A new decree is coming in this 2023 year for all the holiday homes (VFT) renting out to holidaymakers in the Andalucia region.
Decree 28/2016, of February 2, is currently the laxest regulation of this type of accommodation. This new regulation is intended to incorporate elements that respond to the growing social demand of both neighbourhood associations and individual users and consumers who advocate for a regulation that orders this market. In addition, the figure of the housing management company for tourism purposes will be introduced, which professionalizes the exploitation of homes and facilitates relations with the tourist Administration.
It is not approved yet but there is an idea about what we can find in this new decree.
All the requirements set forth in the standard are intended to guarantee a minimum quality in the accommodation service and the comfort of the home, which is in line with the regulation of the rest of the types of tourist accommodation, although within less demanding parameters.
In the first place, each person will only be able to allocate two houses of their property to tourist exploitation.
Secondly, by providing that municipalities can establish limitations regarding the maximum number of homes for tourist use per building or per sector, legal certainty is given in the application of the standard to delimit powers with respect to which it corresponds to apply to local corporations in urban matters and planning of their territory. In addition, it is expected that the technical and urban conditions for the destination to housing can be accredited by means of a municipal certificate to allow the property to be registered at the Andalucia Tourism Board as a VFT (Tourist Holiday Home).
Thirdly, a minimum area per user and a number of bathrooms are established based on the places offered. The maximum capacity provided for in the previous regulation is maintained, but these elements are introduced that are justified in promoting a quality tourist offer and in defending and protecting the rights of consumers.
Fourthly, regarding the requirement to have refrigeration or heating, all the properties must have aircon cool and heat.
On the other hand, the figure of the tourist housing management company is introduced in this decree, which professionalizes the operation of the houses and facilitates relations with the tourist Administration, both in territories where the property is in the hands of foreigners for whom it is It is difficult to notify any administrative action related to the exploitation of the home, such as when the exploiter does not have the means or the knowledge to carry out direct exploitation of his property. On the other hand, and no less important, on many occasions there are physical persons formally operating the homes, but the real tour operators are companies that manage all the services that must be provided from the reception to the departure of the users. It is convenient that these operators are the ones who appear as the operators of the dwellings, as those responsible to the users for any incident that may arise during their stay. The regulation of this figure is based on the guarantee of the rights of users and the promotion of a quality tourist offer as well as the fight against fraud since it would avoid potential fraud derived from the illegality of this economic activity.
These companies will be subject to the same limitation of operating a maximum of two homes per owner, with the same objective of avoiding real estate speculation and that large economic operators take advantage of this accommodation figure through third parties.
Another important new it is no dwelling subject to the public protection regime in Andalusia, whether complete or by rooms, may be used for tourist use.
We are going to analyse the Chapters of this new decree:
The second article says what an accommodation unit has to have: Independent stay of a tourist apartment establishment for the exclusive use of the user consisting of at least a living room, dining room, kitchen, bedroom and bathroom. A maximum of two people per bedroom and no bunkbeds are allowed in a tourist apartment.
This is very important as the decree we have until now, doesn’t says anything about the rooms that a tourist apartment has to have.
Classification: the inclusion of a tourist apartment establishment in a group, a category, a modality and, where appropriate, one or several specialities. Houses for tourist purposes are classified into groups.
Group: each one of the divisions into which tourist apartment establishments and tourist dwellings are classified.
Category: the level of the tourist apartment establishment within the group to which they belong.
Modality: the classification of a tourist apartment establishment, based on its location, in one of the following generic tourist destinations: beach, city, rural and highway.
Speciality: the voluntary classification of a tourist apartment establishment based on its architectural peculiarities, the characteristics of the services provided or the main demand to which it is oriented.
User: Natural person who, as a final recipient, receives the tourist accommodation service.
Article 6. Registration in the Andalusian Tourism Registry.
1. Tourist apartment establishments and houses for tourist purposes will be subject to the prescriptions of
Law 13/2011, of December 23, of Decree 143/2014, of October 21, which regulates the organization and
operation of the Andalusian Tourism Registry, to what is established in this decree and to the sectoral
regulations that, if applicable, apply to them, with special reference to the applicable regulations regarding
horizontal property.
2. The rights and obligations of the users of the tourist apartment establishments, of the houses for tourist
purposes and of the operating companies will be those contemplated in Law 13/2011, of December 23.
1. For the beginning of the provision of the tourist accommodation service, the person or entity that operates
this service will have to formalize the corresponding responsible declaration before the competent Ministry
Article 3. Scope of application.
The current regulations on register books and entry forms for travellers in hotel establishments and other
similar ones will be applicable, for which purpose the identification document will be required.
location, in one of the following generic tourist destinations: beach, city, rural and highway. i)
Speciality: the voluntary classification of a tourist apartment establishment based on its architectural
peculiarities, the characteristics of the services provided or the main demand to which it is oriented. j) User:
The natural person who, as a final recipient, receives the tourist accommodation service.
The scope of application of this decree is made up of tourist apartment establishments and houses for
tourist purposes located in the Autonomous Community of Andalusia.
Tourist use.
In particular, complementary services provided to the general public will also be subject to applicable
regulations in force.
The accommodation units that are part of the tourist apartment establishments and the houses for tourist
purposes are assigned to the provision of the tourist accommodation service, such condition constituting a
budget for the exercise of the activity, being prohibited during the exercise of the same allocate those to a
different use, such as residential, under any title and, expressly, to the activity of housing rental.
Legal regime.
In the houses for tourist purposes of the group by rooms, the condition to the tourist accommodation service will be limited to the rooms declared to the Andalusian Tourism Registry.
The control of authorizations, licenses or ratings as well as the monitoring of the requirements demanded
by non-tourism sectoral regulations will be carried out by the Administrations or competent bodies by reason of the matter.
Article 7. Tourist accommodation contract.
1. The tourist accommodation contract is the mutual agreement between the person or entity that operates the establishment of tourist apartments or housing for tourist purposes and the user of the accommodation that, concluded in person or remotely, includes, among other aspects, the conditions in which the accommodation service will be provided as well as, where appropriate, the complementary services. This contract will be subject to the provisions in force regarding obligations and contracts and, where appropriate, those that regulate electronic commerce. The confirmation by the person or entity operating the accommodation of the reservation made by the user will be considered a tourist accommodation contract. In any case, there must be physical or electronic proof of the contract.
2. The user must be previously informed of their rights and obligations, in accordance with the provisions of articles 21 and 22 of Law 13/2011, of December 23, by the same means used when making the reservation, or another chosen by the user.
Article 8. Prices and reservations.
1. The prices of tourist services will be free. They will be governed by the provisions of article 32 of Law 13/2011, of December 23, and will adapt to the provisions of current regulations on the defence of consumers and users.
2. The prices will be global and will include all the mandatory or minimum services available to the accommodation, and must be broken down by concept, if applicable. The price of the accommodation unit of tourist apartment establishments and houses for tourist purposes will include the supply of water, electricity, heating, refrigeration, air conditioning where appropriate, cleaning, use of bed and bathroom linen as well as the basic equipment of the bathroom.
3. Users must pay for the contracted services at the time of presentation of the invoice or proof of payment, if applicable, or within the agreed period, without the fact of presenting a claim implying payment exemption.
4. Payment of the price will be made by bank card, in cash when the financial regulations so allow, or by any other valid means of payment whose use has been admitted by the person or operating entity. The accepted means of payment must be stated in all publicity and in the case of tourist apartment establishments in the building/complex group, they must also be exposed to the public in a visible place at the entrance of the establishment.
5. In case of demanding the payment of the services prior to the provision of the same, it must be stated expressly in the advertising of the accommodation. In the same way, it must be stated in said publicity, in the case of requiring the card data, if it is used as a guarantee of compliance with the contract or as an advance payment.
6. The persons or entities that operate the tourist accommodation may require the users to make a reservation, by means of an advance of the price as a signal, which is understood to account for the amount resulting from the services provided.
7. In any case, the reservation must include the date of the stay, the cancellation policy and in the case of tourist apartment establishments, in addition, the amount, the type of accommodation unit with its food regime and the complementary services additionally contracted. The total and itemized price must be stated for each of these concepts, unless it is offered as a package at an agreed global price, for the use of other services or facilities not linked to the tourist accommodation service.
8. When the users have obtained reservation confirmation of specific accommodation units, specifying the number or location, the person or company operating the tourist apartment establishment must make them available on the agreed date. If the reservation were for indeterminate accommodation units, those that meet the agreed characteristics must be made available to the users.
9. When the establishment or property has confirmed the reservation without the requirement of any advance payment as a deposit, it will be obliged to maintain it until the time agreed with the user, and if it has not been done until 8:00 p.m. indicated. If the user has paid the advance as a deposit, the accommodation will be obliged to maintain the reservation made without any time limit for the number of days covered by the amount of the deposit, unless otherwise agreed.
Article 9. Cancellations.
The person or operating entity will be obliged to inform the user, before the contract is made, of the reservation cancellation conditions.
Article 10. Definition.
1. In accordance with the provisions of Article 44 of Law 13/2011, of December 23, the establishment that is made up of three or more accommodation units, intended to provide the accommodation service, will be called a tourist apartment establishment. tourist, that has furniture and adequate facilities for the preservation, preparation and consumption of food and beverages within each accommodation unit, and which are jointly operated by the same owner.
2. The provisions of article 42 of Law 13/2011, of December 23, on Tourism in Andalusia will apply to tourist apartment establishments constituted under a horizontal property regime or similar figures.
3. The accommodation units that make up the establishment may be, depending on their construction typology and configuration, apartments, villas, chalets, bungalows or similar buildings.
4. The location and construction of tourist apartment establishments will respect the landscape and will integrate harmoniously into it, taking into account the provisions of urban planning and land management legislation.
…..-……
Housing for tourism purposes (VFT)
Article 25. Definition.
1. The houses for tourist purposes, as a tourist accommodation service provided for in section 1.a) of article 28 of Law 13/2011, of December 23, will be those where it will be offered, at a price and equipped in conditions for immediate use, the accommodation service on a regular basis and for tourist purposes.
The tourist service may be provided throughout the year or during specific periods within the same year and must be stated in the responsible declaration.
2. Housing for tourist purposes will not be considered as those that are contracted for a period of more than two months computed continuously by the same user.
3. It will be presumed that there is habituality and tourist purpose when the house is marketed or promoted in channels of tourist offer or by any other means of marketing or promotion.
4. Tourism supply channels will be considered: travel agencies, service facilitating companies linked to travel companies, the companies that mediate or organize tourist services and the channels in which the possibility of reserving accommodation is included.
Article 26. Conditions of exploitation.
Only two dwellings per owner may be put into tourist exploitation through this type of accommodation and only two dwellings may be the owner of the exploitation, regardless of the legal title that enables them to do so, except as provided in article 28.
In no case can the same owner, regardless of the ownership percentage, put into tourist exploitation, either by himself or through a management company, more than two houses for tourist purposes.
2. Only one home will be admissible for each cadastral reference, except in cases in which the occupancy license clearly admits the existence, with the same cadastral reference, of two or more homes. If you do not have an occupation license, this circumstance must be specified by the competent town hall.
3. They may not be used for tourist purposes:
1. Housing management companies for tourist purposes will be natural or legal persons located in national territory, whose professional activity consists of operating more than two houses for tourist purposes, and must be agreed in a formalized contract between the company and the person who has the use and enjoy the house. These companies must present a responsible declaration of exercise of activity, which will be registered ex officio by the Administration in the Andalusian Tourism Registry.
These management companies may operate more than two homes for tourism purposes located in different buildings, regardless of their location and provided that there are no more than two homes that belong to the same owner.
The exploitation of more than two homes for tourism purposes by a management company that has not submitted a responsible declaration of exercise of activity will give rise to the initiation of the corresponding cancellation procedure for these homes in the Andalusian Tourism Registry.
2. The provisions of this chapter and the general provisions established in Chapter I will apply to the management companies.
3. The management companies, as owners of the exploitation of the houses for tourist purposes, will be responsible for each and every one of the houses that they operate, and must state in all advertising, their registration code and that of all the houses that they operate.
4. It will be presumed that management companies are those that carry out activities such as offering comprehensive housing management, taking care of its marketing itself or through search platforms, managing and providing information on reservations, receiving guests, offer them personalized attention during the stay, issue invoices or manage the comprehensive inspection at the departure of clients and maintenance of the home.
Article 29. Classification.
1. Homes for tourist purposes are classified into two groups:
a) Complete.
b) By rooms.
2. The houses that are transferred in their entirety belong to the complete group.
3. The dwellings that are not transferred in their entirety belong to the group by rooms, and the person who owns or who enjoys the right to use and enjoy the dwelling must reside in it. In these cases, the exploitation may only be exercised by a natural person and internationally recognized denominations may be used for this type of accommodation.
4. The maximum capacity of homes for tourist purposes will be limited by the provisions of article 33.
In any case, when the use of the dwelling is complete, it may not exceed fifteen beds and when the use is for rooms, it may not exceed six beds, and in both types, it may not exceed four beds per room, of which two They must be in beds that are not bunk beds. Two convertible seats will be allowed in the living room in the homes in the complete group.
Article 30. Identification plates.
In the houses for tourist purposes belonging to the complete group, it will be mandatory to display, on the outside of the entrance of each of them, an identification plate according to the model provided in annex III.
Article 31. Access to housing.
1. In no case may access to the home be restricted for reasons of disability, race, place of origin, sex, age, religion, opinion or any other personal or social circumstance. Notwithstanding the foregoing, they may provide and advertise their services focused on a preferred public.
2. When the users fail to comply with any of the obligations established by Law 13/2011, of December 23, especially those related to the rules of coexistence, the persons or operating entities may deny the permanence of the users and request the abandonment of the house, within twenty-four hours.
3. At the time of delivery of the home for tourist purposes, the user will be informed about the operation of household appliances and other instruments that require it. In the same way, the user will be informed about the rules of use of the common elements and facilities of the block or urbanization and will be given the keys, cards and passes that allow access and enjoyment of said dependencies.
Article 32. Period of occupation.
The person or operating entity will deliver the home to the user at the time that both have freely agreed. If nothing has been agreed regarding the time of delivery and termination of the period, it will be presumed that the right to occupy the home begins at 2:00 p.m. on the first day of the contracted period and ends at 12:00 p.m. on the day it ends. said period. In the event that the owner or operator is not in the house at the time of arrival or departure of the users, they must previously arrange the delivery of the keys.
Article 33. Requirements and common services.
Housing for tourism purposes must meet the following requirements:
a) Have an occupation license, or a responsible declaration in cases in which, in accordance with the urban or regulatory regulations of the land regime, an occupation license is not required, duly presented in the registry and addressed to the town hall, or municipal certificate certifying that the building meets the technical and urban conditions for its use as housing, and complying at all times with the conditions required for housing.
b) It will have a minimum built dimension of 15 mÇ per square, according to the built area of main housing use that appears in the Electronic Office of the Cadastre.
c) It will have two bathrooms if the number of places is greater than four and three bathrooms if the number of places is greater than eight. The bathroom will be equipped, in addition to the sanitary elements provided for in article 2, with hand soap, gel, shampoo, one hand towel per person, one bath towel per person, non-slip floors in showers and bathtubs, washable bath mat, appropriate light for the bathroom, mirror, towel hooks, extra roll of toilet paper, toilet brush, power plug next to the mirror, shelf, hairdryer and toilet bucket.
d) The rooms will have direct ventilation to the outside or to patios and some system to darken the windows. This requirement will not be enforceable when the dwelling or the building in which it is integrated is catalogued as an Asset of Cultural Interest and the level of protection prevents carrying out any type of work, modification or intervention that is necessary to comply with the requirement.
e) Be sufficiently furnished and equipped with the necessary equipment and equipment for immediate use and according to the number of places available, have a television, power outlets in all rooms and the basic supplies that allow their habitability.
The kitchen must be equipped with several burners, an oven or microwave and a refrigerator; utensils suitable for the accommodation capacity (crockery, cutlery, glassware, corkscrew, opener, scissors, can opener, drainer, etc.); small household appliances (blender, toaster, juicer, coffee maker, etc.); of storage furniture; and utensils and cleaning products.
f) Bed linen, linen, blankets or duvets and pillows well preserved depending on the occupation of the house and a replacement set.
Beds must be at least 90 cm x 190 cm if individual and 135 cm x 190 cm if it is double and must have a wardrobe or space for clothing for every four beds, with an adequate number of hangers, which can be located in any of the bedrooms and a light point next to the bed.
g) Refrigeration by fixed elements in the rooms and halls when the period of operation includes the months of June, July and August. If the period of operation includes the months of December, January and February, they must have heating by fixed elements. This requirement will not be enforceable when the dwelling or the building in which it is integrated is classified as an Asset of Cultural Interest and the level of protection prevents carrying out any type of work, modification or intervention that is necessary to comply with the requirement, being enforceable in In this case, have mobile air conditioning elements with the same functionality in rooms and living rooms.
Hot/cold air conditioning machines (Split or Fan Coil) will be considered fixed air conditioning elements.
h) First aid kit.
i) Have tourist information, in physical or electronic support, of the area, leisure areas, restaurants and cafeterias, shops and food stores, the closest car parks to the home, existing medical services in the area, means of urban transport, map of the town and guide to shows.
j) All homes will have Complaints and Claims Sheets available to users, and a poster announcing them in a visible place inside the home.
k) Cleaning of the house at the entrance and exit of new clients.
l) Provide users with a telephone service number for the user 24 hours a day to attend to and immediately resolve any query or incident related to housing.
m) Have information and operating instructions for electrical appliances or other devices that require it for their correct use available to users.
n) Inform users of the internal regulations regarding the use of the facilities, dependencies and equipment of the house, as well as the admission and existence of pets in the house, restrictions for smokers as well as restricted use areas.
ñ) Provide proof of payment of services and advances made, where appropriate, with the following content:
a) Identification of the owner of the exploitation of the dwelling.
b) Identification of the dwelling and its registration code in the Andalusian Tourism Registry, as well as the elements of its administrative classification.
c) Identification of the user.
d) Number of people housed.
e) Date of entry and exit.
f) Price of the contracted service.
The management companies must formalize the invoice document that certifies the service provided with the content indicated in article 23.
Article 34. Inspection.
1. The inspection services of the Ministry responsible for tourism will exercise the functions of verification and control of compliance with the provisions of this standard, in accordance with the provisions of Law 13/2011, of December 23, and the Decree 144/2003, of June 3, of the Tourism Inspection, without prejudice to the inspection and control powers attributed to other agencies or Administrations.
2. For this purpose, the owners of the tourist accommodation operation, their representatives or, failing that, the duly authorized persons, will provide the inspecting staff with access to their premises and facilities and the provision of documentation accrediting compliance. of the requirements, and the inspecting staff may require a copy of them.
Article 35. Penalty regime.
Those who commit infractions due to non-compliance with what is indicated in this decree will incur administrative responsibility in the event that they are classified as such infractions in title VIII chapter I of Law 13/2011, of December 23. Its sanctioning regime will be that provided for in the aforementioned title VIII.
Article 36. Clandestine activity.
The provision of accommodation service in establishments of tourist apartments and houses for tourist purposes defined in article 10 and article 25 of this decree will be considered clandestine activity when the person operating the entity has started the tourist activity without presenting responsible declaration in the terms of article 5, said service being typified as a serious infraction by article 71.1 of Law 13/2011, of December 23.