Dwellings for tourist use are considered as a tourist accommodation service, in accordance with the provisions of L Andalucía 13/2011.
In addition to its regulation, the formalisation of the contract and access to housing, and the procedure for starting the activity are discussed.
Tourist rent
These are those homes equipped in conditions of immediate use, located in properties where the accommodation service is going to be offered for a price in the area of the Autonomous Community of Andalusia, on a regular basis and for tourist purposes.
The tourist service must be provided throughout the year or during specific periods within the same year, and must be stated in the responsible declaration. It can only be marketed in the indicated periods, and marketing outside these periods is considered clandestine activity.
It is presumed that there is habituality and tourist purpose when the dwelling is marketed or promoted in tourist supply channels.
Travel agencies, companies that mediate or organise tourist services and channels that include the possibility of booking accommodation are considered to be channels of tourist supply.
The provision of the service involves the effective supply of housing in tourist supply channels during the declared periods.
Classification
Tourist homes are classified into two groups:
a) Complete
When it is transferred in its entirety, but may not exceed 15 places. In this category, two convertible spaces are allowed in the living room of the dwellings in the complete group, which will count towards the maximum capacity of the dwelling.
b) By rooms
When it is not transferred in its entirety, and the natural person who owns the farm or the natural person who owns or uses the property must reside in it.
In these cases, the person who resides must be registered in the home. It cannot exceed 6 places, or exceed, in both types of beds, 4 places per room, of which two must be in beds that are not bunk beds.
Requirements
Homes for tourist use must comply with the following substantive and habitability requirements:
1.- Comply with municipal urban planning
The registration of the property in the Andalusian Tourism Registry must be communicated immediately by the Tourism Administration to the corresponding town halls.
2.- Have a minimum built dimension of 14 m² per space, in accordance with the constructed area for main use that appears in the Cadastre Electronic Office.
In any case, the minimum built area for main use will be 25 m² or, failing that, that determined by urban planning.
3.- Have two bathrooms if the number of places is more than five, and three bathrooms, if the number of places is more than eight.
4.- Bedrooms and living rooms shall have direct ventilation to the outside or to ventilated courtyards and some system of darkening the windows.
This requirement will not be enforceable when the local or regional administration, for reasons of competence, exempts it from compliance for reasons of architectural protection.
Kitchens and bathrooms will have direct or forced ventilation for air renewal.
5.- Have centralised or non-centralised cooling by fixed or portable elements in the rooms and lounges, when the operating period includes the months of May, June, July and August.
6.- Have centralised or non-centralised heating by fixed or portable elements in the rooms and living rooms, if the operating period includes the months of December, January, February and March, without incandescent elements or flammable liquid or gas combustion elements being admissible under any circumstances.
7.- The others provided for in the annex to the regulations in force.
Obligations of the owners
The following are listed:
a) Provide users with a telephone number 24 hours a day to immediately attend to and resolve any query or incident related to the home.
b) Cleaning the dwelling upon the entry and exit of new users.
c) To have official complaint and claim forms from the Junta de Andalucía available to users.
d) Inform users of the rules of coexistence of the community of owners and use of facilities. An evacuation plan must be placed on the door of the house, if it exists for the community of neighbors of the property.
e) Provide proof of payment of the services and the advances made.
f) Inform users if they are a member of the Consumer Arbitration System.
Procedure for starting the activity
In order for a person or entity to exploit this service, the following procedure must be followed:
- Submit a responsible declaration electronically to the competent tourism body, being able to advertise from this moment on as a home for tourist use.
Without prejudice to what may be required under Community law, the declaration of responsibility must contain, at least, the following information:
a) Data corresponding to the identification of the dwelling, including its cadastral reference, and its maximum accommodation capacity.
Only one dwelling is admitted for each cadastral reference, except in cases where, in accordance with current regulations, the existence of two or more dwellings with the same cadastral reference can be accredited.
b) Identification of the person or entity operating the service and the title that authorises it, including telephone number and email address for the purposes of notifications of the availability of electronic notifications.
c) Identification of the owner or holder of the property, if different from the person or entity operating it.
d) Statement that the dwelling is not subject to any public protection regime or that it is disqualified.
e) Statement that the dwelling is compatible for use as a dwelling for tourist use in accordance with the applicable urban planning or ordinance.
f) Express authorisation for the transfer and exchange of data by the Public Administrations, for the purposes of the necessary exercise of their respective powers, including the security forces and bodies and the tax authorities.
g) Statement that the property is not prohibited from the activity of housing for tourist use, in accordance with the constitutive title or statutes of the community of owners.