Sustainable Tourism Law

PRIVATE HOLIDAY RENTALS IN SPANISH LAW 199 – property located in the countryside (this type has a different legal framework) – complexes comprising three or more properties owned by the same individual or operator, located in the same building or group of buildings, connected or not; the regulations for tourist apartments apply to these complexes. Therefore, a single owner or operator may only have a maximum of two holiday properties. In short, the Decree establishes some time limitations (two-month period), excludes certain areas from the arrangement (properties located in the countryside) and sets a maximum number of properties according to ownership structure (two holiday properties at most for each owner or operator). These latter two exclusions are important. c) Types (art. 5): The Decree sets out two types of holiday properties: those leased and assigned in their entirety and those leased by room (although the owner must reside in the property). This way, Andalusia is one of the few regions to allow properties to be leased by rooms. d) Requirements (art. 6): The Decree sets the requirements that holiday properties must have. Those are the general requirements for this type of property seen in other regions (the property must be legal, adequately furnished and ready for immediate use; it must be cleaned and have bed linen, towels, etc.). The only new aspect worth highlighting in the Decree’s requirements is that the property must have air conditioning in the bedrooms and living room if the property is used during summer months, and heating if it is used from October to April. The Decree mandates holiday properties that already operated before its introduction to adapt to this requirement within one year. There is also a formal requirement that should be mentioned in this aspect: in order to begin operating holiday properties, the interested parties must present a statement of compliance to the Andalusian Department of Tourism, which registers the property in the Tourism Register of Andalusia and provides the interested parties with a registration code that must be shown on all advertising and marketing for the property.