Do you own a property in Spain? Are you renting your home to tourists for short term period? The 2016 Holiday Property Rental Law in Andalucia has been into force for more than a year now. The law which came into effect from 12th May 2016 requires the landlords of holiday rental accommodation to register their properties with the Tourism Registry of Andalucia. There has been widespread confusion amongst home owners about renting properties. To be clear, the home owners in Spain are free to rent out their houses or apartments to whomever they wish. In fact, it is one of the fundamental rights of property ownership to rent it to anyone and make an earning from the asset.
Why Spanish Government brought this rule?
Over the recent years, there has been increase in the regulation of the rules regarding renting out properties added to great extent by the powerful Hotel lobby. Platforms like AirBNB, Couch surfing and such websites have had great success in catering to increasing tourist footfalls. Also this gives the Spanish Tax agency the window to regulate the income earned from Holiday Rentals.
Are all properties considered tourist rental accommodation?
Any property in residential area which is regularly rented out to tourists in order to earn money is considered as tourist rental accommodation. Any accommodation where there is no financial transaction happening between the host and the guests is not considered a tourist rental accommodation. Properties which are rented for more than 2 months to same tenant, or properties in rural land are not considered rental accommodation.
How can you rent your properties?
Irrespective of the type of rent, the maximum capacity is limited to property owner’s occupation license. No more than 4 guests can be allowed per bedroom. The whole property can be rented to maximum of 15 people. If the Landlord is also living in the property, maximum of 6 guests can be allowed at a time in the property.
- The property must have the first occupation license which is issued by the town hall.
- The property must be equipped with a first aid kit and other useful information for tourists.
- The rooms should have proper ventilation and have proper heating/cooling systems.
- The accommodations must be cleaned before and after each stay.
- The Guests must be provided with the contact number through which any inquiries or incidents regarding property can be attended immediately.
- The other rules and regulations should be clearly conveyed to the guests.
The holiday Rental Agreement which is sent to incoming guests should contain landlord’s name and contact number, Property’s registration number, number of incoming guests and their details, the arrival and departure dates, and the agreed price for the stay.
The Home owner or Landlord is expected to keep the copy of this signed holiday rental agreement for 1 year in case of inspection by authorities.
Pricing and Payment Terms
The given price must be per night and inclusive of all costs. Before confirming on the booking, both the parties should be on same page when it comes to price, booking, and cancellation terms. The landlord or Home owner can request for the deposit upto 30% of total price of the stay from the guests. The guests must be provided with invoices for each payment made.
In case of cancellation of booking by guest upto 10 days of check-in date, the landlord is entitled to keep 50% of the deposit. If the cancellation by guest is done in less than 10 days of check-in date, the landlord can keep 100% of deposit.
If Landlord is making the cancellation upto 10 days of check-in date, the deposit needs to be refunded in full but if the landlord cancels within the 10 days period of check-in date, the deposit will be refunded in full along with 30% of total price of stay as compensation.
Arrival and Departure
The arrival and departure time can be mutually agreed by the Landlord and Guests but the default arrival time is set to 16:00 and departure at 12:00.
Upon Guests arrival, the landlord needs to maintain the registry book of the names and other relevant details of all the guests. The security laws requires the landlord to keep these records for 3 years from date of arrival in case of inspection. Every guest over 16 years of age is required to submit their proof of Identity and fill up individual registration form upon arrival. The Landlord is needed to submit this information to Policia in person, via fax, email or online within 24 hours. Plusguests allows you to not only capture your guest data easily but also helps you create the datafile which can simply updated to the policia portal in no time. Plusguests provides a unique PDF of each guest as per law which can directly be printed and stored in hard copy.
Regulations as per law
The owner or property manager is required to fill out the form “Parte de Hospederias” for all guests above 16 years of age. They need to send these details to National police or Guardia Civil depending on the municipality where the property is located and this should be done within 24 hours of arrival.
There are various ways to register guest details to police. Most home owners and property managers are manually updating each guest detail to policia portal. Plusguests help you create a datafile for all the guests who checked in on a particular day and upload it directly to policia portal.
Feel free to contact us in case you need help in understanding how Plusguests can make it easier for you.