How to present guest information with the police in Andalucia
After months of uncertainty with little information about how to present guest information for your registered holiday home in Andalucía, there is now clearer information on how to proceed.
Guest documentation must be sent to the Comisaría Local de la Policía Nacional within 24 hours of their arrival. Before you start to present guest data, you will need to visit the local station to inform them of the channel you intend to use to present the information.
It depends on where your holiday home is located, as to what channel the police will accept your documentation. We have been told that in some towns in Andalucía, aside from presenting in person, you can also fax or email the information. However, we checked with the Comisaría local in Marbella and they tell us they only accept documentation in person or via their online system.
You must be registered in the system to present online. The representative we spoke to said that you can register your details online and name a representative i.e. your agent or manager, who will then be able to present the documentation in your name.
If there is no Comisaría local in your town or village, check if you can present with the Guardía Civil.
The official form must be completed and signed by all guests aged 16+. If you are not on hand to take this information on guest arrival, I recommend that you ask for the details in advance.
You will need to include the following guest information:
- Foreign guests can supply: Passport, EU identification document or residencia (foreign residents in Spain)
- Spanish guests can supply: DNI number or drivers licence
- Date of issue of ID document
- Full name
- Date and place of birth
- Sex – male/female
- Your holiday home details – address and registration number
- Date of arrival
You can read further information on the presentation of guest documentation in Andalucía here.
To use the online Guest ID system, you’ll need to register your details. Everything is in Castellano and please note that you will be advised by your web browser that the website is unsafe. You can continue to the site without a problem. All Spanish government sites give this message to visitors.
You must keep all guest information and documents for a period of three years. They should be kept in date order.
Again, we recommend you visit your local station to confirm the procedure, as it will differ from town to town.
Never had all this paperwork when Franco was in charge!
I understand the law in Spain is that a photo copy of a persons passport cannot be taken . How far in advance can details of the guests be taken?
What happens once you have the details and passed them on to the police, if some or one cannot stay?
The Spanish government websites using Firefox gives me an error say the website is unsafe. Why is that?
Dear Sir
Many thanks for the article. I have received my licence – a VTAR as we are more than 1.5km from the sea and in a population area of less than 20,000.
However the licences last clause is that I can not rent out the property for more than 3 months in one year.
1. I rent out this property pretty continuously from July to December and then have a regular guest who rents the property from February to mid June. Please advise on what additional licences I may need to continue doing this.
2. If the rental period is for two weeks or three weeks I charge a fee to change the bedlinen and towels at the end of each week. Am I liable to charge and pay on VAT?
3. For long term guests they pay on the basis of total self-sufficiency [everything provided] and pay for the units of gas and electricity consumed during their stay. Is this OK?
4. I rent out 10 other properties for different people. If they do not get a licence am liable to be fined?
I look forward to hearing from you.
With very many thanks.
Regards
Ian
Dear Ian
Apologies for my delayed response, I have been away on summer holidays.
1. If you are renting out the property long-term during periods of the year, you would normally do this under the original LAU (Urban Tenancy Act). I don’t know the ruling on renting out short and long term during the year. I recommend you check this with a lawyer, or check directly with the regional tourism department.
2. The new decrees states that changeover/cleaning is included in the price. If you charge a fee to do mid-stay cleans then you would need to charge IVA, or probably the best way is to incorporate into the main price in the contract, not as an extra.
3. I believe that you are correct in charging them on a self-sufficient basis, with gas/electricity and water on top. I am not an expert, but I do work with some clients who are just moving over to start their life in Spain and their rental contracts are always with utilities on top. It must be stated in the contract.
4. As I understand you shouldn’t be fined, but they will be. I would advise you NOT to be advertising properties on the typical holiday portals i.e. Airbnb, HomeAway. If they are found, they will be fined. If you are just renting them word-of-mouth, or with a Se Alquila sign in the window, they don’t need to be registered. But as soon as they advertise as tourist accommodation, they must be registered.
You can tell them the process is easy! If they want to register, you can always recommend our service 🙂 http://rentaltonic.com/rental-marketing/registration-service-andalucia-holiday-rental/
Hope that helps a little
Louise
Hi,
Does this apply for long term tenants?
Dear Louise, No this is only for short-term rentals of less than two months. Best wishes, Louise
Does anyone know how to deregister with the Junta de Andalucia? We have had so many problems, it has got so complicated, and our net profit is hardly worth having now! We have to honour 4 existing rentals this year, the last one being in September, but we are not taking any more bookings.
I can ask the question for you Kath.
The system is so confusing. I have registered with the Guardia and I return details of my guests online – easy, job done!
But from my reading on the above article, I must do the job twice, online and then in paper format in person? I have to collect all the information before the guests arrive, do up the paper forms as in the example and get each guest to sign the document relating to their personal details? Then I have to take a trip to the Guardia Civil office nearest the property and deliver the signed documents?
This would mean that I am delivering the same details twice – once online and then by hand. Seems crazy or am I wrong.
Dear Connie,
You can register your clients in person at the Comisario de Policia, or via the online platform. You don’t have to do both. I would be interested to hear about your experience with the online registration, as many owners have asked me. Do you have an electronic signature? If you have time please write to me at: info@rentaltonic.com and tell me how you are getting on. If it’s easy as you mention, I can put some owners’ minds at rest. Thank you!
Thank you for your useful information
Please advise when i fill the form of Turistic Licence online, do i have to scan and send the required documents. i.e. escritura, IBI….etc. with the form. I mean the form with all these details filled in will be sent alone or with all papers required.
Dear Salwa,
Do you have an electronic signature? In which case the procedures is done virtually, and yes, you should be able to attach the required documents. If you don’t have an electronic signature, you will need to fill out the form online, download it, sign and print off and present in one of the designated tourism departments.
Regards, Louise
“Dear Sir
Many thanks for the article. I have received my licence – a VTAR as we are more than 1.5km from the sea and in a population area of less than 20,000.
However the licences last clause is that I can not rent out the property for more than 3 months in one year”
Makes these rules it imposible to invest at an beach apartment to rent out from bookings on a Daily basis?
Best Regards
Seger v
Hi Seger
Apologies, but I’m not sure if I understand the question. You can write to me at info@rentaltonic.com if you want to receive specific feedback.
Many thanks, Louise
Hi,
I am staying in Capobino in August in a holiday rental apartment. I have provided the landlord/apartment owner with our name, address, date of birth, flight times and all passport details for everyone who I am travelling with. She has contacted me again and said that new regulations say all persons over age 16 must provide a SCANNED copy of your passport in order to complete registration.
Can anyone clarify if this is correct? I am not entirely comfortable doing this as I have never even met the landlord yet !
Please help!
Jibbazz…. 🙂
Dear Jibbazz
If a property is registered with the Andalusian government and are running a fully legal business, then yes you will need to provide a scanned copy of the passport of every guest over 16, so that the owner/manager can submit the details to the police.
It’s a standard requirement now.
Enjoy your holiday!
Louise
thank
Hi I have a flat in the historic centre of Malaga city. I may rent out in future but can you clarify if my property would be exempt from the requirement to have fixed air conditioning. The building is over 250years old and cant put any units on facade. I therefore cant have fixed air conditioning. I have read that I maybe allowed a lisence and be allowed to use standing air conditioning units? Can you advise? Are some buildings exempt and would mine be? Thanks Karen
Dear Karen
You will need a letter from the ayuntamiento (town hall) stating that air conditioning fixed units are not allowed to be installed on the facade of your building and then a free standing unit should be accepted by the Junta de Andalucia inspection team.
Best wishes
Louise
Hi Louise thanks very much for your reply. Can I apply for registration and lisence myself or do I need an architect or other professional to do this or?
Hi Louise…thanks for confirming flat that I should get lisence to rent my old flat. I have been told by others non official routes that I maybe only able to rent my flat out at certain times of year though because I wouldnt have fixed air conditioning for example summer months. Also that I need to get fixed radiators on walls to heat flat with a specific amount of wattage. Can you please advise or link me to any specific guidance for these requirements. Many thanks Karen
Hi Louise given that I wont have fixed air conditiining in my historic flat in Malaga City does this mean I will have restrictions on when I can rent my flat out for ex not being able to rent im summer months and only at certain times of years. I have been told I need fixed radiators on walls to. Can you advise? Many thanks
Hi Karen
If you can’t install fixed air conditioning you won’t be able to register the property, unless you can get a document from the town hall which certifies that your building is exempt of air conditioning. In which case you can buy another form of cooling system and apply for the licence. Best, Louise
Is anybody else having trouble getting in to the Gaurdia Civil web site for registering guests. I have been doing it all year without any problem, but now for some reason, the web site is not accessible. What do I do in these situations as registering online is what I have chosen as my preferred means and I am not in Spain and unable to go in person to the local police.
Hello,
do you know how can I register online as the link takes me straight to the login page?
Hi Salvio, you have to first register in person at your local comisario de policia. And once you have done that you can then register online to present guest data virtually. We do offer a service to get you registered with the police. If you want to write to me at louise@rentaltonic.com I can give you more info.
Hi. I sent an email to you about 3 weeks ago asking if you could register us with our Civil guard at Nerja, so that we can upload tourist info onto their website? I did not receive a reply?
Hi Wayne I have your email. I am checking with my colleague who organises police registrations, if he can present in Nerja. I will come back to you within the next day or two. Thanks for chasing! Louise
Ah! Thank you. Much appreciated.
Hi. Any news about registering?
THE LINK JUST LETS YOU LOG IN NOT REGISTER
HOW DO YOU REGISTER
You have to take all of your documentation i.e. VFT licence details to the local comisario and register the property with them first.
What age do I have register guests from?
I thought it was 16+, but someone pointed me at the FAQs page on Hoespederias
https://hospederias.guardiacivil.es/_pdfs/hospederias_faqs.pdf?fbclid=IwAR3c1Y4DIfDHHQv3Lq5VmF8ZS1Zpj5EfZc0_NMPx7yfHZnQ8_Fhy74lA9F0
¿A partir de qué edad es obligatorio firmar los partesde entrada de viajeros?
Cada persona mayorde 14añosdebe firmar,físicamente o mediante dispositivo electrónico, el parte de viajero.
Aunque la Orden INT/1922/2003 fija la edad en 16 años para firmar los partes de entrada de viajeros, el Decreto 196/1976 rebaja dicha edada 14 años quedando vigentela misma.Nota legal:No afecta la derogación del citado Decreto por el Real Decreto 1553/2005, ya que el artículo 2.2 del Código Civil dice que “por la simple derogación de una ley no recobran vigencia lasque ésta hubiera derogado”¿
You are correct that all guests over the age of 16 must be registered Bev.
When registering your guests with the Police via the on-line system do you have to up load the registrationn forms and copies of ID documents?
Hi Martin
No you just need to fill out the details within the system.
Louise