Legal News
TOURISTIC APARTMENTS
NEW RULES OF APPLICATION WHICH ALL LANDLORDS SHOULD BE AWARE OF.
Some new rules regarding the matter of reference have come into application, with regards to renting property for periods under two months to different persons, landlords must register with the Junta de Andalucía and comply with some requirements according to the law recently enforced.
The term to register expires 2-5-2016, this will have to be done with la Junta de Andalucía, the apartment will be provided with a registration number which will be shown on the outside entrance of the apartment “Alojamiento Turístico número ….” and also on the media when offered to the public.
It would also be advisable for all owners to apply for an EPC (energetic performance certificate) as this is a requirement for renting - for more than 4 months in total within a year -, if there is an inspection the owner can be heavily fined if this EPC is not in place, the cost for this is in between 150-300 Euros and it is valid for 10 years, it is done by an architect/technician who needs to visit the property (10 minutes). Even if the owner rented for periods under 4 months it would be convenient to have the EPC in place anyway.
The apartment in order to provide the service will have to comply with the following requirements:
- Have the habitation permit for the building in place.
- The apartment bedrooms will have ventilation to the outside or to a interior “patio”.
- Apartments will be fully furnished and equipped to attend the necessities of the customers.
- If the apartment is rented May till September (both inclusive) it will have an air conditioning system; if rented between
October/April ( both inclusive), it will be a requirement to have heating –the law states that apartments have one year
time.
to comply with these requirements , until 2-5-2017.
- First aid.
- A complete guide at disposal of customers with detail of all the facilities in the area: restaurants, shops, parkings, medical
services, pharmacies, public transport, etc.
- Complaint book at disposal of customers.
- Apartment cleaning when arrival of new customers.
- Contact telephone number to resolve any incidence for customers.
- Manual for functioning of all appliances in the apartment.
- Inform customers of the community of owners about the rules of application, admission of pets, smoking restrictions, etc.
Contract/access to apartment:
- Every customer will receive on arrival a document/contract with the following content: owner´s name, registration code
number, number of persons /guests, date of arrival/exit, total price and telephone contact number for incidences.
- The customer will have to provide a copy of his passport or identity card, this will be kept by the owner for at least one
year , the owner will keep a book of customer arrivals writing down the arrival date and name of the customer.
- If the arrival time has not been agreed beforehand, this will be 4pm , and the exit time 12am.
- At arrival of the customer keys will be handed over along with guide for services and manual for appliances.
Price and reservation:
- Price for the service will include the use of all supplies, cleaning, bed linen, crockery, etc.
- The owner will hand over a receipt for the payments made or reservation fee.
- Cancellation policy, procedure and penalties will be agreed by the parties, if no agreement: reservation fee will be
maximum 30% the total rental fee; if the customer cancels within 10 days before arrival he will lose the reservation fee, if
cancellation takes place earlier than 10 days before arrival customer will be entitled to refund of 50% the reservation fee;
when it is the landlord who decides to cancel within 10 days before arrival he will have to refund the reservation fee; if
the cancellation takes place earlier than 10 days before arrival customer, the landlord will have to refund the reservation
fee to the customer paying him also a compensation of 30% the total costs of service.
Registration as touristic apartment with la Junta:
- Before offering the property for rental purposes, this will have to be registered with la Junta.
- Registration will be complied with by submitting some forms with the following information:
a) Property identification including catastral reference, maximum number of guests according to the habitation permit.
b) Personal data of the owner and address to receive communications.
c)Identification of the person who runs the rentals in case it is not the owner, and the authorization to do so given by the owner (Power of Attorney in principle).
- Any change in this data will have to be communicated to La Junta.
- Touristic apartments will be registered in the Andalucía Tourism Register.
- Once registered, when offering the property for rentals this will have to show which is its registered number.
Fines /Penalties.-
- For not registering in the Register before advertising/offering the apartment for rent, fines start at 2.000 up to 18.000.
- For not complying with the requirements when an inspection takes place, fines start at 2.000 up to 18.000.
- Only in certain cases like: illegal rentals which cause great damage to the touristic image of Andalucia, not allowing
access to this apartments being the reason of discrimination due to religion, race, sex, etc., making false statements when
registering or producing false documentation; fines could be up to 150.000 Euros.
The web link where owners can find the forms to register is the following:
http://www.juntadeandalucia.es/turismoydeporte/opencms/areas/oficina-virtual/buscador/?ov-area=1&ov-familia=8&ov-aplicacion=15&ov-texto=&offset=0&max=&total=
Contact
RGL ABOGADOS – LAWYERS
Calle Sierra Blanca, 2 , 4ºC
29602 Marbella
Málaga (España)
T + 34 952824522 · F + 34 952902463
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