DISCLAIMER. This page is designed solely to assist you in understanding the regulations to which you should comply. We do not affirm that the information provided here to be exhaustive nor current. It is your duty to know and abide by the law.
The regulation and promotion of tourism in Andalusia is provided by Law n° 13/2011. The regulation was further developed by Decree n° 28/2016 in order to provide clarity on the legal limits of tourist lodgings (viviendas con fines turísticos).
For more information, see this page on viviendas con fines turísticos on the Junta de Andalucía website.
What is a vivienda de uso turístico ?
Please note the term “vivienda de uso turístico” is often abbreviated as VFT.
- Article 3 of Decree n° 28/2016 defines VFT as “dwellings located in buildings situated on residential land, where the accommodation service within the Autonomous Community of Andalusia is to be offered at a price, on a regular basis and for tourist purposes”;
- Under the decree, offering your accommodation service through an online intermediary (such as misterb&b) serves as evidence that your accommodation is being rented on a regular basis;
If your accommodation qualifies as a vivienda de uso turístico, you must respect the applicable requirements provided by Decree n° 28/2016.
Note that your accommodation is not considered a vivienda de uso turístico when it is rented more than 2 consecutive months to the same person. In that case, the Spain's Tenancy Act (Ley de Arrendamientos Urbanos) applies in lieu.
Also note that, if you are a landlord or property management company, and you own or rent out three or more properties located in the same building, or group of buildings, the accommodation you rent qualifies as “apartamentos Turísticos”. In that case applies the Decree 194/2010.
Hosting conditions for viviendas de uso turístico
Please note you, as a Host, must obtain and maintain a certificate of habitability (licencia de ocupación).
- You are free to rent your entire property in your absence, or only rooms in your presence (vivienda con fines turísticos por habitaciones);
- You cannot accommodate more people than the number indicated on your certificate of habitability (licencia de ocupación);
- In all cases, you cannot accommodate more than 15 Guests (full rental) or 6 Guests (room rental), and no more than 4 Guests per rooms.
Before starting your Hosting activity, you must register with the Registro de Turismo de Andalucia.
- You complete registration upon submission of the form “Declaración responsable para inicio o ejercicio de la actividad” to the Consejería de Turismo y Deporte;
- In the case you have a certificado digital (official electronic signature, see here how to obtain): you can submit the Declaración responsable online;
- You can also submit Declaración responsable to the nearest Delegación Territorial de Cultura, Turismo y Deporte of the province in which the accommodation is located. You can download the form here or fill it out online here before printing;
- See here official guide helping you to fill out the Declaración responsable.
After completion of your registration to the Registro de Turismo, you will be given a registration number (under this format: VFT/XX/00000).
Please include this number to your misterb&b listing. We might deactivate, at any time, any listing without registration number.
Other hosting requirements
Article 6 of decree n° 28/2016 of February 2nd lists requirements you, as a Host, must respect by providing your hosting services. Among others:
- You must ensure cleaning is performed before the check-in of your Guests;
- Your accommodation must be sufficiently furnished and equipped for occupancy, including: first aid kit, clean bedding, linen and a spare kit. Also, it must be ventilated/air-conditioned in May-September and heated in October-April (unless the classification of the building as a cultural property prevents any type of work);
- Your Guests must be provided with instructions on the correct use of your household appliances;
- You must also provide them with tourist information (print or digital format), such as: leisure areas, restaurants, shops and food shops, parking near the house, medical centres in the region, urban transportation;
- You must provide a telephone number to resolve any issues related to the stay of the Guest or instances of emergency. Please also display specific paper sheets in the accommodation, designed for your Guest to leave complaints.
Tourist rental contract
- You, as Host, must make every Guest sign a tourist rental agreement during check-in;
- The Guest must receive a copy, and should keep one as a record for up to 1 year after the stay (for any official inspection);
- Article 7 of the Decree 28/2016 details the elements to include in the agreement. You can download a sample agreement here.
Since you furnish accommodations to Guests, you must follow the security requirements of Orden INT/1922/2003. More information on this official page.
- You must maintain a data register (libro-registro) on all the Guests you accommodate, for 3 years after their departure;
- You must update your register. Your Guests must fill-in and sign a parte de entrada de viajeros (you can use this template) upon check-in;
- Within 24 hours after check-in, you must share the Guests’ information to the Police or the Guardia Civil. See this page on the Ministerio del Interior website detailing how to process (including online transmission).