The tourist rental sector in Andalusia has undergone a significant change with the recent publication of Decree 31/2024 of 29 January in the Official Gazette of the Andalusian Regional Government (BOJA). This decree introduces new regulations that affect both owners and operators of tourist rentals. Below, we break down the most relevant points and the practical implications of this new regulation.
Recognition of Tourism Rental as an Economic Activity
The Supreme Court has set an important precedent by considering tourist rentals as an ‘economic or professional activity’. This interpretation, supported by two different rulings, implies that tourist rentals should be treated with the same restrictions as any other business activity.
Implications for homeowners' associations
There are a large number of owners’ associations in Andalusia that include in their statutes an express prohibition of economic and/or professional activities. This means, in many cases, that it is impossible to carry out tourist activities.
To mitigate this risk, it is essential to carry out a thorough check before acquiring a property for tourist rental purposes.
Recommended steps
- Review of the bylaws: Check if there is a prohibition to carry out economic activities in the bylaws.
- Checking the minutes of the community: Make sure that tourist rentals are not specifically prohibited by agreement of the owners’ meeting.
- Obtaining licences: Once these two circumstances have been verified, it would be possible to proceed with the application for the tourist register or tourist licence.
* For new constructions, the situation is even more uncertain, as the community statutes are drawn up after the construction has been completed, which makes it even more difficult to carry out such verifications in advance.
New Requirements for the Registration and Management of Tourism Rentals
Decree 31/2024 introduces several important changes to the process of registration and management of tourist rentals:
- Registration Holder: The person responsible for signing the responsible declaration must be the operating company, which is usually an agency and not the owner. There is a period of six months to correct this situation.
- Tourist Apartment Licence: Agencies managing more than two properties in the same complex must apply for this licence. The requirements for tourist flats are stricter, which could make compliance difficult for many agencies, as obligations such as disabled access, separate entrances, etc. are imposed.
Certificate of Ownership
An important novelty of Decree 31/2024 is the need to obtain a certificate of ownership from the Land Registry expressly stating whether the statutes have prohibited economic activities in that community. This certificate is now a mandatory requirement in the licence application process, which can slow down the procedure and add an extra layer of bureaucracy for applicants.
Conclusion
The new regulation imposed by Decree 31/2024 brings with it significant challenges for the tourist rental market in Andalusia. Owners and agencies will have to adapt to these new regulations in order to continue operating within the legal framework.