What are the legal requirements for short-term renting in Andalucía?

As a landlord renting short-term, you will need:

Registration: If you are renting out a property in Andalusia for holiday rentals, short-term rentals, or as a tourist accommodation, you are generally required to register the property with the Andalusian Tourism Registry (Registro de Turismo de Andalucía). Each property must have a unique registration number.
https://www.juntadeandalucia.es/organismos/turismoculturaydeporte/areas/turismo/registro-turismo.html

Property Standards: The property must meet certain health, safety, and quality standards to be eligible for rental. It should have basic amenities, comply with local building regulations, and be adequately furnished and equipped.

General Requirements:

• The property must be in good condition and suitable for short-term accommodation.
• It must have a valid ocupación licence (occupancy license).
• It must be registered with the Andalusian Tourism Register (RTA).
• It must comply with all applicable safety regulations, including fire safety and hygiene standards.

Specific Requirements:

• Maximum occupancy: The maximum occupancy of the property must be clearly stated and must not exceed 15 people.
• Bedrooms: Bedrooms must have natural ventilation and be adequately furnished with beds, bedding, and wardrobes.
• Bathrooms: Bathrooms must have hot and cold running water, a shower or bathtub, and a toilet.
• Kitchen: The kitchen must be equipped with basic cooking utensils, crockery, and cutlery.
• Living room: The living room must be furnished with comfortable seating and adequate lighting.
• Amenities: The property must have basic amenities such as bed linen, towels, soap, toilet paper, and a first-aid kit.
• Accessibility: The property must be accessible to people with disabilities, if applicable.

Additional Requirements:

• Cooling system: The property must have a cooling system in each room, if it is rented out during the summer months (May to September).
• Heating system: The property must have a heating system in each room, if it is rented out during the winter months (October to April).
• Tourist information: The property must provide guests with tourist information about the local area.

Registration and licensing requirements:

• Registration with the Andalusian Tourism Register (RTA): All properties used for short-term rentals in Andalusia must be registered with the RTA. This can be done online or at a local RTA office. https://www.juntadeandalucia.es/servicios/sede/tramites/procedimientos/detalle/6631.html
• Obtaining a VFT (Vivienda Turística de Vacaciones) licence: Some properties may also require a VFT licence. This is typically required for properties that are rented out for more than 60 days per year. https://www.juntadeandalucia.es/organismos/turismoculturaydeporte/areas/turismo/registro-turismo/paginas/viviendas-turisticas.html

Additional tips for meeting property standards:

• Keep the property clean and tidy.
• Make sure that all appliances are in good working order.
• Provide guests with clear instructions on how to use the property.
• Be responsive to guests’ requests.

By following these standards, you can ensure that your property is safe, comfortable, and compliant with Andalusian law. This will help you to attract and retain guests and will make your short-term rental business a success.

Rental Contract: It is important to have a written rental contract (contrato de arrendamiento) in place. The contract should specify the rental terms, including the duration, rent amount, payment conditions, and any additional clauses agreed upon by both parties. It is recommended to seek legal advice when drafting the contract.

Rental Period: In Andalusia, short-term rentals are generally limited to a maximum of 90 days per year for each property. This rule may vary depending on the specific city or municipality, so it’s essential to check the local regulations.

Tax Obligations: Rental income is subject to taxation in Spain. You are required to declare the rental income and pay applicable taxes. It is advisable to consult with a tax professional or accountant to understand the specific tax obligations and deductions. You can find the top-rated accountants in your area here: Property Services

Insurance: Consider obtaining suitable insurance coverage for your rental property. Insurance can help protect against potential damages, liabilities, or unforeseen events. You can find the top-rated insurance companies in your area here: Property Services

Data Protection: If you collect personal data from your tenants (such as names, identification numbers, or contact details), you must comply with the data protection regulations, such as the General Data Protection Regulation (GDPR). you can download the full PDF from here: https://gdpr-info.eu/

Remember, these are general guidelines, and there may be additional requirements or specific regulations depending on the location and type of rental property. It’s crucial to consult with local authorities, legal professionals, or specialized advisors who can provide accurate and up-to-date information tailored to your specific situation.

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