The landscape of tourist rentals in Andalusia has undergone significant changes in 2024, affecting property owners and investors on the Costa del Sol and throughout the region. These new regulations, introduced under Decree 31/2024, aim to balance tourism growth with residents' quality of life, address issues of unfair competition, and regulate the booming short-term rental market.
Mandatory Tourist Rental License
Since May 12, 2016, Andalusia has required property owners renting to tourists to register their properties as "Vivienda Turística" (now called VUT - Viviendas de Uso Turístico). This requirement applies to properties on residential land rented regularly for periods under two months, including whole properties or individual rooms.
Consequences of Non-Compliance
Operating without a valid license can result in severe penalties:
- Minor infringements: Up to €2,000
- Serious infringements: €2,001 to €18,000
- Very serious infringements: €18,001 to €150,000
Additional penalties may include temporary suspension of services or closure of the establishment for periods ranging from six months to three years.
License Application Process
To obtain a tourist license:
- Register online at the Registro de Turismo de Andalucía website
- Submit required documentation (property ownership proof, safety certificates)
- Await potential property inspection
- Receive license number for use in all property listings
There are no fees payable to local authorities for the license application, but professional assistance may incur charges.
Key Changes Under Decree 31/2024
First Occupation License
The requirement for a First Occupation License (F.O.L.) has been removed. However, properties must still comply with urban planning regulations. Owners should consider obtaining an architect's certificate to ensure compliance.
Community Restrictions
A landmark ruling from Spain's Supreme Court now classifies tourist rentals as an "economic activity." This allows residential communities to vote on restricting or banning short-term rentals within their buildings.
Municipal Authority
Local municipalities now have more control over regulating tourist rentals. They can limit the number of licenses issued or impose specific conditions. For example, Malaga and Fuengirola have prohibited VUTs unless they have independent street access.
Occupancy and Safety Standards
New standards include:
- Minimum floor area: 14 square meters per guest
- Bathroom requirements: Two bathrooms for more than five guests, three for over eight
- Mandatory air conditioning and heating
- 24-hour telephone assistance
- First aid kit
- Smoke detectors or fire extinguisher in kitchen area
Specific room size requirements:
- Standard apartments: 28m2 minimum
- Single bedroom: 7m2 minimum
- Double bedroom: 10m2 minimum
- Triple bedroom: 16m2 minimum
- Quadruple bedroom: 22m2 minimum
- Studio: 20m2 minimum
- Bathroom: 3m2 minimum
- Living-dining room: 10m2 minimum
- Kitchen: 5m2 minimum
Impact on Different Property Types
Urban Developments and Communities
Most restrictions apply to properties in urban developments and "comunidades" (complexes or communities). The new community restrictions particularly affect these properties.
Rural Properties
Obtaining a tourist license for inland rural properties on the Costa del Sol is significantly easier. However, owners should still be aware of potential local regulations in towns like Coín, Monda, and Ronda, where demand for rural holiday lets has increased.
Tax and Income Declaration
Property owners must declare all rental income and are subject to IRPF (Income Tax). Fines for non-compliance range from €1,500 to €5,000. It's crucial to work with a tax advisor to ensure compliance and maximize allowable deductions.
Guest Record-Keeping and Booking Policies
Owners must maintain receipts and proof of payments for each guest occupation for one year. Prices should be advertised per night, including utilities and cleaning costs. Written booking confirmation, including total price and extra charges, is mandatory.
Reduction in Number of Licenses
The Junta de Andalucía has decided to reduce the number of tourist licenses. This measure aims to regulate the market, ensuring a balanced distribution of tourism resources and addressing concerns about overtourism in popular areas.
Quality Over Quantity
With a cap on licenses, property owners may need to invest more in meeting the required standards. This shift could lead to higher quality accommodations and a more controlled growth in the holiday rental sector, potentially benefiting both tourists and local communities.
Implications for Different Regions
Coastal Areas
Popular coastal destinations like Marbella, Torremolinos, and Benalmádena may see stricter enforcement of regulations due to high tourist concentrations. Property owners in these areas should be particularly vigilant about compliance.
Inland Rural Areas
Towns like Coín, Mijas Pueblo, and Álora, which are gaining popularity for authentic Andalusian experiences, may have more flexibility in licensing. However, owners should stay informed about local municipal regulations that may be introduced to manage tourism growth.
Looking Ahead
These regulatory changes significantly impact the tourist rental landscape in Andalusia. Property owners and investors must carefully navigate these new requirements to ensure compliance and avoid potential penalties. While the process may seem complex, it ultimately aims to create a more sustainable and regulated tourism industry in the region.
The evolving nature of these regulations means that property owners should stay informed about any future changes or interpretations of the law. Consulting with local legal experts or property management companies specializing in tourist rentals can be invaluable in navigating this complex landscape.
