A new law modifying various provisions on tourist accommodation, tourist flats, and hotel establishments came into force in February 2024 in the Autonomous Community of Andalusia. Decree 31/2024.
The previous regulation of 2011 was brought in at a time when the majority of properties were owned by private individuals acting as hosts. Over the years there has been an exponential rise in the number of operating companies that are professionally dedicated to the exploitation of tourist properties whether the properties are owned by individuals or property investors.
For this reason, one of the main aspects of the new regulations focuses on strengthening the legal status of the companies operating tourist accommodation, with the aim of professionalising this service. In addition, there are further requirements to ensure the accommodation is suitable to guarantee a higher quality of service to users.
Although the regulation applies to the region of Andalucia it is left to the local councils to regulate the compatible or complementary use of this type of accommodation. The impact and development of this type of accommodation differs greatly from one area to another. Councils now have power to establish limitations to ensure that the economic activity can co-exist without having a detrimental effect on the local residents and properties.
Notably there is now a new definition of these properties as “Properties for Tourist Use” – Viviendas de Uso Turístico – VUT. The previous definition was Viviendas con Fines Turísticos -VFT.
Certain properties cannot obtain the VUT title. In particular, if the statutes of the Community of owners prohibits this use. Properties that are not in planned areas of development, previously known as AFO properties cannot register for the VUT without the express authorisation of the local Town Hall. At De Cotta Law we can study your Town Hall’s requirements so you can continue to rent out your property or buy a property that complies with the rules. An example of local regulation changes is in Fuengirola where new rules will not allow rental of properties if they do not have a private, rather than communal, entrance.
The obligation to establish a period of operation is established, and it will be only and exclusively during this period when the service can be provided. Likewise, if there is no activity during this period, the accommodation will be cancelled from the Andalusian Tourism Register (RTA).
The figure of the operating company, which may be an individual or a legal entity is strengthened. This operating company will be the one that appears in the RTA as the owner of the operation, and will be responsible to the Administration for the accommodation it manages.
In addition, the operating companies are granted powers to evict users when they break the rules of coexistence of the property, and they can call on the assistance of the police, Guardia Civil and other authorities if needed.
The maximum permitted capacity of a property is 15 people, with a maximum of 4 people per room. The minimum size of space per person is 14 square metres, and the total built area of the property may not be less than 25 square metres. Accommodation can also be offered by room.
The dwelling must have two bathrooms if the number of places is more than 5 and 3 if the number of places is more than 8.
The bedrooms and living rooms must have direct ventilation to the outside and a window darkening system.
Kitchens and bathrooms must also have direct ventilation or air renewal system.
The dwellings must have a cooling system when rented during the months of May to August and heating when rented during the months of December to March.
The operator must offer a 24-hour telephone assistance number to respond to any incident or emergency.
In addition, the minimum equipment that dwellings must have in terms of electrical appliances, bed dimensions and thickness of mattresses, kitchen utensils, storage furniture, cleaning materials, toiletries, bed linen, first aid kit, etc. is also specified in the regulations.
The new regulation gives properties currently registered in the RTA a period of one year to adapt to the requirements established in the new Decree.
At De Cotta Law we can advise you on complying with the new requirements in Andalucia. If you currently hold a licence for Tourist accommodation you have until February 2025 to ensure you can continue to rent your property. Please bear in mind this article only covers some aspects of the regulation and each municipality has different requirements.
For more information contact us on [email protected] or call +34 952 931781.