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Decree 28/2016, of February 2, concerning tourist accommodation in Andalusia, resolves the existing legal vacuum created by the Act of 2013 introducing more flexible measures and promotion of the rental housing market, which amended the Urban Rental Act, but excluded from its scope the private accommodation for tourism.
Upon entry into effect of this Decree, on May 11, 2016, if you want to offer this service, you must register the property in the Registry of Tourism of Andalusia and formalize with the Ministry of Tourism and Sport a “Responsible Declaration for the initiation and exercise of the activity”. Once your home is registered, you must provide the registration code in any advertising or promotion carried out by you by any means, including platforms “on line”.
You must keep in mind that if you offer lodging services without this requirement, you will be conducting a clandestine activity, and therefore you will incur in what is considered a serious offense.
This regulation applies if your property is located in residential land and you offer lodging for payment, on a regular basis and for tourism purposes, i.e, that you market and promote through the usual channels of this field (travel agencies and other companies or media organizing tourist services, including web pages where reservations can be made). In any case, the lease or rental of your home must be for less than two months and to the same person continuously.
Your home (flat, apartment, house, villa etc.) shall be excluded from this Decree if you offer it freely, if the contract is for more than two months time continuously to the same person, if it is rural property or if it forms part of a group of three or more homes located in the same building or group of buildings, contiguous or not, all of which would be governed by Decree 194/2010 concerning establishments of tourist apartments.
In order to provide the service, your tourist residence must have its license of occupation and comply at all times with minimum standards of quality and comfort, which include those relating to external ventilation, furniture, refrigeration, heating, linens, kitchenware and first aid kit.
You must also provide guests with tourist information of the area and have available leaves for Complaints and Grievances, as well as a contact telephone for immediate response to any question or issue relating to the property, and a cleaning service at the arrival and departure of each customer. You must also carry a documented and informative record of the travelers who use this accommodation.
This norm distinguishes between compete homes, which are transferred in full and with a maximum capacity not exceeding 15 occupants, and accommodation in rooms, in which the owner must reside and which may not exceed 6 guests.
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