Short Term Renters
Although the majority of the apartments are owner occupied there are one or two occasionally let to short term renters (less than 60 days) or used by the family and friends of owners for holidays (where no money changes hands). In line with many other regions in Spain, the Andalusian government published the law on short term rental that came into force on the 11th May 2016. The law requires all owners who advertise their holiday home as tourist accommodation to register in the Registro de Turismo de Andalucía. Thankfully the registration is free and the process is simple.
Our Community expects all owners renting their properties to follow the 2016 guidance which is available in Spanish here:-
and we have highlighted the salient points in English here:-
The main application details must include the owner’s details unless you have given Power of Attorney to an agent who can act as your legal representative, such as a lawyer or agency.
Together with the application form which you can download online here – online registration form. You must provide the following documentation:
-
Paperwork relating to the purchase of your property, including the ‘referencia catastral’ (land registry reference), which you should find on an IBI receipt or sometimes on your title deeds (‘Escritura’)
- The licence of first occupation (‘Licencia de Primer Ocupación’), or equivalent certificate, such as the ‘Cedula de Habitabilidad’.
- Property owner details (or representative), including an address where notifications can be sent.
- NIE and passport or Spanish DNI
Registration
The registration process is started by submitting the form online, or to the Tourism Office in your locality which will be followed by an inspection. Please note If you do not present your ‘Declaración Responsable’ and continue to advertise the property as tourist accommodation, it will be considered an illegal activity and the responsibility of our President and Administrator to report it.
- All guests must be given a basic contract document which includes: Owner or property manager contact details, your license number, number of guests, check in and out dates, total price of the rental and a 24 hour emergency number
- Every property must provide an official complaints form for guests and the location of this must be indicated in the property.
- You will need to have your guests fill out a Guest ID form, which must be submitted to the Guardia Civil within 24 hours of their arrival.
- The check in and check out times are at the discretion of the owner, but if no times have been agreed in the booking terms, the guest should be able to occupy the home from 16.00h on the first day of the contracted period and leave at 12.00h on the final day.
- Owners must provide instructions (or a user manual) for all white goods and electrical appliances and instruct the guest how to use each appliance when they arrive, at the same time as any telephone, wifi, alarm and access key fobs or devices, so they have complete independence during their holiday.
- Owners should also include a set of rules for the home i.e. pets, smoking, etc. Along with the Community Laws for building in which the property is situated.
- Owners must keep receipts and proof of payments for each guest occupation. All proof of payments and guest contracts must be kept and made available to the Junta de Andalucia or government administration office for the period of one year.
- Your prices should be advertised on a per night basis and include: water, electricity, cooling and heating costs, fridge, cleaning (before arrival) and bed and bath linen.
- All guests must receive a written booking confirmation, which includes total price of stay, including any extra charges and deposit.
- Guests must receive a receipt each time they make a payment towards their stay, or ancillary services.
- You may establish clear booking and payment terms with your clients, but if you have not agreed otherwise, you may ask for a maximum 30% of the rental fee as a deposit to secure a booking, and a refundable breakages deposit on key collection. If the booking is for two nights only, you can ask for the total price in advance.
- Cancellation policy: If you have not indicated otherwise in your Booking Terms, cancellations made by the client earlier than 10 days before the arrival date, will be subject to losing 50% of the deposit. Cancellations made within 10 days of arrival, the owner is entitled to keep the full payment.