Update: From 22/02/2024, a new law comes into force. This article takes into account the new legislation.
Andalusia currently still has one of the most favourable rules for obtaining a rental licence. In this article, we discuss the conditions of a rental licence in the Costa del Sol.
Note: Each Spanish autonomous region has its own holiday rental rules. This article covers the rules of the autonomous region of Andalusia.
When do you need a rental licence?
When you rent on a regular basis, for periods shorter than 2 months, at a price and you advertise your property for this purpose on marketing platforms for tourist accommodation, it is a holiday rental. A marketing platform can be a website that allows you to make a reservation for a particular accommodation, for example for a villa, flat or even a room. But a 'platform' can also be your rental agent, key manager or operator.
Specifically: if you rent out for periods shorter than 2 months and you advertise this on, for example, bookings.com, airbnb, HomeAway, etc., it is a holiday rental. You will then need a rental licence.
What are the conditions for obtaining a rental licence in Costa del Sol?
From 22/02/2024, conditions for obtaining a rental licence will be tightened.
Municipalities are given the power to regulate the granting of rental licences. For instance, a municipality can regulate the maximum number of rental licences allowed determine by building, zone, neighbourhood or region. Properties located in a rustic zone, with (D)AFO, are in principle no longer eligible for a rental licence, unless the municipality gives explicit prior permission. It therefore becomes important to consult the municipal rules and application procedures.
The most important condition is that your property has a certificate of conformity ('licencia de ocupación'). This document confirms that the property meets all habitability standards. In Andalusia, the certificate of conformity is valid indefinitely in time, but you must ensure that the property continues to meet habitability standards at all times. So, if you wish to buy a property for holiday rental, it is important that you ask about the compliance certificate.
The other conditions are practical in nature, including:
- Sufficient ventilation should be possible in the rented rooms and in the kitchen and bathrooms; and room windows should be able to be darkened.
- The accommodation must be furnished and have sufficient equipment to accommodate the allowed number of people. A single bed must be at least 80*190 cm in size, a double bed 135*190 cm. Bedrooms must have wardrobes with enough space for four people and clothes hangers. There must be lighting next to the beds. Mattresses must be at least 18 cm thick.
- There are a minimum of two bathrooms if there are more than five places available and a minimum of three bathrooms if there are more than eight places. Bathrooms should have sufficient shower and hand gels, toilet paper etc.
- There should be an air-conditioning system in the living room and bedrooms if you can rent out in the months of May, June, July and August.
- The kitchen should have at least 2 hotplates, an oven, a microwave oven and an icebox. There should also be a coffee maker, a fruit blender and a toaster and enough utensils.
- There is plenty of information about the area available. For example, you should mention the tourist attractions, provide a map and guidebook, list the parking facilities, provide brochures of the local restaurants , café, pharmacies, public transport, etc.
- You should provide a complaint form in a visible, and designated, place in the home.
- You provide the manuals of all electrical appliances in the accommodation.
- You provide enough bedding and (dish)washing products for the number of guests admitted + a spare set.
- You make sure there is a phone number available for guests to call in case of problems.
- You provide a first-aid kit and a fire extinguisher and install smoke detectors in the kitchen.
- Make sure guests are informed in advance about the rules of the complex/urbanisation/co-owners' association.
- You provide a receipt if tenants pay in advance.
- Check-in is possible from 15:00 at the latest and check-out from 11:00 at the earliest.
- Each room has a minimum area of 14m2. The total area should not be less than 25m2.
The minimum conditions in terms of surface areas can be found at this document, from page 12 in the pdf.
Finally, you should check - based on national legislation - that there is no prohibition in the statutes or regulations of the co-owners' association on holiday rentals.
Read more about the importance of the co-owners' association.
How many people can I rent to at the same time?
If you offer a house or flat in full, there is a maximum capacity of 15 beds/places. If you rent out rooms separately, you may provide a maximum of 6 beds/places per room. In both cases, there is a maximum of 4 people per room. Beds in the living room do not count as a place.
What if you are working with an operator?
You can hire a professional firm to manage your rentals, such as organising check-ins, check-outs, cleaning, collecting rent, etc. Consider an estate agent, keyholder, property manager, steward or letting agency.
The rental company then becomes responsible for compliance with habitability standards and the operation of the rental activity. However, you must have a contract with the rental company.
How do you apply for the rental licence in Costa del Sol?
Actually, there is no rental licence in Andalusia. There is only a registration requirement. Via a declaration on honour ('declaración responsable') confirms you meet all conditions to be allowed to rent.
After submitting the declaration on honour, you will receive a VFT number almost immediately, consisting of the combination: VFT/HU/00000. 'VFT' is the designation for 'vivienda con fines turísticos', 'HU' refers to the province and the numbers form the tracking/registration number.
There are no application fees.
This website allows you to check whether an accommodation is registered.
Are there any other commitments?
Yes. You should register every guest over 16 years old and pass on their identity details to the police within 24 hours. This can be done online.
Decision
If you are planning to buy a house or flat in the Costa del Sol for holiday rentals, it is important to check whether a rental licence is possible before purchase.
Learn more about the buying process in Costa del Sol here.
If you have questions about buying property on the Costa del Sol, or wish to procurement assistance of a property in Spain? Then feel free to take contact on.
PS How do holiday rentals work practically on the Costa del Sol? Find out on our All About Spain Podcast Episode 7. We discuss holiday rentals with a specialist in rentals.
