BRAVO will help guide you as a property owners through the maze of Spanish Laws relating to Renting your property in Spain whether it is Long Term rental or Holiday Rentals. The two main laws governing rentals are …
IMPORTANT INFORMATION FOR ALL PROPERTY OWNERS IN ANDALUCÍA SPAIN – DECREE 218
Decree 218/2005 concerns the regulation of information provided to clients in the purchase and rental of homes in Andalucía.
The aim of this regulation is to achieve greater transparency in the property market in Andalucía and to safeguard clients by providing them with full information enabling them to make better decisions thus protecting their financial interests.
The regulation is intended to guarantee a minimum quality standard in the provision of services by people or businesses involved in the sale of property and to give clients access to essential information.
The regulation introduces the requirement for those who offer a property for sale/rent to possess a Ficha Informativa and a free copy of this document must be given to anyone who requests information regarding a property. Please note that none of your personal information will be included in this document.
In order for us at BRAVO to be able to produce the Ficha Informativa, you need to provide BRAVO with copies of the following documents relating to you and your property:
- Escritura (title deed)
- Copies of Impuestos de Bienes Inmuebles or IBI payments (council rates paid once a year in June/July)
- Passports (all owners)
- NIE certificates (all owners)
- Residencia card or certificate (if applicable, we don’t need NIE certificates if you have residencia)
- Electricity bill (the utility bills are required only to prove legal connection of services to the house)
- Water bill
- Telephone bill (if applicable)
- Details of community payments (if your house is part of a community)
- Basura tax (rubbish tax) (included in the Cómpeta water bill, other areas may have separate bills)
- EPC – Energy Performance Certificate – we can help with this and it is needed when the property is marketed.
- Certificate that shows that the house is out of the urban area DAFO (only needed if the house is on rustic land) – BRAVO can of course help with this.
- New Nota Simple (extract from the Land Registry) THIS SHOULD BE RENEWED EVERY THREE MONTHS
- In order to obtain a copy of the Nota Simple BRAVO can help by going to the Land Registry on your behalf.
- BRAVO can acquire this Nota Simple for you and keep it updated every three months.
Please be assured that all of these documents will be kept in our office and will not be passed on to anyone else except for when we have a buyer/tenant and in the case of a property sale then they will be passed to the buyer’s lawyer for preparation of the private purchase contract.
PLEASE NOTE THAT WE BRAVO ARE REQUIRED BY LAW TO HAVE COPIES OF THE ABOVE DOCUMENTS TO RENT OR SELL ANY PROPERTY IN ANDALUCIA.
Decreto 28/2016, Holiday Home Rental Law
BRAVO are here to help guide you through the requirements of the new Holiday Home Rental Law and to make the experience as hassle free as possible for you the property owner.
After three years of waiting, Andalusia has announced its new regulation for the tourist accommodation in the Official Bulletin of the Andalusian Government (BOJA).
BRAVO has been following this process closely and we are here to help and guide our property owners through the requirements of the new Rental Law. This regulation of the rental property industry in Andalusia is long overdue and follows in the wake of similar regulations implemented in regions such as Catalonia in 2014. The entire Decree can be found in full, in Spanish below however here is a summary of the most important points of this decree and the conditions required to register your holiday home.
How are properties classified as Holiday rental accommodation :
Holiday rental accommodations are considered to be properties located in a residential zone that are regularly offered for touristic purposes by financial transaction. In other words, they are promoted or marketed through Holiday websites, Holiday rental agents, advertising in public and private media and any channels that include the possibility of making a reservation/booking.Excluded from this decree:
- Homes that have guests where no financial transaction has taken place.
- Dwellings contracted for more than two months continuously by the same tenant (long-term holiday rentals).
- Homes that are located in rural areas (these are governed by Article 48 of Law 13/2011 of 23 December and Decree 20/2002, dated 29 January, Tourism in Rural and Active Tourism).
- A group of properties consisting of three or more dwellings with the same owner, which are located in the same building or in neighboring urbanizations or buildings within a 1km radius (these will be classified as Touristic Apartments and will be subject to Decree 194/2010 of 20 April).
What types of properties can be rented for Holiday accommodation:
- A property in its entirety. The maximum capacity will be limited by the license of occupation, but may not exceed 15 people, with a maximum capacity of 4 people per room.
- A room only. The owner must also reside in the property. You can use an internationally recognized name (eg. Bed & breakfast, etc.). The maximum capacity will be 6 people with a maximum of 4 people per room.
BRAVO can help acquire the necessary requirements to adhere to the Holiday Home Rental Law, they are as follows:
- Having an occupational license and complying with technical conditions and quality requirements for housing.
- Having direct external ventilation or via a patio and having a window shading system (a means of darkening the windows either by blinds or curtains).
- Being sufficiently equipped and furnished for immediate use.
- Having fitted air conditioning units in all bedrooms and lounge areas that provide cooling (if rented from May to September) and heating (if rented from October to April).
- UPDATE: With regards to the air conditioning, the Regulations does expand on this point to state that properties are exempt when the property or building is classified as “of Cultural Interest” and where modifications and/or building work is prohibited.
- Having a fully stocked medical kit.
- Providing information about local amenities, i.e. shops, restaurants, nearby parking, medical services, public transport, etc.
- Having a Complaints and Claims book on site.
- Cleaning the property prior to the arrival and after the departure of new customers.
- Supplying bedding, towels and household goods in general, as well as spare sets.
- Providing a contact number to be available to answer questions or issues regarding the property.
- Supplying information and instructions for electrical appliances.
- Informing users of the property rules in relation to the use of facilities, pets or smoking restrictions.
How to register a home in the Registry of Tourism of Andalusia
- BRAVO on behalf of the homeowner can submit a Registration Form to the Ministry responsible for tourism, confirming the property is in accordance with all the requirements of the decree. Once submitted, the property can be rented out with immediate effect. The minimum content of the Registration form will include: – Property details including cadastral reference and the maximum capacity as stated by the license of occupation; – Information about the property owner, whether an individual or a company, including contact address for notifications;
- The registration number of the property assigned by the Registry of Tourism of Andalusia must be indicated in all promotional materials or advertising of the property.
- The Registry of Tourism of Andalusia must be notified of any changes in circumstances such as changing to long term rentals.
- The Decree was published on 11th February 2016. Registration opens 3 months after this date, which supposedly would make it 12th May 2016, for registering a property in the Registry of Tourism of Andalusia.
- Homeowners have one year to comply with the requirements of fixed air conditioning and heating units as required in the property.
Who is legally accountable to the Administration and the tenants?
The homeowner is considered to be legally accountable to the administration and holidaymakers
How do you organize the process of renting, pricing and handling the reservations? Through BRAVO of course.
We will be on hand to handle all the below requirements….
- All holidaymakers must receive a document, by way of contract, which specifies the homeowner, the registration number with the Registry of Tourism, the holidaymaker’s details, the start and end dates of their stay, the total price of the stay, and contact number.
- All holidaymakers must present their identification document so that the homeowner can register their data according to the norms of registry of travelers in hotels and similar and this can be organized by BRAVO.
- The arrival and departure times will be by mutual agreement between the home owner/BRAVO and the renter. Unless otherwise stated, the arrival time will be at 16:00 and departure time at 10:00.
- Upon arrival, the homeowner/BRAVO must provide keys and/or access cards to the entire compound, as well as information about the use of appliances and the rules of the community.
- The advertised price has to be by night (THERE IS NO MINIMUM OF NIGHTS) and it must include the costs of the use of water, light, cleaning and bedding.
- The terms of price, reservation and payment shall be established between the two parties, however, they must be stated in detail before the confirmation of the booking. Proof of advance payments must be provided, if applicable.
- The homeowner may request an advance payment as a deposit up to a maximum of 30% of the total price unless previously agreed.
- If the renter cancels their reservation up to 10 days beforehand, the homeowner may keep up to 50% of the deposit. If the cancellation is made with less than 10 days to spare, they may keep the entire advance payment.
- If the homeowner cancels the reservation up to 10 days beforehand, they must return the entire advance payment to the renter. If the cancellation is made less than 10 days beforehand, they must compensate the renter with 30% of the price of the contracted stay.
How BRAVO can help you register:
To register a property for holiday rentals, you must fill out a form – a declaration of responsibility (declaracion responsable) – to self-certify that the property is to be rented out for holiday rentals and adheres to the requirements of the Law. BRAVO can assist with this Registration process.
This form must be filled out either to start rental activity or to make modifications to the registration such as data relating to their classification, companies etc
The presentation of the declaration of responsibility will be sufficient to register in the RTA and entitle the property owner to rent out the property for holiday rentals without prejudice.
BRAVO can register the property for you:
BRAVO can present the registration form in person as your authorized representative, at the Department of Tourism. The form must be filled out in Spanish.
The registration process does not require a lawyer only your authorized representative from Bravo however, as with all legal matters, it is recommended that you consult with a lawyer.
The timeframe for the Junta de Andalucía to process the form and issue the Registration Number is two weeks. However, you may begin rental activity from the moment you present the form to the Junta.
All properties that are not registered or have not filed a declaration of responsibility and are being rented out for tourism purposes could be fined up to 180,000 euro. Also, any property that does not meet the requirements of this Decree may also be fined.