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Tourist Rental Licences in Spain

Legislation

In February 2016  legislation was approved by the Andalucian Government making mandatory the issuing of tourist rental licenses in this part of Spain. The objective was supposedly to regulate the letting by owners of property in Andalucía to tourists for short-stay holidays i.e. tourist rentals.

The legislation is the Decreto 28/2016, de 2 de febrero, de las viviendas con fines turísticos. This effectively means that anyone in the business of tourist rentals in this part of Spain will need to obtain a licence.

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 our opinion, the sole reason that the government has enacted the legislation is to increase the payment of taxes in this sector of the economy.

Exceptions to Registration

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).

 

Tourism Registry

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. Advocate Abroad can assist you with making an application for a tourist rental licence in Spain.

In order to avoid such problems when purchasing a property, you should consider hiring an independent solicitor who can check to ensure that the property you are purchasing can be rented to tourists. For more useful information read: how an independent solicitor can save you a fortune when investing in property in Spain and buying a house in Spain.

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Client testimonials

"I had an informal, introductory meeting with Miguel and he answered all my questions including providing me with a lot more information and suggestions that I had not thought about. I found him extremely friendly and professional.

I will be using his services next year for my first Spanish Tax return and will then be in a better position to comment on the quality and price of services provided. So far everything has been very good."

Stephen Norton (Aug 13, 2019)

Tourism License Application

Available in the following locations: Alicante City, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Girona, Granada, Jaen, La Manga del Mar Menor, Las Palmas, Los Alcázares, Madrid, Malaga, Marbella, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Seville, Torrevieja, Valencia, Velez Malaga, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Location

1Who is this Service for?

Increasingly, government authorities in several countries are becoming ever more vigilant to ensure that any short-term property lets are fully regulated, with any profits being subject to appropriate taxes.

Inspectors are posing as clients and trawling internet websites and classified ads in order to locate unregistered properties being let to holidaymakers.

Accordingly, those planning to let out holiday homes abroad for commercial gain would be well advised to ensure they comply with the law and register with the appropriate register.

2What does this service consist of?

  • Discussion with an English-speaking lawyer specialised in this area of the law to understand the details of the property and the plans the property owner has
  • Report on what you will need to do, in order to make the property suitable for registration and successful in the application for the licence
  • Submission of the application and confirmation when the licence is approved
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"I had an informal, introductory meeting with Miguel and he answered all my questions including providing me with a lot more information and suggestions that I had not thought about. I found him extremely friendly and professional.

I will be using his services next year for my first Spanish Tax return and will then be in a better position to comment on the quality and price of services provided. So far everything has been very good."

Stephen Norton (Aug 13, 2019)

Tourist Rentals Tax

This service is available across Spain

Location

1Who is this Service for?

A common activity in Spain by non-resident property owners is to rent-out a holiday home to short-stay guests.

Given the popularity of the activity, the Spanish government has been keen to ensure that the activity is controlled and – of course – any profits taxed. Tax on income must be paid on a quarterly basis.

2What does this service consist of?

  • Reminder each quarter in advance of the statutory declaration date for submission of tax returns (as well as annual Non-Resident Income Tax as required)
  • Advice from an experienced English-speaking accountant on the information and documentation needed to make the appropriate tax return
  • Submission of the tax on your behalf with confirmation of the satisfactory completion of the tax returns
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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