From May 2016, homeowners on the Costa del Sol who let their property to holidaymakers will need to adhere to strict new rules. We take a closer look…

Are you on the verge of buying a property in the Costa del Sol, which you’ll use yourself but also let to holidaymakers? Maybe you’re planning to move to southern Spain and open a guesthouse offering rooms to tourists?

If either of these applies to you, then note that from May this year, a new law regulating tourist accommodation and holiday lets comes into effect in the Costa del Sol. Under the new rules, passed by the regional government of Andalusia in February, owners of tourist rental accommodation that do not have the necessary paperwork or tick the right boxes could be liable for fines. Similar rules have already been implemented in other parts of Spain, including Catalonia and the Balearic and Canary Islands.

The new law applies to all kinds of dwellings in residential areas that are rented on a regular basis to tourists. But it does not affect those located in rural areas, nor complexes of three or more units that are owned or managed by the same person and located within the same building or group of buildings, both scenarios already covered under other legislation.

The rental of individual rooms that form part of a larger property to different tenants and the letting of an entire property to the same tenant both fall under the terms of the law, subject to a maximum licensed occupancy of 15 people in both cases. However, the law does not apply to properties let to the same tenant for more than two consecutive months, or when family or friends of a property’s owner(s) stay there for free.

Going forward, any property offered as tourist accommodation in the Costa del Sol and wider Andalusia, must:
•    be granted a licence;
•    have exterior ventilation (i.e. a window in every bedroom and sitting room);
•    have air-conditioning (with both cool air in the summer and hot to maintain minimum temperatures, if you intend to rent during the winter months);
•    be furnished to legal standards;
•    come with cleaning services, complaint forms, a first aid kit and tourist information; and
•    include a document that provides tenants with instructions and rules concerning its use.

An individual rental contract will be required for every tenancy, although the terms and conditions may be freely agreed to by both parties. Owners will be required, however, to make public their terms in advance. In cases where specific relevant terms, such as check in and out times, are not specified by the contract, the provisions of the new law will be applied.

“Not abiding by the new rules could mean being hit with a large fine,” said Laura Richards, Spain Buying specialist at PropertyGuides.com. “It’s happened in other parts of Spain, so don’t risk letting it spoil your experience of buying and owning in the Costa del Sol. Anyone in any doubt about where they stand or how to tackle the paperwork should consult a Spanish legal expert, such as one of our partner law firms, based in Marbella, who have helped many of our clients.”

Prior to marketing properties for rent as tourist accommodation, owners are required to provide a declaration of responsibility (declaración responsable) to the Andalusian Government, declaring they are in compliance with the requirements of the new law. This can be done by filling in a form that can be downloaded from the government’s website. Once this has been done, the government will then register the property with a unique number, which must be included on all advertising materials.

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