This page is only designed to give you an overview of the local requirements, but it is your duty to know and comply with the local laws. misterb&b is not a legal adviser : you should read carefully the relevant laws and contact a local adviser or the local authorities for further understanding.
The Andalusian Parliament has passed the decree 28/2016 on February 2, 2016 to regulate the tourist holiday rentals (viviendas con fines turísticos). Other relevant laws for touristic accommodations are the law 12/2011 and the decree 194/2010.
Definition of tourist holiday rentals (viviendas con fines turisticos)
The article 3 of the decree defines the “viviendas con fines turisticos” as accommodations, of residential use, repeatedly rented out for touristic purposes through a medium that implies a reservation system (like misterb&b).
However the decree does not apply for :
- “Viviendas” let for more than 2 consecutive months to the same person. In that case applies the Spain’s Tenancy Act.
- Landlord or property management companies that own or rent out 3 properties or more located in the same building or group of buildings. In that case applies the Decree 194/2010 (apartamentos Turísticos).
Types of tourist holiday rentals (viviendas con fines turisticos)
According to article 5 of the Decree 28/2016, accommodations can be rented out as a whole (maximum of 15 Guests at once). Hosts can also rent out bedrooms in their residence : but they must be present during the Guests stay (maximum of 6 Guests at once).
Occupancy standards and minimum requirements
The article 6 of the Decree 28/2016 is setting requirements that must be met by “viviendas con fines turísticos”, including without limitation : having air conditioning in every bedroom during the summer season, heater during the winter season, first aid kit, brochures displaying informations about medical facilities, amenities, local restaurants, etc. We highly encourage our Hosts to read this article.
A complaint book must be displayed in the accommodation, with a contact phone number incase of any emergency or complaint.
Holiday Rental Agreement
According to article 7 of the Decree 28/2016, every Guest should be given a holiday rental agreement at the check-in. It details the phone number for complaints, the Registro de Turismo registration number, the check-in and check-out dates, the number of Guests and the rent price. A copy of this agreement should be kept by the Host for one year at least.
All Guests are required to fill in a registration form (parte de entrada) provided by the Host, at the check-in. A copy of each filled-in registration form must be communicated to the Police for every Guest over 16 years old (it can be done online). The originals must be kept by the Hosts for 3 years. To understand better your duty, see Orden INT/1922/2003 “sobre libros-registro y partes de entrada de viajeros en establecimientos de hostelería y otros análogos”.
Registro de Turismo de Andalucía
Every touristic accommodation must be registered in the Registro de Turismo de Andalucía. The registration can be done online, or in person by submitting the Declaración Responsable para el acceso o ejercicio de la actividad to the relevant Delegaciones Territoriales of the Consejería de Turismo y Deporte.
Once the registration completed, a registration number will be issued. Article 9 of the Decree imposes to enter this number on your misterb&b listing : to do so, when connected on your misterb&b account, go to “edit my listing” > “address”.
For more information, see this page about viviendas con fines turísticos on the official website of the Junta de Andalucía.