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.
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
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!
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!
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.
Yes it will be Susan.
Thanks Louise. I really appreciate all the input you’re giving us.
Can’t see where to ask questions.
What are the safety laws
Hi Louise, I own a freehold in Granada which is split into 3 separate small houses of a private courtyard. If I am looking to rent these out to tourists will I need, what you write, a hotel license? Or because it is one freehold I would be classed as a normal owner.
Also is there currently a limit on how many days a year a landlord can rent his properties out? If not is here any talk of his for the future?
Thank you for any help.
Hi Philip, It depends where your property is located, if you are going to live on site when guests are there, and if each property has its own catastral references. If you want to write to me at firstname.lastname@example.org perhaps I can give some further advice.
Sorry also is there a cost to the stricter license when you own 3 or more apartments and what are the extra boxes that need to be ticked to rent these properties? I cannot find this info online or a good translation of the 194/2010.
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!
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.
Thank you Louise
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
The application form that previously appeared on the Junta site for VTAR properties, seems to have disappeared. When I queried this, I was asked to write in via email, which I did, but after a couple of back and forth emails, the gentleman asked me to call him.
I will do so on Tuesday. When I get information and a link, I’ll let you know. Or post it in the article.
Visit this page: http://www.juntadeandalucia.es/turismoycomercio/opencms/areas/oficina-virtual/buscador/?ov-area=1&ov-familia=8&ov-aplicacion=15&ov-texto=&offset=0&max=&total=
and click on the application link for: Declaración responsable para el acceso o ejercicio de la actividad.
There are actually two. One is if you have a firma electronica, then you can do the whole application online. The second ‘sin certifcado digital’ is the application that needs to be filled out online and presented at the Delegación Territorial.
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?
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?
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.
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!
A very clear and useful article – Thank-you. I will share let’s hope many people take note .
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 ??
I’m afraid I don’t have the answer to that one Ray. What booking dates are confirmed? And how many?
various bookings ranging from March 2016 – October 2016 approx 10 devided across 2 properties . All confirmed with deposits paid .!!
Is it going to be a big issue for you to register Ray? Do you have all the necessary criteria in your property? If you do, I would register to be on the safe side. It’s free. If you want to write to me at: email@example.com to discuss further.
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 !!
This decree is specifically for holiday lets, not long-term. If they wish to continue they will need to register.
What about Airbnb lets, re they covered by the regulations?
Yes of course. Airbnb is a booking platform and all properties advertising as tourist accommodation on Airbnb must register.
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.
Thanks for the confirmation Susan, I have just added the information to the article.
I just wanted to share our new article on registering guest ID information with the Guardia Civil https://rentaltonic.com/how-to-register-guest-information-with-the-guardia-civil-in-andalucia/
Louise I can’t find where to download the PDF Declaracion Responsable, is this available? Can you send me the link please.
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,
Sorry and here is the link! https://ws072.juntadeandalucia.es/ofvirtual/auth/autnocertjs
thank you for the help
Do I need to register if only family and friends stop in my apartment and no money changes hands
No Alan, only if your renting it out as tourist accommodation, not if you just lend it to friends and family to stay in.
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?
If she rents on a weekly basis during the summer, then she should register. Does she rent all four properties out short-term during the summer? And how does she promote the holiday lets?
You can write to me if you prefer: firstname.lastname@example.org
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?
Here is an article I wrote for Spain-Holiday about the Licence of First Occupation, in collaboration with a lawyer. Hope it helps! http://www.spain-holiday.com/rentalbuzz/what-is-a-licence-of-first-occupation
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
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?
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
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
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 ?
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
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.
David see if this article helps to clarify
I thought you would like to read our new article on how to submit guest ID information to the Guardia Civil: https://rentaltonic.com/how-to-register-guest-information-with-the-guardia-civil-in-andalucia/
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.
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.
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.
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!
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
Thanks so much Louise!
Where you able to find anything out Louise?!
Still waiting on a reply Dawn. I promise to get back to you as soon as I have more information.
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
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
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
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 ?
Hopefully I have answered your questions above. Don’t hesitate to get in touch, if you have further questions.
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
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?
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 ?
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.
Hi can you tell me if properties have to be altered for disabled people and if so what does it entail? Karen
No they don’t under the current decree for Andalucía. Obviously properties that are adapted have a big advantage in terms of bookings.
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.
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.
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?
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.
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?
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)”
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.
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?
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.
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 ?
Just one name to register is fine.
Is there anywhere that I can apply on line for a copy of my First Occupation liscence using a digital certificate?
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!
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??
Just yesterday we spoke to a company who confirmed that guest ID information does have to be presented to the police. I did some further investigating yesterday and found this government website, which explains the different ways you can submit info i.e. electronically, by fax, by post, in person: http://www.interior.gob.es/web/servicios-al-ciudadano/seguridad/libro-registro-de-viajeros/comunicacion-de-datos-a-las-dependencias-policial
There is a link to sign-up to the electronic system, but I don’t know if it’s applicable for holiday homes. I am finding out and will write up an article on it.
Thanks Louise , I will have a read of that. What I am still wondering though is how the information is collected really not how to send it. As in does it have to be collected on the spot from the guests on arrival? Or can the guest simply email us the ID info and then we send it on to the police? I am just trying to ascertain whether meet and greets will now be obligatory on all properties due to this and also due to the mention that guests have to be shown around the property and shown how to use the domestic appliances etc… What are your thoughts ??
Thought I would share our new article on submitting guest information to the Guardia Civil: https://rentaltonic.com/how-to-register-guest-information-with-the-guardia-civil-in-andalucia/
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 ?
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
I don’t think it’s possible to offer B&B in a cave house in rural Andalucía, but I recommend you check with the Junta de Andalucía. Email to: email@example.com – he should be able to answer your question.
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
is the license number the same as on our registration form, starting with CTC, or will we get another one ?
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.
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.
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.
great ! thanks Louise.
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.
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.
An agent has requested that we have a gas and electric certificate. Are these required by law in Spain???
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.
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!)
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!
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
I am afraid I don’t have an example of a completed form. Here is the form that you will need to use. It’s pretty straightforward, with comments on what’s needed for Domestic/Foreign guests. http://www.spain-holiday.com/pdfdownload/GUEST_REGISTRY_TEMPLATE_DOCUMENT_Anexo_de_la_Orden_INT_1922_2003_de_3_de_julio.pdf
Thank you Louise for a prompt reply.
Only problem is the page no longer excises !!!
Scroll down here. It’s at the bottom of the page: http://www.spain-holiday.com/rentalbuzz/help-is-at-hand-for-registering-your-holiday-rental-property-in-andalusia
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.
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.
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” ?
Hi again Kathy, please read this article to understand the Guest ID process: https://rentaltonic.com/how-to-register-guest-information-with-the-guardia-civil-in-andalucia/
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..
You will only have one if you have applied for one. You have to fill out the form online and then present your application at the tax office. Here is an article that explains clearly what you need to do. http://www.ypamaabogados.com/en/firma-electronica-espanola-tratar-con-la-aeat-online/
If you don’t want to do that and need help, please get in touch via our form as we offer a registration service: https://rentaltonic.com/rental-marketing/registration-service-andalucia-holiday-rental/
Hope that helps!
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) ?
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.
Is there any benefits in registering in a rural area?
Hi Seger, those properties that have registered will ultimately get the lion’s share of bookings, as guests start to seek out accommodation that has the seal of approval from the tourism board. The other benefit of course is not receiving a fine for renting without a licence.
I have just aquired a place which has this license. My question is, does rental the property out entirely mean I have to rent the whole property to 1 person or can I rent it out per bed/room to multiple customers as long as I don’t live there? If that is the case I am good. If not I need to find a way to get a different license. It is very small, 10 people maximum and has 4 rooms. I am really kind of anxious if I am doing illegal things right now or not.
Thanks for your message. There are two ways to register for a VFT number.
– Completo – you rent the property as a whole and you do NOT live there
– Por habitaciones – you rent individual rooms in your home to different guests, but you MUST live there
The VFT document will show what the property has been registered as. If you need to change it to single room occupation, you will need to make the change with the Junta de Andalucía, and they will need one extra document, which is your padron certificate, showing that you live there. Anyway, if you have just acquired the property, you will need to make the name change on the licence, or the previous owner may find he has chased from the tax office for rental income.
Hope that helps,
Is the government still issuing licenses?
Seems like the process is pretty straightforward but I worry like in Barcelona, while licenses are available they aren’t actually being issued.
Is this the case in Andalucía? I’m looking to acquire a property in Seville early next year.
Licences are issued by regional government and each region has its own decree and specifications. In Andalucía regulations were introduced in May 2016 and licences are being issued. In Seville city you need to be careful about what you buy, as a city apartment may have restrictions. I highly recommend that you get in contact with the association Apartsur in Seville, who know the law very well there.
Do you know what the timeline is for presenting the printed form at the town hall with proof of identity if you submitted the registration form online without a digital signature?
Also do you need a copy of the license of fist occupation if you have the purchase documents and title deeds for the property?
If you present with the printed form at the town hall with all of the correct paperwork, you can receive the registration number within a couple of weeks. You can’t present online without a digital signature. Only fill out the form and get your CTC application number, which you then download and take to present in person.
You can present without the LFO, but… you will need to immediately apply for it, as they will now fine owners who have registered, but not applied for the LFO, so it’s very important to do so quickly. The LFO is a requirement as part of the decree, having the title deeds makes no difference.
We can register you in Málaga and you will receive an immediate number, rather than wait for you. We can also help you apply for your LFO. You can find out more here: https://rentaltonic.com/rental-marketing/registration-service-andalucia-holiday-rental/
can anyone advise what regulations apply for renting rooms in a cave house in Andalucia?
We recently stayed in 3 cave lets and none had air con in bedrooms ?!!
Rural properties are not obliged to have air conditioning. They are regulated differently. But I recommend you always check if accommodation has it’s rental licence, just to ensure that it meets quality and safety guidelines with the Junta de Andalucia.
Thanks for the reply! All is well now and I am registering customers on the form now. I just don’t know how to register with the police? Do I just go there and say I am running this place and I need an account? Or do I need to bring some documents? I can’t find any info on it. The policestation is quite far away so I’d rathercome prepared :).
I guess there is no online registering in this case?
It depends where you are situated. If you are managing properties for owners you can register their guests online, but you first need to register yourself with the local Comisaria de Policia. Have a read of this article also: https://rentaltonic.com/how-to-register-guest-information-with-the-guardia-civil-in-andalucia/
Best wishes, Louise
What documentation do you have to provide when you register for a rural holiday rental.
Is the license of occupancy needed for that as well?
Dear Anne, the process is slightly different, however, depending where you you can now apply either for a VTAR or VFT licence. Please read this article just published on Spain-Holiday.com with an update to rural regulations: https://www.spain-holiday.com/rentalbuzz/andalucia-rural-holiday-rental-law.
If you are on designated rural land you may be asked for the AFO document. It’s not required according to the decree and I know many people registered don’t have one, but they are cracking down. If you need help in registering please get in touch.
How can a holidaymaker verify the authenticity of a licence number for a holiday let. A lot are allegedly using fake or made up numbers. I know there is n official register somewhere but how can anyone get access to it?
hi all could anybody help me out please, what do i need to do to rent out my yurt at the bottom of the garden legally ?? obviously it is basically a modern tent so does not have air con etc lol, do i still need to register ??
I checked on this about a year ago, and the answer was that there was no registration for yurts. Tents, or temporary structures, had to be registered under campsite, but to do that you need a certain size plot, and a minimum number of camp plots. I am checking with my collaborators to see if they know any different. I will reply again if anything has changed since our last petition about them.
Best wishes, Louise
What is the process if I am renting a property and I want to rent out the spare bedrooms, the landlord is in agreement with me subletting the rooms. I do not want the landlord to be affected in any way fiscally by what I will be doing.
If you want to rent out on a room by room basis, the registration needs to be done in the owner or agent’s name, and you should be named as a legal representative i.e you have power of attorney to act on his behalf, and have the long-term rental contract in your name.
If you need help with the registration, please get in touch via our registration service contact form: https://rentaltonic.com/rental-marketing/registration-service-andalucia-holiday-rental/
Can I just ask: if the licence is issued for 5 guests, can I accommodate 4 adults and 2 children under 3 yo?
The law doesn’t specify the age of guests, it’s based on the size of your accommodation, number of bedrooms and beds available. If the children are in cots then it should be fine. If they are sleeping in beds, then they will count as the five guests.
Is it possible to apply for a licence whilst the application for a cedula de habitabilidad is ongoing?
I want to sell the property with at least a temporary licence, and the lengthy delay is holding things up
Yes it is possible. As long as you have the cedula application in process, then you may apply for and receive your registration number. If you need help, please visit this link for information on our registration service: https://rentaltonic.com/rental-marketing/registration-service-andalucia-holiday-rental/
I am in the process of setting up our newly acquired apartment as a holiday let and was wondering if you could point me in the right direction as regards to a definitive list of the things that I have to provide within the apartment and for our guests to be fully compliant.
For example, I have seen conflicting reports with regards to supplying a fire extinguisher and fire exit signs and one or two other items.
Can you please point me in the direction of where I can find a definitive list of requirements within a holiday let apartment that have to be provided to be fully compliant.
Can you advise as to what the full list of requirements for a holiday apartment to be fully compliant would be?.
It’s all listed in the article above this comment section. You don’t need a fire extinguisher and fire exit signs in your apartment, but your apartment block should be equipped with them. Legally they should have them, whether there are rented apartments or not.
Such a fantastic and comprehensive article Louise! I can see it was published in 2016. I confess I have not read the answers you gave to the many questions people asked. Could you tell me if since then there has been any major change to the law? thanks!
Thanks Paola, only change is inland, where they have applied the VFT to certain properties that before couldn’t apply for their licence. Most importantly, anything you buy must have a Licence of First Occupation, or similar relevant document, or you won’t be able to rent it out as a VR.
Thank you Louise!
For quick reference I posted your answer regarding the ac requirement. Were you able to find out more on this? You mentioned quite a few other possible cooling systems. What other systems would be acceptable?
Louise Brace says:
February 24, 2016 at 10:23 pm
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.
Unfortunately the only cooling systems that are recognised are air conditioning units. You can have a portable one, only in buildings where no compressor is allowed. And then you’ll need a letter from the local town hall to confirm that before you apply.
Hope that helps,
We have a villa in Javea and our solicitor is in the process of applying for the holiday rental licence. We have now been informed that the local town hall in Javea is rejecting all applications unless the road outside the property is at least 10 metres wide! As our villa is up a narrow private road we do not comply. Have you heard of this latest restriction to getting a holiday rental licence?
Sorry but I am not on top of changes to the Valencia region regulations. I recommend you get in touch with the association Aptur http://www.aptur.org/ who support owners on the Costa Blanca and will be aware of any changes to the legislation.
Are there any town hall offices that accept the declaration responsible documentation or does it have to go to the local tourist office?.
Yes you can also register in the larger town halls. Depending on where your property is located. Example: You can register in Marbella’s main town hall, but not in Las Chapas, Elviria. This is just an example.
Hope that helps,
That’s great, thank you once again Louise. Have you any idea how long the process typically takes once the forms have been submitted and can we start advertising our place whilst we wait for the VFT/MA licence number to be issued?.
Sorry Louise, please disregard the above as I see you have already covered that question earlier. I now have a CTC reference that I can use until the registration process has been completed.
Can you please confirm who’s passport details have to be registered with Guardia Civil when they stay at our property.Is it just paying guests aged over 16 or is it everyone over 16 including ourselves, family and friends etc?.
Hi Louise can you advise if portable heaters would be acceptable to get lisence to rent. I dont have any fixed heaters on my walls? Thanks Karen
Do you not have hot and cold air con in your property? Please let me know and I will be able to respond in more detail.
Do you know the rules about who has to be registered with Guardia Civil when they stay at my rental flat. Is it everyone or just paying guests?.
All paying guests over the age of 16 need to be registered.
Where can you obtain a copy of the Licencia de Ocupacion?
The best place to start is with your community administrators. If a licence exists then they should have a copy. If the property is an independent property, then you will need to check with Urbano (urban department) at the town hall. If one exists, they should have a copy. There is normally a charge to get a copy. If one doesn’t exist for your home, then contact me on firstname.lastname@example.org as we can help you get one.
I have just been told the laws have changed, do you know anything about this?
We are about to rent out our 2 bedroom bungalow in the Campo near Villaneuva del Trabucco and have been told we can only rent for 90 days per year with the standard license? We plan to rent for roughly 120 – 150 days on average.
They said otherwise we will need a hostel license and this is very complicated?
I cannot seem to find any information when searching online.
Many thanks in advance,
Previously I have been advised that apartments in towns which are inland and with less than 20,000 inhabitants are unable to get a VTAR, do you know if this is still the case?
Hi Victoria, originally towns with less than 20k inhabitants were unable to apply for a VFT. They have always been allowed to apply for a VTAR. Now, it’s possible in some towns to apply for both. Best wishes, Louise
Hi Louise, I was wondering what the legal situation is with the following: I read in your article about legal houses. What if you have a temporary dwelling – a yurt- on a land that has no legal house yet; is this something that can be officially rented out (the ayuntamiento has nog problem with it being there and being occupied once in a while)? And if so; do the same rules as above, apply?
Apologies for the delay in my response Tanja. Unfortunately there is no licence for yurts. As far as I understand the law does not allow you to run this type of business within your grounds. The only licence exists is for a campsite, on a much larger scale.
hello, i just want to be a host for bed and breakfast, so am i right that i will have to fit aircon to do this just even if im hardly going to have many people here, maybe once a month for two nights? it seems a great expense if i already live in the property and it is sufficient without aircon (i use fans). ????
If you want to offer food – as in breakfast – then you will need to apply for a completely different licence. If you apply for a standard holiday rental licence you can’t provide on-site food. It also depends on where your property is based. If you are just applying for a standard VFT tourism licence you no longer need air conditioning, but again, it depends on where your property is based and what type of licence you apply for.
Hello, looking for some advise as new to holiday rental. If I take a booking via Booking.com, Airbnb etc do I still have to give the guest a rental agreement or is the booking with the third party agent sufficient? I don’t take payment directly only via the booking site. I’m in Andalucia. Thank you for any advise.
Apologies for the delay in my response. Yes, you do need to provide a rental agreement for the guest, which lays out conditions of payment, cancellation policy, check in and check out information, and ideally for you – your house rules.