Rent of apartments and rural houses presupposes the fulfillment of diverse requirements and the inscription in the corresponding registry of your Autonomous Community. In the case of Andalusia, a distinction must be made between urban and rural vacation homes and, in any case, register in the vacation home registry of the Andalusian Government.

 I. Rural area:

According to Law 13/2011, of December 23 Tourism in Andalusia, these are rural holiday houses if these are in rural areas, have special construction characteristics, offer accommodation and other services, and are registered as "Rural house" in the Andalusian tourism registry.

To know what factors determine that a property can be classified as a country house, those of article 3 of Decree 20/2002, on rural tourism and active tourism, must be observed. According to this article, it is a rural area (rural environment), if it is predominantly agricultural, forestry, fishing or livestock activity.

However, the second section of the same article refers to several important exceptions, such as the distance to the roads and highways, the proximity to the beach, the location in the coastal zone, the population of the town, the proximity to the industry, etc.

Except in cases where there are no doubts about the classification, a prior cartographic and urban analysis is always recommended for the correct classification of the soil. The classification has a direct impact on the applicable legislation, which means that different requirements must be met when applying for the corresponding license.

II. Holiday cottages:

If according to the corresponding analysis, the area is classified as rural, the following rental requirements must be met:

1. It is an independent apartment, which includes equipment rooms, stables, sheds or similar.

2. There are a maximum of 3 apartments in a building.

3. A maximum of 20 places are offered.

Depending on the category, the rural holiday houses are classified as "standard" or "luxury" and, therefore, must meet the requirements established in Annex III of the decree. In this regard, at least the requirements regarding the "standard" category of Approach III must be met, as well as the general conditions of Annex II.

Registration in the Andalusian Tourism Registry:

Owners of rural holiday apartments or rural holiday houses are obliged to register them in the Andalusian tourism registry by filing an affidavit. With the correct presentation of the declaration, the registration obligation is considered fulfilled.

Legal requirements for rental in rural areas:

Decree 20/2002, of January 29, on rural tourism, establishes several minimum requirements in articles 11 and 12.

The following requirements must always be met:

·         Cleaning and change of bedding before moving to new tenants.

·         Hospitality with traditional regional dishes. (Only in the case of vacation homes).

·         Rooms must be furnished and contain the necessary electrical appliances for immediate use.

·         Entrances and exits must be properly marked.

·         The landlord must provide the tenant with information on how to get there. (Maps, sketches, etc.)

·         The road must be passable for cars. If this is not possible, the landlord must offer the tenant free transportation.

·      If there is no connection to the city's water supply, the property has a drinking water tank with a capacity of at least 200 liters.

·         Electricity.

·         First aid kit.

·       In addition, the requirements established in Annex III of the aforementioned decree must be met.

Traveler registration (traveler registration book):

An important special feature when renting holiday apartments is the obligation to register travelers (traveler registration sheet) and transmit this information to the responsible police or civil guard within 24 hours. The owner must, like hotels, transmit his clients' data to the police.

It should be noted that the corresponding form must be completed by all clients over the age of 16 and, in any case, must include the following information: identification number, validity, name, gender, date of birth, date of arrival, nationality and the number of the holiday apartment. The relevant forms are collected in a folder and sent to the responsible police within 24 hours. Even if they can be personally delivered to the police, transmission by fax or via the appropriate website is clearly recommended. For online transmission, the police only need to register once.

Our law firm will be happy to help you to analyze your specific situation, apply for the appropriate licenses for you, and help you file the relevant tax returns. If you are interested or have specific questions on the subject, we will be happy to assist you by email or phone.

Autor: 

María Santos Acedo
Lawyer & Partner
m.santos@sspartners.es
Tel: (+34) 951 12 13 06
Tel: (+34) 951 12 00 69
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