What is important to know about Spanish housing regulations?

More and more people are coming to Manzanares Lawyers to learn about the laws on renting out property in Spain. After all, it’s the sensible thing to do when looking to purchase or rent a Spanish property – housing laws in Spain could be very different to your home country.

People are normally interested in understanding these regulations if they’re looking to purchase a property to not only use as a holiday home for themselves, but also to rent out to regular tenants or let to holidaymakers throughout the year.

This is a decision that’s growing in popularity every year, which is why we’re here to give you more information on Spanish property law, so you can make a well-informed decision on what to do next.

Location is crucial

As with many Spanish laws, housing laws change to varying degrees throughout the country. There are 17 regions in Spain, all with slightly different regulations, which can make things confusing if you don’t research beforehand. It’s important to trust solicitors in Spain that specialise in your chosen area.

For example, in Madrid, holiday rentals must be a minimum of 5 days and provide free Wi-Fi. While in the Canary Islands, residential communities must pre-approve property letting.  Single-room occupancy is also illegal throughout many parts of Spain.

Here at Manzanares Lawyers, we specialise in the housing regulations of Andalucía, so if you’re looking to buy a property in this region – in particular in the Costa Del Sol – you have come to the right place.

House letting laws in Andalusia

Andalucía, anglicised as Andalusia, is an autonomous region in southern Spain which introduced a change in holiday rental regulations in 2016. These stricter laws are designed to protect landlords, holidaymakers, and the reputation of the region.

Decree 28/2016 applies to any private individual intending to use a property they own for short-term rentals of up to 60 nights. Countryside properties are exempt from this decree as they are covered by the separate Casa Rural regulations (Decree 20/2002). Long-term rentals over 2 months are also not subject to this legislation as the Urban Tenancy Act applies instead.

Property owners in Andalusia can rent out their property to holidaymakers for 1-60 nights if the capacity is no more than 15 people or 4 people per room, but they must first register for a VFL (viviendas con fines turísticos) number. This legal registration number confirms that the property is compliant with all the laws required to legally rent out a home in the region.

Obtaining this number is compulsory, as you won’t be able to legally advertise your property on holiday letting websites without one. Within a few months of applying, your property will be inspected to ensure everything complies with the relevant regulations. If you pass the inspection, you’ll be issued a VFL number.

If you fail to comply with the holiday rental laws of Andalusia, you could receive a fine of at least 2,000€. For more serious or repeated offences, fines can go up to 18,000€ in addition to the premises being temporarily shut down and your rental licence being revoked. It’s not worth the trouble and expense – trust solicitors like Manzanares lawyers to keep your property rentals in line and avoid legal penalties.

Looking to rent out your property to tourists in Andalusia?

To first receive a VFL number and then to keep it throughout your period of business, you’ll have to dot every ‘i’ and cross every ‘t’. These are the legal requirements you must meet to be able to rent out your home in Andalusia:

Properties built after 1986 must have a 1st Occupancy Licence to prove they were built legally

⁍ All properties must have a valid up-to-date energy efficiency certificate

Rentals between May and September must have fixed air-conditioning equipment in living areas and bedrooms

Rentals between October and April must have a fitted heating system maintaining a temperature of 19°C

⁍ All bedrooms must have ventilation directly to the exterior of the property

⁍ All windows and doors must have curtains/blinds/shutters capable of blocking light

⁍ The property must be sufficiently furnished for the maximum occupancy and provide an adequate number of items such as plates and cutlery

⁍ You must also provide enough bed linen and towels for all the guests staying, plus one extra set

⁍ You must register guest details with the local authorities within 24 hours of their arrival, including each person’s name, nationality, date of birth, and passport number

⁍ Property owners must provide a local phone number so that guests can contact the property manager if any issues arise

⁍ You must provide safety and instruction manuals on how to use all appliances and set out terms of use such as no smoking or pets in the property

⁍ There must be a medical first aid kit available on the property

⁍ The property owner must provide printed or digital literature with local information such as a map of the area and details about shops, bars and restaurants, parking, public transport, medical centres, and tourist attractions

⁍ There must be a clearly advertised complaints form readily available should guests need it

⁍ Between each stay there should be a thorough changeover cleaning service after the previous guests leave and before the next guests arrive

This may seem like a lot to handle, but with our expert guidance, you’ll soon be managing successful holiday rentals in Spain and enjoying the profits. 

How can Manzanares Lawyers help?

As you can see, there are some key considerations when looking to rent out property in Spain. If you require any assistance to ensure that your property meets all the required standards, then our conveyancing in Marbella service can help. With our many years of experience in the field, we give you peace of mind that your transactions are legal so you can get the most out of your property.

Do you have any more questions about Spanish housing regulations before you rent out a property in Spain? If so, the experienced and specialist legal team at Manzanares Lawyers, the reputable law firm in Marbella, is here to assist.

To get in touch with us and start proceedings today, simply fill out our online enquiry form or email us at clientservices@manzanareslawyers.com. Or, to contact us directly in Spain, call one of the following numbers to be put through to the relevant office.

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