On May 12th, 2016, Andalucia implemented a regulation for holiday rentals, known as Viviendas de Uso Turístico (VUT). Property owners who regularly rent out their properties to tourists must comply with this law by registering their property as a “Vivienda Turística” in the regional government’s registry. Failure to do so classifies the property as “clandestine,” potentially resulting in fines up to €18,000. This regulation was recently updated by Decree 31/2024 on January 29th, introducing significant changes.
Exempt Properties:
Properties rented for periods longer than 2 months to the same person or those not regularly offered for rent are exempt. Long-term leases and properties on rural land follow different procedures. Additionally, owners of three or more properties have a separate registration process.
Properties Requiring Registration:
Properties on residential land rented out regularly for periods shorter than 2 months must be registered. This includes whole properties or individual rooms if the owner resides on the premises. Regular rentals are defined by promotion through tourism channels like travel agencies or online platforms. Registration is mandatory even without using these channels if renting is habitual.
On January 29, 2024, Decree 31/2024 introduced several changes for tourist accommodations (now called VUT instead of VFT). These modifications include:
1. First Occupation License (F.O.L.):
• The requirement to present an F.O.L. alongside the responsible declaration has been eliminated. Applicants must declare compliance with urban planning regulations. Obtaining a certificate from an architect is recommended to confirm compliance.
• Provision 9.2 highlights that inaccuracies or falsehoods in declarations can result in the cancellation of the registration.
2. Community of Property Owners Limitations:
• Holiday rentals are prohibited in buildings whose community statutes explicitly ban them. A Certification from the Land Registry must be provided to confirm no prohibition exists.
• According to Article 17.12 of the Horizontal Property Law, agreements limiting or conditioning holiday rentals require a three-fifths majority vote of owners.
• The non-retroactivity of these agreements is debated, with some believing new owners may continue tourist use if updating the license with the Junta de Andalucía.
3. Activity Period Specification:
• Tourist accommodations must specify operational periods in the responsible declaration, preventing commercialization outside these times.
4. Technical and Habitability Requirements:
• Minimum surface area requirement of 14 square meters per guest.
• Number of bathrooms: two if sleeping places exceed five, and three if they exceed eight.
• Requirements for refrigeration, heating, 24-hour telephone assistance, first aid kit, smoke detectors, or fire extinguishers.
• New annex outlining requirements for household goods and furniture.
• VUTs have a one-year grace period to comply with habitability requirements and a six-month period for other requirements.
5. Municipal Limitations:
• Local Town Halls can limit the number of VUTs per building, sector, period, or area in the public interest, following Supreme Court guidelines.
6. Operator Registration Requirement:
• The registered owner or the person signing the responsible declaration must be the one operating the property, handling listings, check-ins, guest registration, etc.
• This poses challenges for agencies managing multiple properties, as managing more than two properties in the same complex requires registration as Tourist Apartments, which entails stricter requirements.
These updates aim to ensure compliance, enhance safety, and regulate the growing holiday rental market in Andalucia.