On February 22, 2024, a new Decree came into force amending various provisions regarding tourist housing, tourist apartment and hotel establishments in the community of Andalusia. With the entry into force of this Decree, owners and operators of dwellings assume new responsibilities and must comply with certain requirements in order to continue using their dwellings for tourist use.
The most relevant changes are the following:
- Dwellings recognized as being in a situation assimilated to out-of-order may not be used as tourist dwellings. Properties have to comply with the urban regulations too.
- Dwellings located in properties whose bylaws or articles of incorporation contain an express prohibition for the activity may not be used as tourist dwellings.
- The Town Councils, for imperative reason of general interest, may establish limitations proportionate to such reason, with respect to the maximum number of dwellings for tourist use per building, sector, area, period, area or zone.
- The operator of the dwelling must communicate to the Junta de Andalucía the periods of time for which he provides the service.
- If you are the owner of the property, but you have transferred the management and administration of the property to a company to exploit the property for tourist purposes, this company is obliged to communicate it to the Junta de Andalucía and must appear as the owner of the property in the responsible declaration.
- New habitability requirements (meters, bathrooms, equipment, etc).
- The new Decree gives owners of tourist dwellings a period of 6 and 12 months to adapt to the new requirements (depending on the requirement, there will be one adaptation period or another).
DISCLAIMER: This communication does not constitute legal advice, but has been drafted in accordance with the latest amendments to current legislation. Our firm assumes no liability for any inaccuracy in this communication or for any errors, inaccuracies or misrepresentations by the party providing the information.
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