that inspections will take place and that the owners of any property in which this activity is taking place, and that is not registered, will be liable to a fine of between 2001 € to 18,000 €.

Summing up, anyone advertising a property in Andalucía for vacation lettings should register the property in the Tourism Registry immediately to avoid sanctions, unless it is believed that one of the exceptions mentioned in the legislation applies.

 

Client Testimonials

Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:

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    David W Baker, Malaga
    Tuesday, November 06, 2018
    We were extremely satisfied with Alvaro: He explained the law to us and gave us a solution to our problem. He could not have been more helpful and we will definitely use him again.
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    Thom Koller, London
    Monday, November 05, 2018
    Francisca provided a perfect service!

    She is professional, dedicated and took care to understand the needs of my situation. Her service offers exceptional value for money and gives complete peace o...f mind.
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    Michael O'Sullivan, Ibiza
    Thursday, November 01, 2018
    Understanding Spanish law regarding buying and selling properties is a minefield for English speakers. Cristina provided the legal expertise, the translation of legal documents, explanations for all i...ssues, and solutions for our challenges.

    Also, she provides confidence and reassurance that what we are doing is in our best interests and within the law - very important when working in a foreign country.

    In summary, she is an excellent professional that we are so pleased we found and will continue to use for all our legal matters.

    I think you have a perfect solution for supporting people abroad. I was lucky to find you on the internet. Perhaps you could promote your services to all estate agents abroad, so more people can get access to your service when buying or selling abroad.
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    Colin Wilson, Australia
    Tuesday, October 30, 2018
    Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.

    When there was a delay in responding she did offer an apology which was appre...ciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.

    When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.
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    Campbell Reynolds, Spain
    Monday, October 22, 2018
    We were very satisfied with the service provided by our lawyer Sabela.

    She was very accomodating, quick response to everything while thinking outside the box for solutions. Also, her English was mo...re or less fluent.
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    David Edwards, England
    Wednesday, October 17, 2018
    Very Satisfied with the service provided by Oliver. He was quick, efficient and value for money. Would definitely recommend to friends.
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    Andrew Morecroft, Lubrin
    Monday, October 15, 2018
    Juan was extremely helpful during every part of the purchase. As I was buying an older property there were slight complications but Juan explained every issue and managed to work through the difficult...ies with supreme efficiency.

    Also there was a ridiculous situation with my Spanish bank account where I could not access the money even though it was in the account. Thankfully I had given Juan power of attorney and he managed to sort-out the problem.

    He went above and beyond the call of duty and I am very grateful for all his help. I would strongly recommend him to anyone looking to buy in the Almeria region.
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    Saturday, October 13, 2018
    Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp
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    Michele Jansen van Vuuren, Benajarafe
    Saturday, October 13, 2018
    Alvaro was extremely helpful, he couldn't have done more. Very quick to respond to my query.

    Only issue was that some of the documents I needed to provide were not mentioned. However, would defini...tely recommend his services to friends.
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    John Fraser Dunfield, San Francisco
    Friday, October 12, 2018
    Good understanding. Applied sufficient pressure as needed to get the issue resolved. Reasonable charge for service provided. Would definitely recommend this service to friends.
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    Rosemarie Byrne and John Cooper, Dublin Ireland
    couple
    Tuesday, October 09, 2018
    We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
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    Jane Evanson, London, UK
    female
    Tuesday, October 09, 2018
    Francisco was very helpful and professional. I was very happy with the advice and service.
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    David McChesney, Puerto Banus
    Wednesday, October 03, 2018
    Alvaro was very professional, Knowledgeable of the subject at hand, did not over-charge - in fact cut costs in the best way for me. Very efficient in the entire process. Thank you.
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    Martha Kimes, Scottsdale, Arizona USA
    female
    Tuesday, October 02, 2018
    Francisco was incredibly responsive (and quickly).

    Unlike American attorneys (and I know, because I am one), he didn't even bill me for a few follow-up emails/calls that he made on my behalf which... he easily could have done.

    I was supremely happy with his legal services.
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    David Roots, England
    Monday, October 01, 2018
    We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
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    David Knors, Barcelona
    Wednesday, September 26, 2018
    Oscar was very kind, professional and fair. He was able to help me with my problem and he was very determined that he would.

    Oscar is very competent, polite and showed a lot of effort to solve my ...problem. I strongly recommend him.
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    female
    Tuesday, September 25, 2018
    Very satisfied with the service. Francisco is bilingual English-Spanish and was always quick to respond and was very professional at all times.
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    Mohamed kheder, Dublin, Ireland
    Monday, September 24, 2018
    Every thing was great ... Rosa was really helpful and understanding. And I see the value for money was good enough.. of course I would recommend it to any of my friends.

    And I would like to have th...e chance to thank Rosa and the whole company for everything.
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    Daniel Elias, New York
    Tuesday, September 18, 2018
    Excellent service, delivered exactly as promised, and at half the cost a different translator had requested for the same project!
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    Darren & Gemma Nesbitt, Valencia
    Tuesday, September 11, 2018
    Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
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    Patsy Valentin, Granada
    Tuesday, September 11, 2018
    Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
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    Jovie, Malaga
    Wednesday, September 05, 2018
    My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
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    Albert Roldan, France
    Tuesday, September 04, 2018
    Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.

    He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.

    I would highly recommend him to anyone needing these services.
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    David Grundy, UK
    Friday, August 24, 2018
    Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
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    Mario Klappholz, Miami, Florida
    Thursday, August 16, 2018
    Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
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    Daniel Spitzhorn, Spain
    Tuesday, August 14, 2018
    Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
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    Tracey Iliffe Bradley, UK
    female
    Tuesday, August 14, 2018
    Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
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    Erslaan Ahmed, Bangladesh
    Friday, August 10, 2018
    Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
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    John Ryan, Derby, England
    Wednesday, August 08, 2018
    A perfect relationship between client and professional. Nothing was too much trouble.

    Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.

    Thank you jose
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    Robert Brownlee, Almeria, Spain
    Wednesday, August 08, 2018
    Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.

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