The holiday rental market in Andalucía has undergone significant changes with the introduction of Decree 31/2024, which officially came into force on August 22, 2024. This update brings new rules that all property owners involved in short-term rentals must follow, especially those who own rural properties or plan to buy or sell a property with a tourist license. Let’s break down what this means for you.
Key Changes in the Regulations
The crackdown on illegal holiday rentals has prompted stricter regulations across Andalucía. The decree addresses various aspects of holiday letting, introducing detailed requirements that property owners must meet. Here are some of the most important highlights:
- Rural Properties with AFOs: Properties with an AFO (Asimilado Fuera de Ordenación), particularly those without all necessary building permits, may no longer qualify for a new tourist license. This affects rural properties where the legalization process wasn’t fully completed.
- Specific Property Standards: The decree introduces new standards based on property size and occupancy:
- Properties with five beds must have at least two fully functioning bathrooms.
- Properties with eight beds need three bathrooms.
- Additional requirements include designated parking spaces for guests, which could be problematic for older properties lacking such facilities.
- 24/7 Contact Requirement: Property owners must provide a 24/7 contact number for guests, ensuring they can reach someone in case of emergencies. This change highlights the importance of being readily available and responsive to guest needs.
- Heating and Cooling Standards: Properties must offer both hot and cold air conditioning. Gas burners or other traditional heating options are no longer considered sufficient, which may require upgrades in older homes.
- Ventilation Requirements: All rooms must have adequate ventilation, either through windows that open to the exterior or onto a patio. Interior rooms without direct outdoor access may no longer meet the standards for holiday rentals.
Implications for Property Sales
One of the most impactful changes relates to the transferability of holiday licenses. Previously, a property’s existing holiday rental license could be transferred to a new owner when the property was sold. Under the new decree, this may no longer be possible. New owners must reapply for a license and comply with the latest regulations, which could be more stringent than when the original license was granted. This change could significantly affect both buyers and sellers in the market, particularly in popular tourist areas.
Compliance and Enforcement
For those currently operating without a proper tourist license, this is a wake-up call. Enforcement is tightening, and a dedicated team has been established to identify illegal rentals. Any property advertised for short-term letting must include its tourist license number, or it risks hefty fines and penalties. This applies across all advertising platforms, including social media sites like Facebook. The days of flying under the radar are numbered, and non-compliance will likely result in legal consequences.
What Should You Do Next?
If you own or are considering purchasing a property with the intent to use it as a holiday rental, it’s essential to understand how these regulations affect you. The new standards are comprehensive, and it’s important to ensure your property complies fully to avoid issues down the road.
Here’s what we recommend:
- Review Your Current License: If you already have a tourist license, check whether your property meets the updated standards. Even minor non-compliance could lead to fines or revocation of the license.
- Get Legal Advice: Given the complexity of the new regulations, consulting with a property lawyer is a smart move. They can help you navigate the specifics of the decree and advise on whether your property meets the criteria for a tourist license.
- Plan for Necessary Upgrades: If your property doesn’t meet the heating, cooling, or ventilation requirements, now is the time to plan for necessary improvements. While this may involve some upfront costs, it’s crucial to remain compliant and protect your investment.
- Be Cautious When Buying: If you’re looking to purchase a property with an existing holiday license, be aware that the license may not transfer. Ensure you understand the new criteria and assess whether the property is likely to qualify under the current rules.
Final Thoughts
The new regulations mark a significant shift in how holiday rentals are managed in Andalucía. While they aim to improve the quality and safety of tourist accommodations, they also introduce new challenges for property owners and investors. Staying informed and proactive is key to navigating these changes successfully.
At Hola Properties, we’re here to help you understand and adapt to these new regulations. Whether you’re a current owner looking to comply or a potential buyer assessing your options, don’t hesitate to reach out to us. We can provide the full list of requirements and guide you through the process to ensure you remain on the right side of the law. As always, we’ll keep you updated on any further developments in this ever-evolving saga.
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