Frequently asked questions

What are the regulations regarding tourist rental in Andalusia? New regulations regarding rental entered into force on February 22. The apartment must meet special restrictions: On January 29, 2024, a new decree 31/2024 was approved, which changes the regulations regarding tourist accommodation, tourist apartments, and hotel facilities in Andalusia. The changes came into effect on February 22, 2024. Here are some of them:

1. City councils may establish limits on the maximum number of apartments for tourist use per building, sector, period, area, or zone (always in the general interest). These restrictions must correspond to clear, unambiguous, and objective criteria, duly published before their application.
2. The new regulation introduces the legal form of companies managing residential premises intended for tourist use. By tourist accommodation management companies, we mean individuals or legal entities that take over the administration and management of one or more tourist accommodation facilities, regardless of the title that authorizes them to do so. The managing company will be the entity that performs the main services related to accommodation, such as handing over keys, welcoming guests, care during the stay, maintenance and upkeep of the facilities and equipment of the accommodation unit, cleaning on the day of arrival and departure, invoicing. This company must be listed as the owner in the Declaración Responsable (declaration of responsibility).
3. VUT (vivienda de uso turístico – residential premises intended for tourist use) cannot be located in properties whose company agreement or community of owners’ statutes explicitly prohibit the activity of tourist accommodation. To obtain a tourist license, it will be necessary to attach documentation confirming the absence of such a ban.
4. Obligation to reflect in the Declaración Responsable the exact periods of activity. If an apartment is registered in the Andalusian Tourist Register, its owner must provide tourist accommodation services in the specified period or throughout the year. It is possible to use the property for other purposes outside the operating periods indicated in the declaration. Additionally, accepting tourists during a period other than declared may be subject to a penalty. The technical and housing condition requirements have been updated, including:
   • The minimum area of a residential premise intended for tourist use is 14 m² per person. When using the entire apartment, it cannot exceed fifteen 15 places. It also cannot exceed 4 beds per room, of which 2 must be non-bunk beds.
   • If the number of places in the premise is greater than 5, it must have 2 bathrooms, and if it is greater than 8, then 3 bathrooms.
   • Obligation to provide users with 24-hour telephone service for immediate response and resolution of any inquiries or incidents related to the premise.
   • Bedrooms and living rooms must have direct ventilation to the outside or to ventilated patios, and a window darkening system.
   • Beds must have at least the following dimensions: single 80cm x 190cm, double 135cm x 190cm. VUTs that do not meet the new housing condition requirements will have a period of one year to comply, while within 6 months of the regulations coming into force (by August 22, 2024), they will have to inform about the periods of activity. If they do not, it will mean that their period of activity is the whole year.

• SECONDARY MARKET is 7% plus costs for a notary, lawyer, and bank
• PRIMARY MARKET is 10% plus costs for a notary, lawyer, and bank The exact amounts can be checked during a visit with a lawyer, and for more detailed information, please contact the agent.

Firstly: What is “tourist rental”? It is an activity within which houses and apartments are rented and offered for holidays (not for permanent stay) through internet platforms, such as Airbnb or Booking. To conduct tourist rental activity, it is necessary to consider several factors and minimum requirements, such as direct ventilation to the outside of each external room and sufficient furniture and equipment with all necessary appliances and a first aid kit. Depending on the autonomous community, there may be different requirements for obtaining a license for tourist rental, but the main ones include:

Submission of a declaration of responsibility for the tourist apartment

• Obtaining a license for the tourist apartment from the municipal authorities.
• Registration in the Andalusian public tourist register.
• Having a property certificate issued by an accredited energy efficiency appraiser.
• Having valid civil liability insurance that covers damages that may be caused to third parties during the use of the rented property. To obtain this license, it is necessary to meet the requirements established by the Ministry of Tourism of the Regional Government of Andalusia. The competent entity for processing and granting the tourist license is the territorial delegation of tourism and local administration corresponding to the location of the accommodation.

The documentation required to obtain a tourist license in Andalusia includes:

• A valid property title or lease agreement.
• A floor plan of the property indicating dimensions and layout.
• A certificate of habitation or a first occupancy permit.
• An energy certificate with the appropriate energy efficiency label.
• A declaration of compliance with the requirements specified in the current tourism regulations.
• Proof of payment of the relevant fee (in some provinces).
• It’s important to note that these documents must be originals or legalized copies.

It should be remembered that renting out property without a license can result in administrative sanctions and even criminal liability.

The most effective way is to install an alarm system directly connected to a security service. How does it work?: A home alarm system operates thanks to two fundamental aspects: sensors installed in the protected home and the connection of the alarm to an Alarm Receiving Centre, from which every alarm is verified to notify the police or emergency services if necessary. Here’s how a home alarm system works step by step:

• One or more alarm sensors detect a potential intruder.
• The alarm center receives the break-in signal and forwards it to the alarm receiving center.
• A specialist at the monitoring station receives data and images from the alarm event and analyzes them to check what happened in the home where a possible break-in was detected. Meanwhile, the specialist contacts the homeowners to keep them informed.
• If an attempted break-in, break-in, or emergency is confirmed, the specialist is responsible for notifying the police, ambulance, or fire brigade and for making the appropriate decisions to ensure maximum safety for the affected individuals.

“Número de Identidad de Extranjero” = NIE – it’s equivalent to the Polish tax identification number assigned to foreigners in Spain. Without it, effectively carrying out any civil-law operation is impossible. Buyers do not have to obtain it themselves at the embassy or “on-site” in Spain, thanks to our professional legal service handling the entire process, which only takes a day or two.

Yes. The developer law guarantees buyers the security of all funds paid into the developer’s account. The guarantee is provided by the bank, and the buyer receives a guarantee document called “aval bancario.” Funds are transferred to the developer’s account only at the moment of signing the notarial deed and handing over the keys.

No, they are always net prices, and to the prices of properties listed in offers, a cost of 10% should be added in the case of Andalusia.

Property tax (IBI), garbage collection tax (basura), property insurance, community fees (if any), utility costs according to consumption, income tax for non-residents (IRNR).

No. By purchasing property in Spain, you obtain the status of “no residente,” meaning non-resident. This means that you continue to pay income tax in your country, and the Spanish tax office will only contact you for taxes related to the property.

Generally, no, although this depends on the region of Spain. In Andalusia, the seller pays the intermediary’s fee unless the parties agree otherwise.

In Spain, banker’s checks are still used. A banker’s check is issued by the bank at the account owner’s request and automatically blocks the corresponding funds, so such a check is safe for the buyer.

No. In such a case, you can legally authorize a lawyer to sign the deed on your behalf.

Definitely, yes. It is important to remember that Polish law and Spanish law differ, so our local lawyer will ensure that the transaction proceeds smoothly and in accordance with the letter of Spanish law.