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TOURIST RENTALS

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What is considered a tourist rental?

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Any property located on residential land which offers accommodation either completely or room wise and is being commercialized and/or advertised through web sites, travel agencies, real estate agencies is considered a tourist rental.

It will not be considered a tourist rental:

• Holiday rentals with no monetary compensation.
• Property rentals for a period longer than two months and to the same person.
• Property rental located on rural land.
• Rental within a complex of three or more houses/apartments belonging to the same person and located within one kilometre area.

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Necessary conditions of the property to qualify for tourist rentals

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The property needs to count on:

• First occupancy license
• Rooms need to have windows to allow ventilation and blinds are required.
• The property must have sufficient furniture, appliances, bed linen, towels and general homeware to accommodate the number of guests for which the property is registered.
• Air conditioning in every bedroom and lounge if the property is to be rented between May and September. Fans or ceiling fans will not be sufficient. Heating if the rental period is between October and April.
• First aid kit.
• Tourist information of the area (restaurants, shops, medical service, parking, public transportation and plans).
• Official complaint forms
• Cleaning of the property upon arrival and departure of the guests.
• Telephone of the contact person who shall provide any urgent information about the property.
• Information about the use of the property, restrictions for pets ,smokers.

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What do I need to do before starting my tourist rental?

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You need to submit an affidavit to confirm you fulfil with all the legal requirements before starting to offer your property for tourist rentals.

Upon the filing of your Affidavit in the Territorial Delegation for Culture, Tourism and Sports of the province where your property is based on you will receive a document input record number. At a later stage you will receive a Resolution confirming that your property has been registered in the Tourist Register for Andalusia. That registration code has to be compulsory mentioned in all publicity or advertising of your property. This registration code issued by the Territorial Delegation for Culture, Tourism and Sports will look like this VFT/MA/00000.

• VFT stands for tourist accommodation dwelling
• MA the next two letters will stand for the province where the property is located.
• 00000 stands for the sequential order.

Not accomplishing with the above mentioned legal requirements will imply that the property is illegally rented and will be considered a serious breach of law.

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Which documents do I need to file together with my Affidavit?

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• Copy of the first occupancy license or equivalent.
• Your purchase deed.
• Copy of your last Town Rates bill (I.B.I.) including the cadastral reference.
• Certification of being registered in the Citizen Registry ("certificado de empadronamiento"), if you are renting per room, not required if you are renting the entire dwelling.

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What do I need to do upon arrival of the guests?

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The Decree INT/1922/2003, of 3rd July obliges the landlords to keep records of all guests and to deliver the entry registration to the local Police.

The official entry registration forms (download here) include information, which is mainly contained in your guests passport. The document needs to be signed by every guest older than 16 years. These forms are to numbered consecutively and kept in books with a minimum of 100 pages and a maximum of 500. These books are to be kept for at least three years.

The information contained in these forms is to be notified to the local police within 24 hours from the guest arrival. Most of the local Police Departments have a special online notification service for this purpose. So you need to make sure you contact your local Police once you have your Registration Code to have access to their online notification service.

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What happens if I do not have a first occupancy license?

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If you simply cannot find your first occupancy license a copy of the same can be formally requested at your Town Hall.

If the property never received one but the property qualifies for one you can apply at your Town Hall for one, this is a long procedure though.

If your property did not qualify for the first occupancy license but has no disciplinary proceedings have been initiated against your property, you can apply at the Town Hall for the correspondent certificate. In most of the cases this certificate is accepted by the Andalusian Administration.

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