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    • Tourist license in Andalusia

    Tourist license in Andalusia

    Requirements & process

    Renting your property for a tourist activity involves a determined process.

    First: What is a “tourist rental business”? : It is the activity where houses and apartments are rented and offered for vacation (and not for permanent residence) using online platforms like Airbnb, Homeaway, Booking, etc.

    It is a property where there are the following conditions: 

    • When there is compensation for use.
    • When there is immediate availability of the apartment.
    • When the “use” or the “destiny” of the apartment is “touristy”
    • When it is done “regularly”. A regular basis means you are ONE of the following
    • When the rent is managed by large tourist operators / companies
    • When you advertise the property on tourist channels (Internet, newspapers, etc.).

      - Even if you are not “a business”, you perform some of these services: maintenance and repair of goods, room service, apartment cleaning, toilets, etc., washing of private clothes or apartment equipment ( sheets, towels, etc.), luggage storage, etc.

      So, when you rent your property for "residential" purposes, with medium or long-term families or individuals who rent it for "living" and not for "tourism", then your property is exempt from this "tourist property" regulation. ". “Residential rents” will be governed by the General Rental Law (or “Ley de Arrendamientos Urbanos”). So you won't need to follow these formal registration requirements, but, as explained below, you will need to declare your rental income for Spanish taxes.

    Tourist rental license

    To carry out the tourist rental activity, it is necessary to take into account several factors and minimum requirements, as follows:

    • Direct ventilation to the outside from each room to the outside (or to the patios) and some type of window darkening system.
    • Be sufficiently furnished and equipped with all necessary appliances for immediate use.
    • Thermal conditioning by means of fixed elements in rooms and chambers when:
      Months from May to September: refrigeration
      Months from October to April: heating
    • The apartment must be furnished with a first aid kit.
    • You must have available tourist information about the area, recreational areas of tourist interest, services, means of transport, city map and tourist guides.
    • The house will have grievance and complaint sheets available to all guests.
    • Complete cleaning of the house upon entry and exit of guests.
    • A telephone number must be provided to all users so that users can resolve any doubts or incidents that occur.
      Manual sheets and instructions of all devices.

    Finally, all users must have the information regarding the house rules regarding the use of the facilities, units and equipment of the house, as well as the admission of pets in the house, the restrictions for smokers as well as restricted use areas and EMERGENCY PLAN PROCEDURES AND DOCUMENTATION FOR LICENSE.

    In order to ensure that the house can be used for tourist purposes, it must be licensed for occupation for tourist purposes according to Decree 28 / 22. BOJA No. 28 of 02/11/0216.

    To obtain the “Occupation Permit for Tourism Purposes” there are two ways:

    1.- APARTMENTS THAT ALREADY HAVE A "RESIDENTIAL CERTIFICATE" (Also called "Occupation License") And built "before 1988".

    In these cases, the same “Housing Certificate” is valid to obtain the “Tourist License”.

    2.- APARTMENTS THAT DO NOT HAVE THE "RESIDENTIAL CERTIFICATE" and they were built "after 1988.

    In these cases, the occupation license for tourist purposes must be requested from the general registry of the town hall's planning department. Documentation required:

        1. Application form: 1 copy and 1 original providing the cadastral reference
        2.Photocopy DNI, NIE or CIF.
        3.Proof of re-representation if it is a legal entity.
        4.Proof of payment of the corresponding fees.

    In this case, the presentation of technical documentation will also be necessary, namely:

    • Certificate, descriptive and graphic, made and signed by a competent technician, which must contain:
      • Completion date
      • Description of the condition of the building and its facilities.
      • Cadastral identification and property register.
      • Declaration form responsible for the Technician or other document issued by the official college, according to the document Model 14 of the management of urban planning of the town hall.

    Once the occupation license for tourist rental in Andalusia has been obtained, registration in the Andalusian Tourism Registry is mandatory, in order to carry out the provision of accommodation service for tourist rental, with all this you must submit a document called “Declaración Responsable” to the regional government responsible for tourism, the content of this document will be:

     

    • Data corresponding to the identification of the house:
    • Cadastral reference
    • Capacity based on license of occupation
    • Owner data and address for notifications.
    • Identification of the person who will carry out the activity and title that allows it