In February 2016, after a long struggle, the Junta de Andalucía finally passed its own regional holiday rental law – Decree 28/2016 (amending Decree 194/2010) regulating tourist rentals in the region (following in the footsteps of other regions like Catalonia, the Balearics, and the Canaries)
Owners who wish to rent out all or part of their property to tourists on a short-term basis will have to register with the Andalusian Tourist Register (Registro de Turismo de Andalucía) within 3* months of the decree; (*Effectively from 11th May 2016)
Owners who fail to comply with the new regulations, which also require owners to have an “occupancy licence” and satisfy detailed rules on furniture and other characteristics, including AC in the living and all bedrooms, could face fines of up to €150,000. (In Barcelona, for example, in two unrelated recent cases they have levied fines of €24,000 and €70,000 on the same token)
The quoted purpose of regulating tourist rentals is to improve quality, reduce tax fraud, and prevent “unfair” competition for hotels, however there are many knock-on effect benefits form the Decree not least the additional income to the Junta but also the fact that a landlord cannot expect to register their property and not declare their rental income to the Hacienda whether they are resident or non-resident.
Many landlords and their agents have adopted a blasé attitude to date but the Junta has acquired and deployed sophisticated “web crawlers” that methodically and relentlessly trawl the internet to come up with non-regulated rentals that are advertised over the web and cross-referencing this information against their records and with substantial income available by way of levy and fines this is not a decree to ignore.
Having said this the Junta has reported that nearly 4,500 voluntary applications have been made to date, the majority from Malaga province (1,379) with just over 2,000 registrations already authorized.
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