How to apply for a tourist license for vacation rentals in Spain

Do you want to obtain a tourist licence for a property? Find out about the current regulations, the requirements, the application procedures and the price.

Do you want to obtain a tourist license for a property? Find out about the current regulations, the requirements and the application process.  procedures and the price.

Do you want to rent out your property in Andalusia to holidaymakers? You must obtain a tourist license first! This is a legal requirement and not a step you can afford to miss.

In this article, we will discuss in detail what the vacation rental tourist license is, how it is regulated in Spain, the types that exist, how to apply for it, the necessary requirements and how much it can cost to obtain it. If you are considering renting a property in Marbella, this information is essential to ensure you comply with all the relevant regulations.

What is a tourist license?

A tourist license is a document issued by the local authorities in Spain, that allows property owners to rent their properties to tourists on a short-term basis. Its main purpose is to ensure that rental properties comply with certain regulations and quality standards, which contributes to the safety and satisfaction of guests.

Tourism regulations are established by the autonomous communities within Spain. Each establish their own tourism laws and rental regulations. Our region, Andalusia, is governed by Decree 28/2016, of 2 February, on dwellings for tourist purposes.

In this article, we’ll be specifically looking at the Andalusia region and explaining the rules you need to follow if you want to generate income from a vacation rental in Marbella.

Please note that if the rental will be used as a main residence by the tenant, this license is not required, therefore long-term rentals are exempt.

What you need to do to gain a tourist rental license in Andalucia

If you have an apartment, townhouse or villa that you wish to use to rent to tourists in Andalucia you are required to comply with the following points –

  • You must be able to prove ownership of the property, with a sales contract, or have permission from the owner to generate income from the property and have a signed contract to prove this.
  • You need to declare that the dwelling complies with urban planning regulations and be sure that it does.
  • You must have a Certificate from the Property Registry confirming that tourist rentals are not prohibited in your community and get authorization from your community to register your property as a vacation home.
  • Your property needs to have an Energy Performance Certificate, which assesses the energy efficiency of your property and rates it from A to G. Don’t worry, a lower score won’t stop you from being able to rent out the property, but you must have one by law, and there are some hefty fines for not having one and not including it when you promote the property.
  • The property must be at least 25m2 and 14m2 per guest.
  • There must be at least two bathrooms if the property sleeps more than five guests and three if the property sleeps more than eight guests.
  • Bedrooms and living areas must have direct ventilation to the exterior and have blinds or shutters and it needs to be equipped for cooling and heating.
  • They must be prepared and provisioned to be able to accommodate the number of people that the property is advertised to sleep – there is a complete list of what is required available from the Junta de Andalucia website.
  • You must specify the times of year when you will rent your property.
  •  You need to have a complaints book (hoja de reclamaciones) and have information showed clearly that this is available.
  • You must register every arriving guest within 24 hours of check-in and submit it via the official platform SES.HOSPEDAJES.
  •  You must provide a cleaning service for guests prior to check in and at check out.
  •  You must have a telephone number that guests can ring to call if there are any issues.
  •  There must be a first aid kit in the property and having either a smoke detector near the kitchen or a fire extinguisher.
  •   You need to provide guest information regarding the area and also how to use the appliances and any rules and regulations for the property and the urbanization.

This is just the top-level requirements and the laws are specific and also regularly updated, therefore check with a vacation rental specialist if you’re planning to rent out your property and they can advise you.

Types of tourist licenses for dwellings

There are several types of licenses, and their classification may vary depending on the geographical location. However, two of the most common types of tourist dwelling licenses are:

  • Tourist dwelling license: these are private residences and are rented for a certain period of time (days, weeks or months). Tourist dwellings can be offered on a room-by-room basis (if the owner lives on-site) or as a whole property.
  • Tourist flat licenses: these are non-residential properties that are managed by companies.

How to apply for a tourist license for vacation rentals in Spain?

  • Research: Check the specific regulations and requirements in your community. Identify what type of license you need.
  • Preparation: Make sure your property meets the required safety, hygiene and quality standards.
  • Application: Submit the “Declaracion Responsible” to the Andalusia Tourist Board online, which deems that you can comply with all the requirements and that you will be able to prove it at the Inspection.
  • As soon as this has been submitted, you will receive a registration number and you can legally start to rent out your property.
  • Inspection: Authorities will carry out an inspection of your property to verify that it meets the requirements if there are any issues discovered you will be given the opportunity to fix them, or have your license revoked.
  • Approval and renewal: Once approved, be sure to renew your license according to the deadlines set by the authorities.

How much does the tourist license cost?

The good news is that in Andalucia there is no fee to register your property and obtain a tourist license. This is not the case in other areas, ranging from around €100 in Valencia to around €300 in Catalonia, and very high fees per guest place in Mallorca.

However, if you are a non-Spanish speaking property owner in Andalucia, you will likely need some support to ensure you’re doing it right. A lawyer or gestor can do the whole process for you and costs range between €400 and €800 for them to do this.

Risks of renting without a tourist license

It is essential to have a tourist license and comply with the processes of registering guests and paying the required taxes. If you fail to do so, you could be hit with some big fines.

Properties which are being rented without a license are deemed “clandestine” and depending on the severity of the offence, you could be faced with fines ranging from €2,000 to €150,000 and be required to stop your rentals for 6 or 12 months. The Andalusian government has a team dedicated to identifying illegal rentals and are actively going after these clandestine properties, so it is not worth the risk.

Conclusion

In summary, a tourist license is an essential requirement for any property owner wishing to rent their property legally in the vacation rental market. Complying with regional requirements and regulations ensures the safety of guests and avoids legal problems. Before embarking on any vacation rental activity, make sure you are aware of the types of licenses available, how to apply for them, the requirements needed and the associated cost. This will enable you to operate successfully and legally in this exciting sector.

If you are thinking of renting out your property in Marbella or the surrounding area, Vacation Marbella’s property management team can provide you with the solutions you need to make the process easier and make renting out your vacation property simple, safe and cost-effective.

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