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Holiday rentals in Andalusia no longer has the obligation to have refrigeration elements (air conditioning)

Holiday rentals in Andalusia no longer has the obligation to have refrigeration elements (air conditioning)

This news kind of passed me by, it was not exactly shouted from the rooftops and went under the radar!

However, this news will be a pleasant surprise for many owners who do not consider that A / C in each room of their apartment, villa or townhouse necessary. Especially those on the Atlantic coast!

Tourist Housing in Andalusia no longer has the obligation to have refrigeration elements (air conditioning) for fixed elements in rooms and lounges.

The Article appealed by the Junta de Andalucía is the following:

Article 6.d of Decree 28/2016, of February 2, on housing for tourist purposes and amending Decree 194/2010, of April 20, on tourist apartment establishments established that housing for tourist purposes must comply with the following requirements:

“D) Refrigeration by fixed elements in the rooms and rooms when the period of operation includes the months from May to September, both inclusive. If the period of operation includes the months from October to April, both inclusive, they must have heating. This requirement will not be enforceable when the house or building in which it is integrated is classified as a Property of Cultural Interest and the level of protection prevents any type of work, modification or intervention that is necessary to comply with the requirement. ”

This article was annulled by the Judgment of the Superior Court of Justice of Andalusia of June 29, 2018 (Resource 364/2016). This annulment was appealed by the Junta de Andalucía, duly carried out by our Party in due course, our Procedure being 364/2016.

The commented Judgment has just been confirmed by the Supreme Court Judgment 1400/2019 of October 21, which states:

“However, it should be noted that under the terms with which cooling and heating measures are imposed, without taking into account the different weather conditions that affect the population centers of the Autonomous Community of Andalusia (which in some municipalities along the coast Mediterranean and Atlantic would make it necessary to have such facilities, in contrast to other towns in the interior where there are extreme temperatures in summer and winter), and the lack of provision in the decree prosecuted for a procedure for exemption or waiver of Compliance with said obligation (as provided for in Law 13/2011, of December 23, on Tourism in Andalusia) determines that we believe that said requirement is disproportionate, as it would not be suitable or adequate to meet the purpose pursued by the regulatory regulations for housing for tourism purposes to protect the rights of users of tourism services.

Therefore, Tourist Housing in Andalusia does not have the obligation to have refrigeration elements (air conditioning) for fixed elements in the bedrooms and lounges.

This article was translated from APARTSUR

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Paul Shoulders

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