LARIOS TRES LEGAL
New changes in the regulation of tourist homes in Andalusia.
The recent decree on tourist homes brings with it a series of significant changes that will affect owners and managers in Andalusia. These adaptations seek to regulate the activity more strictly, guaranteeing the quality of the service and the protection of the environment.
Main Changes
- Identification of Licenses: A new identification system is introduced with VUT/MA/00000 registration numbers, replacing the acronym VFT by VUT in the advertisements.
- Express Prohibition: The activity of housing for tourist use is expressly prohibited in properties subject to public protection, as well as in those prohibited by their constitutive titles or bylaws.
- Regulatory Compliance: Tourist homes must comply with the tourist, civil, mercantile and town planning regulations established by the European Union, the State, the Autonomous Community of Andalusia and the local authorities.
- Local Limitations: Municipalities may establish limitations on the maximum number of dwellings per building, sector, area or zone, depending on the general interest.
- Declaration of Service: Owners must declare the periods in which they will provide housing service, adapting their advertising and availability accordingly. In the event that it is not declared in due time, it will be understood that it is made for the whole year.
- Housing requirements: Specific requirements are established for housing, such as minimum capacity, mandatory facilities and necessary equipment.
- Evictions for non-compliance: State security forces may evict users who do not comply with the rules of social coexistence.
Liability of Operating Companies
This new regulation contains an express definition of a company or person operating the dwellings, establishing the obligation that these be expressly stated in the licenses.
Likewise, a regime of responsibility is established with respect to the rendering of the service and the communication to the Tourism Registry of the pertinent modifications.
Community of Owners. Express prohibition of the activity.
The activity of housing for tourist use is expressly prohibited in properties subject to public protection, as well as in those that are prohibited by their constitutive titles or bylaws (Community of Owners).
However, we must take into account that the current Horizontal Property Law has not been reformed, so that the prohibition or limitation agreements do not have, at present, retroactive effects.
Adaptation periods.
From the date of publication of the Decree until August 22, 2024 the owners will be obliged to:
Communicate the periods of operation in which the tourist activity will be exercised.
Adapt the advertising and availability of the dwelling in accordance with the periods of operation.
To verify and to adapt the capacity of the housing depending on the minimum constructed surface.
Change the ownership of the license to the operating company in the event that the services of key delivery, guest reception, customer service, conservation, maintenance, cleaning or invoicing are performed.
From February 22, 2024 until February 22, 2025 the owners will be obliged to adapt the dwelling in order to have the equipment expressed in the Decree.
Remember that every situation is unique and there may be important legal, tax and regulatory considerations to take into account. For personalized advice and to ensure that your tourist home investments are well managed, please do not hesitate to contact us! Your peace of mind and the success of your investments are our priority.
References:
AutorSalvador Cabello Guillén Abogado - Attorney
Datos de contacto+ 34 652 724 645
salvador.cabello@lariostreslegal.com
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