Rental Law Decree, What is required to be compliant?
DECRETO 28/2016 PUBLISHED ON THE 11th OF FEBRUARY (IN FORCE FROM THE 2th OF MAY 2016). JUNTA DE ANDALUCIA HAS NOW ISSUE A NEW DECREE, APPLICABLE AND IN FORCE FROM THE 12th OF MAY 2016 FOR RENTAL APARTMENTS AND PROPERTIES IN SPAIN.
The Decree is not applicable in the following cases:
- Holiday lets to relatives, friends or third parties with no rent to be paid (for free)
- Properties that are let to the same person for a continuous period of more than 2 months.
- Rural properties in rustic areas in the event that they are used for renting, as they will be ruled by Decree 20/2002.
- Three or more properties rented in the same complex and owned by the same person, as they will be ruled by the Decree 194/2010.
The Decree considers as properties used for holiday rentals and therefore the Decree is applicable to those properties which are rented for a price with touristic aim and on a regular basis.
The property will be considered as a holiday rental when it is promoted or shown in any kind of promotional or advertisement media (newspaper, web site, agencies, real states, and any other system that includes the possibility of reserving the property).
In order to fulfill with the regulations of the Decree, the property used for holiday rental must obey the following requirements:
- The property must have first occupancy license and quality standard for a property
- The rooms will have enough ventilation to the exterior or patios and also any kind of mechanism to make the room dark such as shutters or curtain’s
- They must be sufficiently furnished.
- They need to have refrigeration system y the rooms and living room if the property is going to be rented from May to September and in the event that the property is from October to April, they need to have heater system. *PLEASE NOTE THAT THE OWNER HAS ONE YEAR TO ADAPT THE PROPERTY AND FULFIL THIS REQUIEREMENT. (DSIP. TRANSITORIA Única.2)
- The property must have first aid kid
- The property needs to have leaflets or brochures or even CDs with touristic information for the area: restaurants, bar, leisure activities, commercial areas and supermarkets, medical assistance centers, urban transportation, map for the municipality and performances and show guide if applicable
- The property must have complaints book and also and advertisement expressly stating that there is a complaints book available
- The property must be cleaned at the beginning and end of each rental period.
- The property must have bed linen, general cutlery and towels.
- It is compulsory to provide the users with a contact phone number of person to be contacted for any complaint or query raised so the situation
- Instruction books for the whitegoods
- Inform the user of any restrictions such as pets and smoking areas
The Decree also specifies the particular conditions and terms for the contracts for holiday rental properties, which are the following:
- The document must have the details of the landlord, including a phone number as stated in the above paragraph, registration number in the Junta de Andalucia, dates of arrival and departures, number of people staying in the property and total price for the rental
- All users must be identified by the ID (passport or DNI)
- A copy of the document must be kept by the landlord or agency during one year, to provide any information if necessary to the Spanish Authorities that request so
- In the event that the parties do not specifically agree anything with regards to the time of arrival and departure, it will be understood as if the right to occupy the property starts at 16.00PM and finishes on the 12.00PM
- The owner or person designated, must show the users the whitegoods and any other house appliances and how they work. And also it is compulsory to provide the users with keys, cards or any other relevant documents or codes to the common areas.
Please take in consideration that the price offer will be PER NIGHT and the price must include the water, electricity, heater, a/c and cleaning as well as use of the bed linen and towels and cutlery. The owner or person designated must give a receipt for the service paid and any payment made as reservation if any. It is important to inform beforehand about the conditions of the reservation, prices and proof of payments.
In the event that the parties have not specifically agreed in the following points, the next indications will be applicable:
- In order to book and reserve the property, the owner can ask for a maximum amount of the 30% of the total stay as reservation.
- If the reservation is cancelled by the user with more than ten days in advance the owner has the right to keep the 50% of the reservation fee as compensation.
- If the reservation is cancelled by the user after ten days from the start of the tenancy, the owner has the right to keep the full amount of the reservation fee as compensation
- If the reservation is cancelled by the owner or person designated, then he must pay back the reservation and if it is done with less than 10 days prior to the arrival, the landlord must pay also 30% of the total price as compensation to the user
- In the event of force majeure, dully proved, the parties won´t have any penalty at all.
Article 9 of the Decree expressly warn the owners to be registered in the REGISTRO DE TURISMO DE ANDALUCIA, either their selves or by third parties designated, by filling a DECLARACION RESPONSABLE about fulfilling the requirements that we have been going through before. Also, it must include:
Property details, Catastral reference, maximum number of users at a time.
Owner´s detail and address for notifications.
Agency details or designated person if the property is rented through them
In the event that the said details change, you need to update your registration. The details will be sent to the Council where the property is. Once your property is registered, then you must put the code they will be providing you in EVERY SINGLE PROMOTION OR ADVERTISEMENT made.
Not fulfilling the Decree, may cost you a fine which can be from 2.000 euros to 150.000 euros.