Short term rentals and property compliances

Many people are aware of that since 2016 the Junta de Andalucía implemented a new rental law that is to be fulfilled by each owner of a short term rental property indifferent to whether it is a large villa to a small apartment, from then on any rental must comply with this law. It is to ensure higher security during the stay for both the owner and the tenant, this includes informing the police of the people staying in the property (exactly as hotels do) and to make sure the property is up to scratch and provide all the basic necessities for the tenants during their stay.

Marbella Unique Properties work with a specialised team that can help you through this process and make sure your property is registered with the Junta de Andalucía in the correct manor, so to make renting your property as stress free for you as possible.

Property requirements for registering your home with the Tourist Registry office in Andalucía

• The property must have the First Occupancy License and be located in the Andalucía Region. This legislation applies to all provinces of Malaga, Jaén, Cadiz, Huelva, Seville, Granada, Almeria and Cordoba.
• The rooms must have direct ventilation to the exterior or onto patios and the property must be sufficiently furnished and equipped with the necessary appliances and equipment for their immediate use, according to the number of guests that can stay in the property.
• Have permanent cooling systems in rooms and lounges when it is rented during the months of May to September, as well as heating systems for rentals during the months of October to April.
• The property must dispose of first aid kit, tourist information of the area and a complaint sheet.
• The property must be clean and ready for the check-in and upon check-out of the guests.
• Provide bedding and bathroom linen, as well as giving information and instructions on household items, especially appliances and additional home devices.
• Although it is usually desirable, the law does not require the property to have an Internet connection.
• Provide guests a 24-hour emergency contact number.

How to comply with the regulations when publishing your Property for Touristic use?

1. IMPORTANT

Ensure that your property meets the requirements listed

Do not forget to include the registration code on your properties advertisements

2. TOURISTIC PROEPRTY CONTRACT (SHORT TERM RENTAL CONTRACT)

It is advisable to make a specific rental contract for short term rentals. In the case of not making a specific rental contract, the law obliges the owner to give a document as a contract:

• For each rental, a document will have to be given as a contract that must include: name of the owner or agency, the code of the Inscription of the house, the number of people who will occupy it, the dates of entry and departure, the total price of the stay and a contact telephone number.
• This document must be signed by the guest, who will be given a copy. A second copy must be kept by the owner or agency, so that it is available to hand over to the Administration of the Junta de Andalucía during 1 year, as valid proof and that can be used as a contract.

3. REGISTRATION BOOK AND INFORMING THE POLICE

In order to have a control of the overnight guests in your property, the law obliges you to fill in an entry form for notifying the police

• Guests over 16 years old will have to present their identification document to be able to fill in the corresponding entry form.
• The information contained on this form should be communicated to the Police, within 24 hours after the guests check-in, either in person, by mail, by fax or by Internet.
• The form should be kept as a log book for the period of 3 years, to be displayed to members of the Security Forces and Corps if requested.

In short, the requirements are straight forward: To make sure the property is in the necessary condition for this type of rental, to have a rental contract or document that can be used as a contract, and to fill in a communication document for the police with a copy attached of the Passports or IDs of the occupants, a copy will be kept in a guest registration book that should be available in the property.

Marbella Unique Properties is delighted to help your property comply with the new law by offering the services of our select specialists in this field who will guide you throughout the process, it is possible to do this all by email and post if you are not based in Marbella.

If you own a property in the Marbella area and are thinking of listing your property for summer rentals, why not visit our offices in Puerto Banus and speak to our listings department for further information and advice.

As the summer is quickly approaching many owners are beginning to take bookings for their holiday homes, if you are planning a summer stay in the Marbella areas we would be very pleased to hear from you and offer a selection of rental properties to choose from and help you find that special Marbella holiday home!