Andalucia holiday rentals

The Complete Guide to Registering Your Holiday Rental in Andalucia

In line with many other regions in Spain, the Junta de Andalucía (Andalusian government) finally published the decree to regulate holiday rentals (viviendas con fines turísticos) in Andalucía on 11th February 2016. The law became operative on the 11th May 2016, after which all owners who advertise their holiday home as tourist accommodation must register in the Registro de Turismo de Andalucía. The good news is that registration is free, and the registration process simple.

In February the Junta de Andalucía held a meeting in Málaga, which was attended by over 300 people keen to get clarification on the new guidelines. I attended the meeting to find out exactly how to register your holiday rental in Andalucía.

How to register your holiday rental in Andalucia

If you have an electronic signature (‘firma electrónica’) you can do the whole process online. If not, you should complete the online registration form “Declaración responsable para el acceso o ejercicio de la actividad”,  then you can print it off and present the application form at one of the offices listed below.

The main application details must include the owner’s details, since as an owner you are held completely responsible for your property and the activity as tourist accommodation unless you have given another party Power of Attorney to be your legal representative. If you have a property manager or agency managing your holiday rental, you can nominate them to take care of the registration, be available for the inspection, etc.

Together with the application form, you must make available copies of the following documentation:

  • Paperwork from when you bought the property, including the ‘referencia catastral’ (land registry reference), which you should find on an IBI receipt or sometimes on your title deeds (‘Escritura’)
  • The licence of first occupation (‘Licencia de Primer Ocupación’), or equivalent certificate, such as the ‘Cedula de Habitabilidad’.
  • Property owner details, including an address where notifications can be sent.
  • NIE and passport or Spanish DNI

The registration process is started by submitting the form online, or to the Tourism Office in your locality (see below). An inspection should take place sometime after presenting, but as there is a huge delay in the inspection process, the Junta de Andalucía are granting registration numbers beforehand, as long as your paperwork is in order.

When you submit your application you will be issued with a reference code, which proves you have presented your application. The code starts CTC and can be found at the top of your declaración responsable. You should be able to use this in your advertising to show you are within the process.

If you do not present your ‘Declaración Responsable’ and continue to advertise the property as tourist accommodation, it will be considered an illegal activity.

Where to submit your form

Once you have completed the application form it can be submitted online (if you have a ‘certificado digital, or ‘firma electronica’), or presented at your regional tourism department – the office of Delegaciones Territoriales de Cultura, Turismo y Deporte (click to find your local office).  We are able to do on your behalf – please read more about our holiday rental registration service for Andalucia.

You can also submit your form via the post office (correos).

The Inspection Process

An inspection of your property will be carried out during the application process. Within the Declaración Responsable you can name a representative, who will then be contacted to confirm an inspection date.

Inspections may be carried out during guest occupation. The inspector will ask to see all your paperwork i.e. Licence of First Occupation, Title Deeds, etc. so do have these ready to show them (see details above).

If a property does not meet the structural requirements of the decree, for example if you do not have air-conditioning or heating. Or if you have not got a copy of your Licence of First Occupation, you will be given one year to get the property into the required condition for rental.

Multiple Registration

If you are an owner – individual or company – with three or more properties in your name within the same building or complex, those properties must be registered as Apartamentos Turísticos. This does not apply to agents running three or more properties in the same place, who will be considered as a representative, not an owner.

What properties can be registered as a Vivienda con Fines Turísticos?

All properties that are situated on ‘suelo residencial’ (built on a residential plot/land) can register.

Several clients have asked us about the difference between coastal and inland properties. Today we understand the following rules apply:

  • If your property is situated in the ‘Medio Rural’ i.e. in a natural zone – forest, farmland, river, or countryside, then you should register as a Vivienda Turística Alojamiento Rural
  • If your property is situated on the coast, or within a village or town housing more than 20,000 inhabitants you should apply as a ‘Vivienda con Fines Turísticos’. We recommend you check with your local town hall to confirm this.

Quality categories will be applied with a minimum quality standard of ‘3 Keys’. As the criteria to register has been kept very simple, it’s not clear who or how your property is graded. If this happens during inspection, or based on your registration details. We hope to update on this later.

Viviendas con Fines Turísticos have two options for registering:

  • Casa completa: You rent the whole property out and don’t live there during guest occupation. In this case you may offer a maximum occupation of 15 guests.
  • Por habitación: You may offer single-room occupation, as long as you live there at the time of guest occupation. You would then be registered under the title: Vivienda turística por habitaciones. If you apply for this category you may use international terms, such as guest house or bed and breakfast. In this case you may offer a maximum occupation of 6 guests. And you must also submit a copy of your Certificado de Empadronamiento to prove you are living at the address.

Caution: If you offer any other services apart from accommodation i.e. breakfast, you then become obliged to charge VAT (IVA) and could receive an inspection from the ‘Departamento de Sanidad’, health & safety department. It’s important to check your responsibilities in this case and make sure you are prepared to fulfill them.

The maximum duration of rental by the same party is two months. After which it is considered a long-term rental and is covered under the ‘Ley de Arrendamientos Urbanos’ for residential lettings.

Your property must have a licence of first occupation. You won’t need this to register, but if you don’t have one we recommend you apply for it straight away, and be prepared to present this to the Junta, inspector or any other administrative body when asked.

Your guests must abide by the rules and regulations, as set out within the statutes of your community, if you belong to one i.e. noise pollution, violence, etc. If they fail to do so, you will have the right to ask them to leave, giving 24 hours notice.

You are not allowed to decline any guest based on their race, sex, colour, or personal or social circumstances.

Minimum criteria to register a holiday rental in Andalucia

  • If you rent your holiday home out between the months of May-September, the accommodation must be fitted with some form of cooling equipment in the living area and bedrooms i.e. air conditioning.
  • If you rent your holiday home between October and April, it must also be fitted with a heating system, that maintains a temperature of 19 degrees.
  • All bedrooms must have direct ventilation to the exterior and all windows and patio doors must have some way of obscuring light i.e. curtains, shutters, etc.
  • The accommodation must be furnished adequately for the maximum guest occupancy.
  • Adequate bed linen and towels must be supplied based on the maximum occupation, plus one extra set.
  • You must offer a changeover cleaning service in between each guest occupation i.e. before arrival and after departure of each guest. But it’s not necessary to offer mid-stay cleaning.
  • You should have a medical kit available in the accommodation.
  • Guest must be supplied with tourist information, activities, restaurants, shops, details of the nearest parking area, medical facilities, transport, along with a map of the local area, etc. This can be supplied to guests either as a physical book, or digital format.

Managing your holiday rental bookings in Andalucia

  • All guests must be given a basic contract document which includes: Owner or property manager contact details, your license number, number of guests, check in and out dates, total price of the rental and a 24 hour emergency number
  • Every property must provide an official complaints form for guests and the location of this must be indicated in the property.
  • Your will need to get your guests to fill our a Guest ID form, which must be submitted to the Guardia Civil within 24 hours of their arrival. Please read our updated article on how to submit guest information to the police in Andalucía.
  • The check in and check out times are at the discretion of the owner, but if no times have been agreed in the booking terms, the guest should be able to occupy the home from 16.00h on the first day of the contracted period and leave at 12.00h on the final day.
  • Owners must provide instructions (or the user manual) for all electrical domestics and electrical appliances and instruct the guest how to use each appliance when they arrive, at the same time as any telephone, wifi, alarm and access cards, or similar, so they have complete independence during their holiday.
  • Owners should also include a set of rules for the home  i.e. pets, smoking, etc. Along with the regulations of the community or building in which the property is situated.
  • Owners must keep receipts and proof of payments for each guest occupation. All proof of payments and guest contracts (above) must be kept and made available to the Junta de Andalucia or government administration office (e.g. Hacienda) for the period of one year.
  • Your prices should be advertised on a per night basis and include: water, electricity, cooling and heating costs, fridge, cleaning (before arrival) and bed and bath linen.
  • All guests must receive a written booking confirmation, which includes total price of stay, including any extra charges and deposit.
  • Guests must receive a receipt each time they make a payment towards their stay, or ancillary services.
  • You may establish clear booking and payment terms with your clients, but if you have not agreed otherwise, you may ask for a maximum 30% of the rental fee as a deposit to secure a booking, and a refundable breakages deposit on key collection. If the booking is for two nights only, you can ask for the total price in advance.
  • Cancellation policy: If you have not indicated otherwise in your Booking Terms, cancellations made by the client earlier than 10 days before the arrival date, will be subject to losing 50% of the deposit. Cancellations made within 10 days of arrival, the owner is entitled to keep the full payment.

New legislation can always lead to a time of uncertainty, but these changes are hopefully going to bring more professionalism in the sector in general so can only be a good thing for tourism. If you are unsure as to the best course of action to take, then do read our recent opinion blog about the new legislation.

New article on how to register Guest ID information with the police in Andalucía

114 replies
  1. dawn larder
    dawn larder says:

    Thanks for this update Louise
    Could you clarify another point. I see in your update there is no mention of free wifi as stated in the draft decree. Is free wifi no longer a requirement in order to obtain the license?. Also could you confirm that it is still a fixed air conditioning system that will be required and that portable units will not be acceptable. ?
    I read in another article that there will be set minimum bedroom measurements and rooms which do not meet the minimum square meterage will not be allowable . Is this simply scaremongering?

    Many thanks for your help!

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Dawn

      That’s correct, free Wifi has been taken out of the decree. There is still a fixed cooling system including. The actual term is ‘refrigeración’, which is generally accepted as air conditioning, but there are actually quite a few cooling systems that also come under this term when you check. I will try to find out more.

      There are no room measurements included in the decree. There is reference to room size further down for Apartamentos Turisticos, but in the meeting yesterday, it was confirmed that a property should offer a maximum guest occupancy based on what the Licencia de Ocupación states. So if you have a home fit for 4 people, you should offer a guest occupancy of no more than 4 people.

      Hope that all helps!
      Louise

      Reply
      • susan
        susan says:

        I have seen a number of Licencias de Ocupación from friends, and none of them state square metres or number of people. It is a very general document addressed to the developer that Occupancy Licence has been granted to the developer for such and such and building. It is not individualised by apartment. So I am assuming that this will be acceptable by the Junta.

        Reply
  2. dawn larder
    dawn larder says:

    Thanks Louise
    Sorry to keep bombarding you with questions but can I ask something else:
    Is it still correct that a 24 hour contactable phone number needs to be supplied to guests ( as a property manager I have of course always supplied guests with my contact number in case of issues during their stay but I am wondering if there will be a legal requirement to allow guests to be able to call the property manager 24 hours a day ) Also, is there a requirement for a fixed telephone line to be installed at the property ?
    I manage several Old Town properties of which only one has the Licence de Primera Ocupación. On application for this first occupation license I would assume then that an architect would have to take measurements of rooms in order to assess for the maximum occupancy for any one house?

    Thanks for your help!

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Dawn

      Yes you must make available a 24 hour contact telephone number. As the property manager you probably need to make clear to the guests on check in that you might be hard to contact at 4am, but the number has to be available within the property.

      No fixed telephone line has to be installed.

      If a property doesn’t have the Licencia de Primera Ocupación they can’t register. They will need to apply for that, or equivalent if the property is older. All of these types of certificate will include room measurements and recommended occupancy.I would register at the same time and then chat to the inspector about it. Show them the paperwork, that you have it in hand. The decree does state that any renovations can be carried out within the first year of registering, maybe this will be the same for applying for your licence, but I’m not 100% sure.

      Best wishes
      Louise

      Reply
  3. Sean Wales
    Sean Wales says:

    Hi I have Vivienda turistica rural so am exempt from the new law but still come under old decreto and need to register
    We are not Casa rural but need to fulfil basic requirements as stiplulated for Casa rural which I understand means we do not need air condition, However online I cannot find the correct form to register there are several which all look the same
    There are at least two declaracion responsable but which is the correct one for VTAR Thank you

    Reply
  4. Richard Pitts
    Richard Pitts says:

    Hi Louise
    Thanks for your article.
    Was it clarified at the meeting that only accommodation that is advertised somewhere needs to be registered?
    Would you have any idea what happens about bookings taken before 12th Feb?
    Thanks
    Richard

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Richard

      Yes if you advertise your property through any type of tourism channel, or advertise your property as tourist accommodation, then you must register. That means booking sites, travel agencies, reservation sites, activity booking specialists, on/offline media under a travel category.

      But if you don’t advertise, you won’t have many bookings, so it makes sense to register.

      I don’t understand the question about bookings taken before 12th February. As long as you register your application on or around the 11th May, you will have no issue with any previous bookings. The register process should only take 2-3 weeks.

      Does that help?
      Louise

      Reply
      • Richard Pitts
        Richard Pitts says:

        Yes thanks Louise. Since leaving my question with you, I happened to see a Gestoria who was not as confident as yourself re only property advertised has to be registed.
        Thank you
        Richard

        Reply
        • Louise Brace
          Louise Brace says:

          Hi Richard,

          I strongly believe that everyone who rents their property as tourist accommodation, to holidaymakers, where money exchanges hands, should register. I don’t believe the channel you use should make a difference.

          This was a point brought up in the meeting last Tuesday. The junta mentioned putting up a Se Alquiler sign on your balcony, or sending a message by Whatsapp to contacts who were interested, as examples where owners didn’t need to register in the Registro de Turismo.

          My advice, always, is register!
          Louise

          Reply
  5. Ray Kaye
    Ray Kaye says:

    what will happen if you have bookings taken before 11th Feb but now do not wish to carry on letting your property to holiuday people ??

    Reply
  6. Ray Kaye
    Ray Kaye says:

    for one of the owners I think it will be too much hasle ,they ere only doing holiday lets as they had a lot of problems with long term letting . the other owner is considering selling up any way !!

    Reply
  7. susan
    susan says:

    Excellent article Louise. Just to make one thing clear though. I think you have to keep the guest registration file with police records for 3 years and not one year.

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Susan

      This is the link. As with all links on the Junta site, it hasn’t got a privacy certification, which gets flagged up. You have to click Advanced on the page and proceed to page. You’ll arrive at the Oficina Virtual of the Junta de Andalucía and from there you can choose tramite con or sin certificado digital. If you don’t have an electronic signature, choose tramite sin certificado digital. The form has to be completed online and then downloaded and taken to your territorial office.

      Hope that helps, give me a shout if you need any further help,
      Louise

      Reply
  8. Jan Wright
    Jan Wright says:

    Hi Louise, we rent from a Spanish landlady who lives with her family in her own house on the urbanisation . She rents out 4 other houses on the same urb to long term i.e 2-6 months winter/spring and then on a weekly basis during the summer. Does she come under the regulations?

    Reply
  9. Mike Stammers
    Mike Stammers says:

    You talk about a ‘licence of first occupation’. What is that? Is it the building inspector’s approval when the property was first built? Or is it something else?

    Reply
  10. Chris
    Chris says:

    Many thanks Louise for your article. I have a question on multiple registration. I am the private owner of two properties which I let as self catering holiday lets (I don’t use an agent – I do it all myself). I assumed I would be able to register them both under one licence number as they are both run and managed in an identical way i.e. terms and conditions, contracts, booking process, rules and regulations, advertising everything the same, but reading the decree it looks like I will have to register them both individually with individual license numbers and two inspections etc because it is saying you must have three or more properties to be considered Apartamentos Turísticos – have I understood this correctly? Thanks

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Chris,

      Not sure how, but your message slipped through the net. Apologies! Yes you must register each property individually. You’ll have a registration number for each. Are they located in the same building or complex?

      Louise

      Reply
      • chris
        chris says:

        Thanks Louise, I thought this would be the case. To answer your question, they are both on separate urbanisations although the urbanisations are a minute walk from each other

        Reply
        • Louise Brace
          Louise Brace says:

          Hi Chris

          Register them separately. You should be able to register then as Viviendas Con Fines Turísticos and not Apartamentos Turísticos, which have a different criteria. I say this because, if you own two plus properties in the same complex or building, then you do have to apply as an AT.

          Hope that helps
          Louise

          Reply
  11. David Scott
    David Scott says:

    I have read elsewhere, but do NOT see in your artical about the requirement for owners to submit forms ( containing guest details ) to the Police within 24 hours of guests arriving, is this a requirement ?

    Reply
    • Louise Brace
      Louise Brace says:

      Hi David

      We do state in the article that ID documents need to be copied and kept for one year. We are currently contacting municipal police and the ayuntamiento in Marbella to verify if these documents do have to be submitted to them. Unfortunately, to date, the police were unaware of procedures and passed us to the ayuntamiento, who asked us to put the question in writing. When we have a definitive answer, we’ll update the article.
      Many thanks, Louise

      Reply
      • David Scott
        David Scott says:

        Thank you Louise, I look forward to seeing the police/Ayuntamiento say.

        Next Topic.. I think I understand that as a NON resident owner, I must pay the NON RESIDENT INCOME TAX, based on the villa value when not rented out OR based on the rental income when it IS rented out to holiday makers.

        My question is, if I become resident, I assume I would not pay the NON RESIDENT INCOME TAX, based on the villa value when not rented out, bur would still pay the 19% income tax based on the rental income.
        But for the period it is NOT rented out would I pay another tax instead of the NON RENTAL NON RESIDENT INCOME TAX ? Hope that makes sense.

        Regards David

        Reply
  12. Competanians
    Competanians says:

    What a pity. It now seems that it will no longer be possible to rent a simple finca in the countryside without air conditioning, and of course the rental price will be increased to pay for this service which I don’t require. I’m sure that the local restaurants and bars will be sorry about the loss of trade which will follow.

    Reply
    • Louise Brace
      Louise Brace says:

      Depending on where your finca is located, you may not need air conditioning. If your finca is situated in a rural area ‘medio rural’, then you will need to apply as a Vivienda Turística Alojamiento Rural and air conditioning is not required.

      Reply
      • Competanians
        Competanians says:

        Many thanks for your advice. There is a nearby property which has the R rural sign on the outside wall, which is nearer to the local town than our property (roughly 3 kms) so we will investigate this further.

        Reply
  13. dawn larder
    dawn larder says:

    Hi again Louise
    Could you just clarify something for me as this is be.coming a headache now regarding the license of first occupation ( or habitation)
    As a lot of the properties I manage are very old then it is still not clear how to get the equivalent license of habitation. My town hall have no clear answer! Is it concrete that when we try to register for the rental license that we will need the occupation license at the same time ? Or do we have a year to organise this in that same way we have a year to get all the air con and heating installed. ?
    i would be really grateful if you could help me on this as I am getting a lot of enquiries for bookings and I simply don’t know what to do about accepting them in case we are refused the license at the registering stage and I will have to start issuing refunds later on down the line . Thanks!

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Dawn

      Let me see what I can find out for you. I understand that you don’t have to present this document until the inspection, but whether they will let the owner rent out without it, I’m not sure. Hopefully!

      I’ll ask today for you.
      Best wishes, Louise

      Reply
          • Louise Brace
            Louise Brace says:

            Hi Dawn

            I finally got a reply on your question about Licence of Occupation. As the decree states that all Viviendas Con Fines Turísticos must have their licence of occupation, you won’t be able to apply without one. If you applied, you will be asked for the document, probably at the inspection. Without one, they will deny the application.

            For owners with properties that don’t have the licence, we recommend they visit their local ayuntamiento to find out if they have a copy. If they don’t they will explain how to get one, or if getting one is not possible, then they should explain what type of documentation they can apply for to substitute the licence. Once they have started the process, they should be able to apply with the receipt they receive from the ayuntamiento, which states they are in the process of applying for the correct documentation.

            I hope this helps
            Louise

  14. Carina
    Carina says:

    Hi Louise,
    Is it necessary to provide an extra set of linen, if there is a washing machine in the house ? I charge a fee for sheets & towels. Should I give it now for free ? Also I’ve been told we need to have fire extinguishers, but don’t see it in your list. Is it required ?
    thanks for your advice. Carina

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Carina

      The decree states that you should have enough bed and bath linen for each guest, plus one spare set. These must be included in the rental price. There is no mention of fire extinguishers or smoke alarms in the decree, which does surprise me. It may be brought up during the inspection, but it makes no mention in the decree that is currently published.

      Hope that helps
      Louise

      Reply
  15. Carina Reyntens
    Carina Reyntens says:

    Hi Louise,
    Should fire extinguishers be provided too ? i’ve been told so, but don’t see in your list.
    I charge guests a fee for linen (sheets & towels). The new law says we need to give a spare set as well. Is this also necessary when there is a washing machine in the property ? And should we give linen for free ?

    Reply
      • Carina Reyntens
        Carina Reyntens says:

        Hi Louise,
        Sorry for posting my message twice, but the first one had disappeared for some reason 🙂
        Just to be sure : in your list you says linen has to be provided “based on the maximum occupation” (in my case 6p). But in your comment you say “for each guest” (let’s say 3). Makes a big difference in the linen to provide. Could you please clarify. Thanks

        Reply
        • Louise Brace
          Louise Brace says:

          No worries Carina,

          I would supply a set of linen for each guest, plus one extra. So if you have a maximum occupancy of six guests, but only four are staying, then on that occasion I would supply 5 sets.

          Does that make sense?
          Louise

          Reply
          • Carina Reyntens
            Carina Reyntens says:

            Oh, so only 1 spare set in total ? I understood I had to provide an extra set for each guest ! And that’s only for towels then or also for sheets, as we have signe beds and a double ?

          • Louise Brace
            Louise Brace says:

            Hi Carina

            I have just double checked this with the Junta. You will need to supply one set of bed and bath linen for each guest and then one extra for each guest. So if you have four guests, staying in two beds, you would supply four sets of sheets and eight towels. Or sufficient towels for the guest occupation, with one extra set for each i.e. if you normally supply: two large towels and two hand towels for two guests, you’d need to supply four and four.

            Sorry for the misunderstanding. I’ll also make this clearer in the article.

            Best wishes
            Louise

  16. Karen phillips
    Karen phillips says:

    Hi can you tell me if properties have to be altered for disabled people and if so what does it entail? Karen

    Reply
  17. Carina Reyntens
    Carina Reyntens says:

    Hi Louise,
    I have an issue with following requirement :” Your prices should be advertised on a per night basis and include: water, electricity, cooling and heating costs, fridge, cleaning (before arrival) and bed and bath linen.”.

    I don’t rent per night but only on a weekly base. I charge separately for final cleaning & linen. Electricity is according consumption (meter). This is all stated in my rental agreement.

    So it is really not possible for me to advertise on a nightly base and all charges included ?
    Thanks for advising.
    Carina

    Reply
    • Louise Brace
      Louise Brace says:

      All I can tell you is that this is what the decree states. I believe you could probably continue to promote weekly rates in your advertising, but should ensure that within the contract, the weekly rate is broken down into a nightly rate, in case of inspection.

      Your rates should be inclusive, unless you offer ‘mid-week’ cleaning, or other extras. If you choose not to do this, then you may get notified about it. It’s always better to advertise all-inclusive costs anyway. Adding electricity, cleaning and linen isn’t guest-friendly.

      Reply
      • Carina Reyntens
        Carina Reyntens says:

        Sorry to bother you again Louise,
        I understand perfectly, but linen & cleaning fee is not for my account but for my keyholder, and is per stay, not per night. Electricity is deliberately excluded from my rental price now, since I’ve had some unpleasant bills when it was included. Tourists don’t bother and leave aircons on all day and night, with doors and windows open and covered with duvets at night in summer but aircon at 19° 🙂 They are now really conscious if they have to pay for their consumption. In hotels it’s the same : if you go out the room with your key card, you don’t have power supply anymore. We as private owners can’t do this. An issue to reflect to the Junta perhaps ? Also should Junta understand that families with children can’t effort hotels and chose therefore holiday houses without the priviliges and luxury they might have in a hotel. Why should we them get now on the same level as hotels?

        Reply
  18. dawn larder
    dawn larder says:

    Thanks for your information Louise.
    It looks like we are going to have problems getting the license of occupation ( or the equivalent license of habitation) on the older properties I manage. My local ayuntamiento doesn’t seem to be able to give any answers and are not being at all helpful.
    A problem I am foreseeing is that come May I won’t have the license of occupation in place and so won’t be able to even start the registration process then I won’t be able to advertise the property on any lettings sites as I won’t have a license number. Bit of a disaster really.

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Dawn

      You can’t apply without the licence of occupation, as it’s required in the decree. Have you tried speaking to a lawyer or architect firm, to see if they can help?

      Louise

      Reply
  19. Jan-Inge Andersson
    Jan-Inge Andersson says:

    Hello!
    I can’t find this registration form on the Officina Virtual, could you please help me! Could you write and guide to my e-mail, thanks in advance!

    “If not, you should complete the online registration form “Declaración responsable para el acceso o ejercicio de la actividad”, then you can print it off and present the application form at one of the offices listed below (you cannot print it off and complete in pen for example)”

    Reply
    • Louise Brace
      Louise Brace says:

      I’ll send you some screen shots by email tomorrow. It won’t be until the evening, as I am out of the office all day. And don’t forget if you have difficulty completing the form, we offer a service to register your property.

      Reply
  20. keith mclaughlan
    keith mclaughlan says:

    Hi,
    what is the position for a property that has more than 15 persons,what are the rules.
    Is the 15 persons a strict maximum,we have 11 bedrooms in a large property where families have reunions.
    They are all happy to be together and not spread out in various properties.
    I have tried to find out what the rules are for over 15 persons and no one seems to know anything.
    Can you help?

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Keith

      The decree states that you may offer a maximum guest occupancy of 15. I understand it has been contested by a local association, but whether or note this rule will change, I don’t know. At the moment, this is what you should may offer.

      The question is how strict will the Junta be in checking what occupancy you advertise.
      Louise

      Reply
  21. Carina Reyntens
    Carina Reyntens says:

    Hi Louise,
    Perhaps a stupid question, but who must register the property ? Our house is on both names : my husband (Spanish) and myself (Belgian). I suppose only 1 of us must register ?
    Regards,
    Carina

    Reply
  22. Debbie Brown
    Debbie Brown says:

    Hi Louise

    Is there anywhere that I can apply on line for a copy of my First Occupation liscence using a digital certificate?

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Debbie

      If one exists you just need to check with your local ayuntamiento. I have no idea if you can apply for a copy online with your electronic signature, but check with them. Sorry!

      Louise

      Reply
  23. dawn larder
    dawn larder says:

    Hi again Louise
    I am still having problems trying to get an exact answer on how the ID documentation from guests needs to be collected. Does it absolutely have to be on the moment of the guests arrival ( therefore meaning that all guests have to be met personally at the property) or can it be collected by email for example. I assume that meet and greets really are going to be a requirement as guest also need to be shown around the property and how to use the domestic appliances etc. Is this correct??
    Many thanks!

    Reply
  24. dawn larder
    dawn larder says:

    Hi again Louise
    Sorry to keep bombarding you with questions but could you clarify something else for me :
    On one of the properties I mane the owner has “misplaced” his title deeds and seems to be having a problem getting a copy therefore we can’t even begin to start the registration process for the license yet. I have guests booked for the whole of the summer staring very soon a. Are we allowed to continue with these bookings or will we run the risk of a fine ?

    Thank you

    Reply
  25. Marion
    Marion says:

    Hi Louise
    I live in a cave house in rural Andalucia and want to rent out one or two rooms as bed and breakfast . Please can you tell me form/licence I need to apply for

    Thank you

    Reply
      • Marion
        Marion says:

        Thanks Louise, I have done a bit f research and I can do room rental, reading the rural regulations cave house is exempt from registering but I need a viviendos touristicaa de alojamiwnto I believe

        Reply
  26. Carina Reyntens
    Carina Reyntens says:

    Hi Louise,
    is the license number the same as on our registration form, starting with CTC, or will we get another one ?
    Thanks
    Carina

    Reply
    • Carina Reyntens
      Carina Reyntens says:

      as Louise is not answering : has someone got their license number already or got contacted for checking the property ? As I’m in Spain now, I would like to display my license number in the house and ads, but I only have the CTC number at registration.

      Reply
      • Louise Brace
        Louise Brace says:

        Hi Carina

        Apologies for not answering sooner. I have asked the question to the Junta, but I believe you won’t get your proper registration number, until your application has been approved. At the moment your CTC number proves you have applied, and you can use it to chase up your application.

        When I hear more, I will let you know. But the best thing is to use your CTC number in advertising, so that the Junta ((If they check) can see that you are in the process.

        Best wishes
        Louise

        Reply
      • Louise Brace
        Louise Brace says:

        Hi again Carina

        As I thought. This is not your final registration number. You’ll be notified of the number once your application has been approved. Until then use your CTC number in advertising to show that you are in the application process.
        Louise

        Reply
  27. Angeline
    Angeline says:

    I have stopped taking any holiday lets as from end of August, hoping for long term rentals only. Am I clear of this new ruling for registration in Benalmadena? I have taken my properties offline so noone else can book and have asked my lawyer to look out for long term lets and draw me up the necessary contracts. Thank You.

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Angeline

      According to the decree, even one rental booking for the year means you should register. However, if your properties can no longer be found online, then I think you should be OK and registering won’t be necessary. But legally you should register and it’s my duty to inform you of that.
      Louise

      Reply
  28. Alistair macgregor
    Alistair macgregor says:

    An agent has requested that we have a gas and electric certificate. Are these required by law in Spain???

    Thank u.

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Alistair

      You should have an energy efficiency certificate when you rent, or want to sell your property in Spain. It’s very easy to obtain. The cost is based on size of property.
      Louise

      Reply
  29. Liane
    Liane says:

    Hi Louise,

    I am still unclear as to the laws on very rural properties renting out to holidaymakers and using booking platforms to get booking. Do we use a different form to register and therefore which one? Also, we only have air conditioning in the master bedroom which cools the whole property as it is small and the walls are think – would this be a problem – are there different rules for rural properties? (air conditioning units are so expensive to install and run, and it really doesn’t need it!)

    Reply
    • Louise Brace
      Louise Brace says:

      Hi Liane

      Sorry for the delayed reply, I have been away on summer holidays. I am afraid I haven’t studied the rural decree enough to comment professionally on the specifications.

      I can tell you that the form is the same for all types of accommodation. You will just fill in the relevant part for Casa Rural or, probably in your case, Vivienda Turistica Alojamiento Rural.

      I do believe there are different rules regarding cooling and heating systems and I think they are less stringent, but I recommend you speak directly to the Junta de Andalucia, who will be able to help you on this point.

      Hope that helps a little!
      Louise

      Reply
  30. Brian Smith
    Brian Smith says:

    Hello Louise, Can you please put a example in English of a completed form for submitting to the local police in Benalmadena for people in my apartment. I have a CTC certificate when should I start taking and submitting these forms of ID to the local police station ? Thanks Brian

    Reply
  31. Michael Gough
    Michael Gough says:

    Hello, Louise Brace, I have 3 questions, 1 live in a rural town with a population of 4500. post code 29310. I have been told by the Junta my house is rural, and have the CTC number, 1. is it a legal requirement to show the CTC number on any advertisement. 2. is it a legal requirement to have the R sign on my house. if Yes were can i get one from please. 3. I have been told by the Junta, that I can not have an apartment, because there only in cities, so they have listed me as renting out 2 individual rooms on my first floor, and that I am living on the property. But I have advertised it as,first floor penthouse pool suite with 4 balcony terraces. Ive left out the word ( apartment,) am I in trouble ? . Kind regards Michael.

    Reply
    • Louise Brace
      Louise Brace says:

      Dear Michael, I am afraid I haven’t studied the decree for Viviendas Turisticas Alojamiento Rural i.e. semi-rural and rural homes enough to be able to comment. If you have a CTC number you should be advertising it, because it shows you are in the registration process. If you need to get an inscription mounted on the front of your house there is normally a template at the end of the decree, but I would recommend you ask the Junta where you can get them produced. I am surprised they have listed you as offering two individual rooms, as I thought this single room occupation basis was only allowed for VFT – urban and coastal properties. I wouldn’t like to comment if you might get into trouble. But be clever with your wording, as long as you are registered and declaring taxes you should be ok.

      Reply
  32. Kathy
    Kathy says:

    Your will need to get your guests to fill our a Guest ID form…you mean You will have to provide your guests with the Guest ID form? or what do you mean by “your will” and “fill our” ?

    Reply
  33. Terry
    Terry says:

    You mention you can apply online if you have a firma electronica (digital certificate). How do I know if have one or how can I get one?. Thanks in advance..

    Reply
  34. John Harrison
    John Harrison says:

    I have a holiday home in Frigiliana and I applied to register on 26/0716. I ticked the box ‘Vivienda con fines turisticos’ under 4 Datos de la Actividad. I got a reply dated 24/11/16 saying that my application was rejected as Frigiliana is a town of less than 20,000 inhabitants. No further guidance or explanation was offered. I presume I should have ticked ‘Vivienda Turistica de alojamiento rural’ (or Casa Rurales??) in box 4. Should I just resubmit the form (with the tick in the right place) ?

    Reply
    • Louise Brace
      Louise Brace says:

      Dear John

      There’s a few more boxes to tick / info to add than just changing the box. I recommend you pop into the town hall at Frigiliana and ask them what needs to be changed/added and then you can go back and recomplete the form. If you go back into the system, you can add the original CTC number at the top of the form and they will be able to refer back.
      Best wishes
      Louise

      Reply

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