What are housing for tourist use?

They are a tourist accommodation service, in accordance with the provisions of section 1.a) of article 28 of Law 13/2011, of December 23, on Tourism of Andalusia.

Whose Article 28 Tourist services says:

1. The following are considered tourist services:

a) Accommodation, when accommodation or stay is provided to users of tourist services.

 

The following are excluded from the scope of application of this standard and therefore are not homes for tourist use:

a) Homes that, for vacation or tourist reasons, are transferred, without financial consideration.

b) Homes rented for a period of more than two months computed continuously to the same tenant.

c) Homes located in rural areas that, if used for tourist accommodation, will be regulated by the provisions of article 48 of Law 13/2011, of December 23, and by Decree 20/2002, of January 29, of Tourism in the Rural Environment and Active Tourism, without prejudice to the provisions of its article 9.3.

Article 48 of Law 13/2011 reads as follows:

Article 48. Of rural accommodation tourist homes:

Rural accommodation tourist homes are those located in rural areas in which only the accommodation service is provided, and which are offers to the public, for temporary or occasional use, with tourist fines, one or more times throughout the year. . , without in any case the provision of the service exceeding, in aggregate, three months a year.
Rural accommodation tourist homes must be furnished and provided with the necessary equipment for immediate use. The minimum infrastructure requirements that must be met and their classification criteria will be determined by regulation.

Article 9 of the rural tourism law, Decree 20/2002, thus defines rural tourism homes.

1. Tourist accommodation in rural areas are tourist accommodation establishments and rural accommodation tourist homes that have the following conditions:

a) Gather the characteristics of the architectural typology of the region in which they are located.

b) Be adequately integrated into the natural and cultural environment.

c) Be equipped with the specific requirements and minimum infrastructure requirements established for each type in this Decree, where applicable, or in the applicable tourism regulations.

2. These are tourist accommodation establishments in rural areas:

a) Rural houses.

b) Hotel establishments and rural tourist apartments.

c) Rural tourist complexes.

d) Other tourist establishments whose specific regulations so determine.

3. Rural housing with tourist fines may be established in the environment when the accommodation does not comply with the requirements required for rural accommodation tourist housing. In this case, they cannot be marketed as rural accommodation, and will be governed, in any case, by the provisions of Decree 28/2016, of February 2, on homes with tourist fines and modification of Decree 194/2010, of April 20, of tourist apartment establishments.

This article 9.3 allows homes located in rural areas to be subject to the legislation on Homes with Tourist Uses, which is less restrictive and must comply with fewer requirements.

d) The tourist apartment establishments of the joint group, regulated by Decree 194/2010, of April 20, on tourist apartment establishments.

3. They cannot be homes for tourist use:

a) Housing subject to the public protection regime may not be used for this purpose, either complete or by room, in accordance with the provisions of its specific regulations.

b) Homes located in properties whose constitutive titles or statutes of the community of owners contain an express prohibition on the activity of tourist accommodation, in accordance with the provisions of Law 49/1960, of July 21, on horizontal property.

c) Accommodation units located in tourist accommodation establishments that must occupy the entire or independent part of the building.

d) Housing recognized as being «assimilated to out of planning», unless expressly prior authorized by the competent municipal body for the change of activity, in accordance with urban planning and environmental legislation. That is to say, you must carry out the procedures that the City Council decides for its approval, and wait for its approval to be able to have the license that allows its tourist exploitation, but since the majority of those assimilated to outside planning are properties located in the rural world, rural tourism legislation must be complied with.

In the previous contributions we have seen the characteristics that must be have a home for tourist use but its definition according to article 4 is:

Homes for tourist use are understood to be homes equipped in conditions of immediate use, located in properties where the accommodation service will be offered for a price within the Autonomous Community of Andalusia, on a regular basis and for tourist purposes.

The tourist service must be provided throughout the year or during specific periods within the same year, and must be stated in the responsible declaration provided for in article 9. It may only be marketed in the indicated periods, with marketing outside of these periods being considered clandestine activity.

It will be presumed that there is a tourist purpose when the home is marketed or promoted through tourist offer channels. In this sense, travel agencies, companies that mediate or organize tourist services and channels that include the possibility of booking accommodation will be considered tourism supply channels.

That is, just by publishing it on any marketing page or in any real estate agency, it is considered that it is being exploited for the purposes of having the documentation in order and therefore for tax purposes.

 

What is meant by companies that operate housing for tourist use?

Companies that operate tourist homes will be the natural or legal persons who are assignees of the administration and management of one or more homes for tourist use, regardless of the authorizing title for this purpose, and must appear as owners of the operation in the responsible declaration to which they are entitled. Article 9 of this decree refers.

In any case, the administration and management of the accommodation will be presumed when the main services inherent to the accommodation are developed and, in particular, when the tasks of handing over keys, receiving guests, attention during the stay, conservation and maintenance of the facilities are carried out. facilities and fixtures of the accommodation unit, cleaning upon entry and exit or billing.

The administration and management will correspond to a single owner when complementary services are offered whose provision is carried out by companies other than the operating entity of the former, and the user must be informed of said circumstance. To this end, information regarding the relationship between these services and the identification of the providing companies will be made available to users, all without prejudice to the responsibility of the operating company.

In cases of separation between ownership and exploitation and when the ownership of the property is under a co-ownership, community or similar regime, the operating company must obtain from all the owners the legal title valid in Law that qualifies for exploitation.

That is to say, all the real estate agencies that currently carry out intermediation tasks and provide the service of delivering keys and customer service will be the operating companies and must register their title in the tourism registry.

 

Who has the responsibility before the Administration and the users?

The operating company will have it, which as we have seen before, will be the real estate agency.

Article 4 states the Responsibility before the tourist Administration and the users, indicating:

The natural or legal person who appears as the owner of the operation of the home in the responsible declaration referred to in article 9 will be responsible before the Administration and before the users for the correct provision of the service.

The person who owns the exploitation must have a legal title enabling him to carry out the activity.

The owners of the exploitation of homes for tourist use will be responsible for maintaining an updated list of the homes, and must notify the Andalusian Tourism Registry of any modification that affects them, either in the legal link that qualifies them for exploitation or in the conditions specific to each of the exploited homes.

 

How is the maximum number of users of a tourist home calculated?

According to article 5.4, the maximum capacity of the homes will be limited by the provisions of article 6, which says:

b-Have a minimum constructed dimension of 14 m² per square, in accordance with the constructed area of main use that appears in the Electronic Headquarters of the Cadastre.

In any case, the minimum constructed area for main use will be 25 m² or, failing that, that determined by urban planning.

c) Have two bathrooms if the number of places is greater than five and three bathrooms if the number of places is greater than eight.

Furthermore, when the use of the home is complete, it cannot exceed fifteen places and when the use is by rooms, it cannot exceed six.

places, not being able to exceed four places per room in both types, of which two must be in beds that are not bunk beds. Two convertible seats will be allowed in the living room of the homes in the complete group, which will count toward the maximum capacity of the home.

 

What are the requirements and services that homes for tourist use must offer?

1- 1. Homes for tourist use must comply with the following substantive and habitability requirements:

a) Comply with municipal urban planning regulations. The registration of the home in the Andalusian Tourism Registry will be immediately communicated by the Tourism Administration to the corresponding Town Councils.

b) Have a minimum constructed size of 14 m² per square, in accordance with the constructed area of main use that appears in the Electronic Headquarters of the Cadastre.

In any case, the minimum constructed area for main use will be 25 m² or, failing that, that determined by urban planning.

c) Have two bathrooms if the number of places is greater than five and three bathrooms if the number of places is greater than eight.

d) The bedrooms and living rooms will have direct ventilation to the outside or to ventilated patios and some window darkening system. This requirement will not be enforceable when the local or regional Administration, for reasons of competition, exempts its compliance for reasons of architectural protection.

Kitchens and bathrooms will have direct or forced ventilation for air renewal.

e) Have centralized or non-centralized cooling by fixed or portable elements, that is, air conditioning, fans are not allowed, in the rooms and lounges, when the operating period includes the months of May, June, July and August.

f) Have centralized or non-centralized heating by fixed or portable elements in the rooms and living rooms, if the operating period includes the months of December, January, February and March, without incandescent or combustion elements being admissible under any circumstances. of flammable liquids or gases.

2. Likewise, the owners of the exploitation will be obliged to:

a) Provide users with a telephone number 24 hours a day to immediately answer and resolve any queries or incidents related to housing.

b) Clean the home upon entry and exit of new users.

c) Have official Complaints and Claims Forms from the Junta de Andalucía available to users and a poster announcing them in a visible place inside the home.

d) Inform users of the rules of coexistence of the community of owners, the areas of restricted use, those relating to the use of the facilities, rooms and equipment of the home, as well as the admission and existence of pets in the home. , restrictions for smokers, garbage disposal areas on public roads, guidelines for respect for the urban environment and municipal regulations on environmental protection against noise and vibrations. An evacuation plan, if one exists for the community of neighbors of the property, must be placed on the door of the home.

e) Provide proof of payment for the services and advances made, where applicable, with the following content, without prejudice to compliance with current provisions for tax purposes:

1. Identification of the person who owns the operation of the home.

2. Identification of the home and its registration code in the Andalusian Tourism Registry.

3. Identification of the user.

4. Number of people housed.

5. Date of entry and exit.

6. Price of the contracted service and payment date.

The owners of the operation who, in accordance with tax regulations, have the obligation to issue an invoice, must comply with the requirements that apply to them.

f) Inform users if they are members of the Consumer Arbitration System.

 

What are the equipment, furniture and fixtures that a home for tourist use must have?

a) Be sufficiently furnished and equipped with the necessary appliances and fixtures for immediate use and in accordance with the number of seats available, have a television and channel information, power outlets in all rooms and with the basic supplies that allow their use. habitability, such as electricity and hot and cold running water.

The kitchen must be equipped with a minimum of two burners, an oven or microwave and a refrigerator; utensils appropriate to the accommodation capacity (at least crockery, cutlery, glassware, pans, pots, serving cutlery, corkscrew, opener, scissors, can opener and drainer); of small appliancesicos (at least blender, toaster or grill, juicer and coffee maker); storage furniture; of utensils and a kit of cleaning products with a minimum content of scouring pad, cloth, cloth and cleaning gel; garbage bags; clothesline, iron and ironing board; and selective separation of waste with the corresponding informative detail.

b) The bathroom will be equipped with at least a toilet, sink, bathtub or shower tray, hand soap, gel, shampoo, one hand towel per person, non-slip floors in showers and bathtubs, washable bath mat, appropriate lighting for the bathroom. bathroom, mirror, towel hangers, extra toilet paper roll, toilet brush, power socket next to the mirror, shelf, hairdryer and hygienic bucket.

In any case, the toilet must be independent and closed, either individually or with the rest of the sanitary elements.

c) Well-preserved bedding, linens, blankets or duvets and pillows depending on the occupancy of the home and a replacement set of bedding.

The beds must measure at least 80*190 cm if it is a single and 135*190 cm if it is a double. The home must have a closet or space for clothing for every four people, with an adequate number of hangers, which can be located in any of the bedrooms and with a light point next to the bed.

The canapés, and mattresses with a minimum thickness of 18 cm, must be in good condition and present a homogeneous level of resistance across the entire surface.

d) First aid kit, as well as the installation of some type of smoke detectors in the area near the kitchen and a fire extinguisher.

e) Have tourist information, in physical or electronic format, about the area, leisure areas, restaurants and cafes, shops and food stores, parking closest to the home, existing medical services in the area, means of urban transport and a map of the town.

f) Have information and operating instructions for household appliances or other devices that require it for their correct use available to users.

 

What are the entry and exit times for tourist homes?

The user of the home will have the right to occupy it from 3:00 p.m. on the first day of the contracted period until 11:00 a.m. on the day designated as the departure date, and a different regime may be individually agreed upon. In the event that the operator is not in the home at the time of arrival or departure of the clients, the delivery of keys must be previously arranged.

In the event that the keys are delivered through their deposit in padlocks, security boxes or similar, they may not be located in elements of the street furniture on public roads.

What are the registration obligations for homes for tourist use?

Article 9 indicates the registration obligations and who must register the home.

To begin the provision of the accommodation service in the home, the person or entity that operates this service will have to present the corresponding responsible declaration electronically to the Department responsible for tourism, in which it states compliance with the requirements. established in this decree, and may be advertised from this moment on as housing for tourist use.

Without prejudice to what may be required under Community regulations, the minimum content of the responsible declaration will be the following:

a) Identification of the home, including its cadastral reference, and its maximum accommodation capacity.

Only one home will be admissible for each cadastral reference, except in cases where, in accordance with current regulations, the existence of two or more homes with the same cadastral reference can be proven.

b) Identification of the person or operating entity and the title that enables it, including telephone number and email for the purposes of electronic availability notices.
c) Identification of the person who owns or owns the property, if different from the person or operating entity.
d) Statement that the home is not subject to any public protection regime or that it is disqualified
e) Statement that the home is compatible for use as a tourist home in accordance with the applicable urban planning or regulation.
f) Express authorization for the transfer and exchange of data by public administrations for the purposes of the necessary exercise of their respective powers, including security forces and bodies and tax authorities.
g) Statement that the home is not prohibited from residential use in accordance with the constitutive title or statutes of the community of owners.
h) The period or periods of provision of tourist service.

The data entered in the housing data section of the responsible declaration will be publicly accessible through open search engines of this Ministry, except for those related to the telephone number and email.

What happens if the administration finds that there are errors in the responsible declaration?

Verification by the Tourist Administration of the essential inaccuracy or falsehood in any data, statement or document included in the responsible declaration that determines that the housing for tourist use does not meet the conditions for its registration as such, or that it has been failure to meet these conditions, as well as the lack of effective provision of the service in the terms of article 3.1 or the lack of licenses or authorizations required by specific sector regulations, especially in urban planning or land regulation matters, will give rise to the cancellation of the registration of the home in the Andalusian Tourism Registry, after hearing the interested parties.

When does the obligation to have air conditioning and heating in homes for tourist use come into force?

Those homes for tourist use that want to register new as of February 22, 2024 must have air conditioning and heating.

Homes that were registered before the entry into force of Decree 31/2024 have one year from February 20, 2024, that is, until February 20, 2025.

How much time do owners of homes for tourist use have to adapt to the new regulations Decree 31/2024, of January 29?

To Communicate the Places registered in the Andalusian Tourism Registry.

When the registered places do not coincide with what is established in sections b) and c) of article 6.1 of Decree 28/2016, of February 2, the owners of the exploitation of the homes must declare to the Andalusian Tourism Registry, the number that corresponds depending on the minimum size built and the number of bathrooms available, within a period of six months from the entry into force of this decree,

This article is the one that says:

b-Have a minimum constructed dimension of 14 m² per square, in accordance with the constructed area of main use that appears in the Electronic Headquarters of the Cadastre.

In any case, the minimum constructed area for main use will be 25 m² or, failing that, that determined by urban planning.

c) Have two bathrooms if the number of places is greater than five and three bathrooms if the number of places is greater than eight.
For the Communication to the Andalusian Tourism Registry of the change of ownership of the exploitation of housing for tourist use.

Those entities that, by virtue of the provisions of Decree 28/2016, of February 2, in the wording given by this rule, are considered an operating company, as we have indicated before, now the real estate agencies will be the operating companies, They will have a period of six months to notify the Andalusian Tourism Registry of the change in ownership of the exploitation of the corresponding housing for tourist use.

To communicate the periods of operation they will have a period of six months from the entry into force of this decree. If it is not carried out, it will be understood that the operating period is the full year.

That is, as this law comes into force 20 days after its publication in the BOJA, which was on February 2, 2024, they will have to be made before August 22, 2024 for those communications within a period of six months.