Your Comprehensive Guide to the Latest Updates on Andalusia’s Rental Laws 2024: What Property Owners and Holidaymakers Need to Know
Andalusia, a beloved destination for holidaymakers and expats, has implemented key changes to its rental laws in 2024.These revisions aim to balance the needs of both property owners and those seeking accommodation in this sun-soaked region. There are some 116,000 tourist properties in Andalucía, and of these, more than 55,000 are located in Malaga province. These are the new regulations explained and here’s what you should know:
Decree 31/2024: A Deep Dive into Andalusia’s New Tourist Accommodation Regulations. Decree enacted in Andalusia, introduces a comprehensive framework designed to elevate the quality and standards of tourist accommodations across the region. This new legislation encompasses various key changes that all property owners and holidaymakers need to be aware of.
Licensing Requirements: Raising the Bar for Tourist Accommodations
Under Decree 31/2024, obtaining a valid license is now a prerequisite for property owners renting their accommodations to tourists. This licensing process serves as a mechanism to ensure that all properties adhere to rigorous safety, hygiene, and comfort standards.
- Safety First: Property owners must demonstrate that their accommodations meet safety regulations, including fire safety measures, emergency exits, and electrical safety standards.
- Hygiene is Non-Negotiable: Properties must adhere to strict hygiene protocols, ensuring clean and sanitary conditions for guests. This includes regular cleaning, provision of fresh linens and towels, and proper waste disposal.
- Comfort is Key: Accommodations must offer a comfortable experience for guests, with adequate ventilation,heating or cooling systems, and functional amenities.
Room Size and Amenities: Prioritizing Guest Comfort
Decree 31/2024: Elevating Guest Comfort and Satisfaction Through Detailed Room and Amenity Requirements. It goes beyond licensing requirements, delving into the specifics of room sizes and amenities to ensure a comfortable and enjoyable experience for all tourists.
Limit of 15 dwellings per property:
The decree sets new limits on the capacity of tourist dwellings, which is set at 15 dwellings in the case of the rental of an entire property and six in the case of a flat that is rented by rooms. In both cases, the number of beds per room may not exceed four, of which two must be in beds that are not bunk beds.
Minimum Room Size:
The decree mandates a minimum floor area of 14 square meters per person for bedrooms. This ensures that guests have adequate space to move around freely and store their belongings comfortably. Properties must also have two bathrooms if the number of beds is greater than five and three bathrooms if the number of beds is greater than eight.
For living rooms or common areas, the minimum size depends on the number of occupants, with a minimum of 25 square meters required.
Bed Dimensions:
- Single Beds: Single beds must measure at least 90 cm wide and 190 cm long, providing ample space for a single occupant.
- Double Beds: Double beds must have a minimum width of 135 cm and a length of 190 cm, ensuring comfort for couples or guests sharing a bed.
Essential Amenities:
- Air Conditioning (May-August): To combat the sweltering summer heat in Andalusia, the decree mandates that all tourist accommodations must be equipped with air conditioning units during the peak season from May to August.
- Ventilation: Adequate ventilation is essential for maintaining a healthy and pleasant indoor environment. The decree outlines specific requirements for ventilation, including the presence of windows or other openings that can be opened to allow for natural airflow. Bedrooms and living rooms must have direct ventilation to the outside or to ventilated patios. The requirement will not apply if there is an exemption such as architectural protection.
- Heating: While not mandatory throughout the year, accommodations must be equipped with heating systems for the colder months, ensuring guest comfort during their stay.
- Hot and Cold Water: A continuous supply of hot and cold water is a fundamental requirement for guest hygiene and comfort.
- Adequate Lighting: Properties must have sufficient lighting in all rooms, including bedrooms, bathrooms, and living areas, to ensure guest safety and convenience.
- First-Aid Kit: To address minor injuries or ailments, all accommodations must be equipped with a basic first-aid kit.
These detailed requirements for room sizes and amenities reflect a commitment to enhancing guest satisfaction and ensuring that all visitors to Andalusia enjoy a comfortable and memorable stay. By adhering to these standards, property owners can attract a broader range of tourists and contribute to the region’s reputation as a premier tourist destination.
Operating company:
The new law strengthens the legal status of companies operating tourist accommodation with the aim of making the activity more professional, facilitating relations with the tourism administration authorities and guaranteeing the rights and duties of users. The regulation states: “companies operating tourist accommodation are understood to be natural or legal persons who are assignees of the administration and management of one or more tourist accommodation, irrespective of their authorisation to do so, and they must appear as owners of the operation”.
Municipal Regulations: Empowering Local Control
Recognizing the unique characteristics of different areas within Andalusia, Decree 31/2024 empowers local municipalities to regulate the number of rental licenses issued within their jurisdictions. This localized approach allows municipalities to tailor regulations to the specific needs and challenges of their communities, particularly in high-demand areas where the proliferation of tourist accommodations could strain local resources or impact residents’ quality of life.
Rustic Property Restrictions: Preserving Natural Beauty
In a move to protect Andalusia’s picturesque rustic landscapes and ecological diversity, Decree 31/2024 prohibits the issuance of new rental licenses for properties situated in rustic zones. This measure aims to preserve the natural beauty of these areas, promote sustainable tourism practices, and prevent overdevelopment in sensitive environments.
Navigating the New Regulatory Landscape
Decree 31/2024 represents a significant step towards ensuring higher quality and more sustainable tourist accommodations in Andalusia. Property owners and holidaymakers alike must familiarize themselves with these new regulations to ensure compliance and a positive rental experience. By adhering to these standards, property owners can attract a wider range of guests seeking comfortable and well-maintained accommodations, while holidaymakers can enjoy a more enjoyable and secure stay in this beautiful region.
Article 6 and Spain’s National Rental Law: A Pillar of Tenant Protection
Spain’s national rental law, updated in 2023, significantly impacts the rental landscape in Andalusia and the rest of the country. Article 6 of this law, in particular, introduces a range of measures aimed at bolstering tenant rights and security.
Extended Contracts: Fostering Stability and Security
One of the most significant changes introduced by Article 6 is the extension of standard rental contracts. For individual landlords, contracts now have a minimum duration of five years, a notable increase from the previous three-year term. For legal entities acting as landlords, this duration is extended to seven years.
These extended contracts provide tenants with a greater sense of stability and security, allowing them to plan for the long term without the fear of frequent relocations or unpredictable rent increases. This also benefits landlords, as longer contracts often translate to lower turnover rates and more consistent rental income.
Limited Rent Increases: Protecting Affordability
Article 6 addresses the issue of escalating rental prices by linking rent increases to the Consumer Price Index (CPI). This means that rent adjustments are tied to the rate of inflation, ensuring that they remain reasonable and predictable. This measure safeguards tenants from exorbitant rent hikes, preserving the affordability of housing.
Enhanced Tenant Rights: Strengthening Security and Protection
Beyond extended contracts and rent control measures, Article 6 strengthens tenant rights in several key areas:
- Eviction Protection: The law provides enhanced protection for vulnerable tenants, including those facing economic hardship or domestic violence, making it more difficult for landlords to evict them without just cause.
- Notice Periods: Landlords are required to provide tenants with longer notice periods before terminating a contract, giving tenants more time to find alternative housing.
- Information Transparency: Landlords must provide potential tenants with detailed information about the property, including previous rental prices and energy efficiency ratings, promoting transparency and informed decision-making.
Impact on Andalusia
While Article 6 applies to the entire country, its impact is particularly significant in Andalusia, where the rental market has experienced rapid growth and increasing demand. The extended contracts and rent control measures provide much-needed stability for tenants in this region, ensuring that they can access affordable and secure housing.
Balancing Interests: A Fairer Rental Market
The provisions of Article 6 and the broader national rental law reflect a shift towards a more balanced and tenant-friendly rental market in Spain. While these changes may require adjustments for landlords, they ultimately aim to create a fairer and more equitable system that benefits both tenants and property owners.
By fostering stability, affordability, and enhanced tenant rights, Spain’s rental law contributes to a more sustainable and inclusive housing market, where everyone has access to safe and secure accommodation.
What This Means for Property Owners
- Compliance is Key: Property owners must ensure their properties meet the new standards to obtain and maintain rental licenses.
- Adapting to Change: The updated regulations might require some adjustments to your property or rental practices.
- Potential for Stable Income: While there are stricter rules, the longer rental contracts could lead to more reliable income streams.
What This Means for Holidaymakers
- Improved Standards: You can expect a higher quality of accommodation, thanks to the enforced minimum standards for space, amenities, and cleanliness.
- Increased Competition: As some properties may not meet the new requirements, the pool of available rentals might shrink in certain areas.
- Protection: The national law offers you more rights as a tenant, ensuring a smoother rental experience.
It’s essential for both property owners and holidaymakers to familiarize themselves with these changes. Seek legal advice if you have questions or concerns or get in touch with us for further assistance.
Andalusia’s Ongoing Appeal
Despite the stricter regulations, Andalusia remains a captivating destination. Its stunning beaches, rich culture, and vibrant cities continue to attract visitors from around the world. By staying informed and adapting to the new laws, you can still enjoy the beauty and hospitality of this region while ensuring a fair and enjoyable rental experience for all.
The Future of Renting in Spain
The new rental law aims to create a more balanced and fair rental market in Spain. While there will undoubtedly be adjustments along the way, the overall goal is to provide greater stability and security for both landlords and tenants.
Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice. Always consult with a qualified legal professional for specific guidance on rental regulations. Official authority and the most common questions can be found here https://www.juntadeandalucia.es/organismos/turismoculturaydeporte/areas/turismo/registro-turismo/paginas/faq-viviendas-turismo.html
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