Registering your holiday rental property
Holiday Rental Decree for Ole Solutions Property Management
If you own property in Cadiz province or anywhere in the region of Andalusia and plan to rent it out as holiday rental accommodation, or already doing so, you need to make sure you register your property with Andalucias tourist registry.
You may not have heard of this or like me, you may feel the requirements have not totally been made with consumer’s best interests in mind. However, it is imperative that you do not dismiss registering your property if you are actively advertising your property as a holiday rental any way or form.
As time goes by the major portals and listing sites will only be able to advertise properties that hold a licence number anyway! So it just make sense to market your property as legal. In the long run, guests will feel more comfortable booking registered properties.
The consequences can be quite severe if you do not register and get caught. Fines and sanctions are divided into three categories:
LIGHT OFFENCE: This can either be a written warning or a sanction with fines up to €2,000.
SERIOUS OFFENCE: Sanctions and fines range from €2,001 up to €18,000. The property can be shut down temporarily at the authorities discretion and the rental licence may be revoked temporarily.
VERY SERIOUS OFFENCE: Sanctions, with fines ranging from €18,001 up to €150,000. The premises may be shut down temporarily at the authorities discretion between 6 months to 3 years. The rental licence may be revoked indefinitely.
If you are sanctioned two or more times for very serious offences within a three-year period, the property will be struck off the ATR indefinitely.
There is no time to waste, you should act now!
The good news, it is free to register and you can do it yourself, either in person or online if you have a digital certificate enabled.
THE BETTER NEWS is;
If you can’t speak or understand Spanish or you are just too busy, live outside of Spain and cannot get to register in person or online. Help is at hand. You can nominate Ole Solutions to take care of the registration and be available for your inspection.
This is a bit of a catch 22 but you must make sure you are fully compliant and meet all the law’s requirements before you register your property as a holiday rental before Andalusia’s Tourism Registry. If not, you can expext fines as well.
What you need
Together with the application form, you must make available copies of the following documentation:
- Paperwork from when you bought the property, including the ‘referencia catastral’ (land registry reference)
- Your title deeds (‘Escritura’)
- The licence of first occupation (‘Licencia de Primer Ocupación’), or equivalent certificate, such as the ‘Cedula de Habitabilidad’.
- Property owner details, including an address where official notifications can be sent.
- NIE number or Passport number
- Details of management agency or designated person if you appoint someone to act on your behalf. Any change in details must be communicated so the ATR remains accurate at all times.
Ole Solutions charges a fixed fee of €125 +IVA to acquire your registry license number. If you do not have all the required paperwork, we make an extra charge to obtain these documents.
You will then be assigned a unique alphanumeric code (example) VFT/CA/00000.
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The Inspection Process
At some stage, there will be an inspection of your property. Inspections may be carried out during guest occupation.
Even though you have already supplied copies of all your paperwork during the registration, it may be the case that the inspector will ask to see it all at the time of inspection. For example, Licence of First Occupation, Title Deeds, Land Registry reference etc.
If a property does not meet the structural requirements of the decree, for example if you do not have air-conditioning or heating, you may be given one year to get the property into the required condition for rental but the goal posts tend to get changed very quickly in these parts, so you should not rely on this.
Depending on where you property is located within the province of Cadiz, Ole Solutions charges an hourly rate to attend your inspection. This will include the time it takes us to get to and from your property from our office in Jerez and the time to complete the inspection. (Hourly rate is €22)
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Minimum criteria to register a holiday rental in Andalucia
If you rent your holiday home out between the months of May-September, the accommodation must be fitted with some form of cooling equipment in the living area and bedrooms i.e. air conditioning.
If you rent your holiday home between October and April, it must also be fitted with a heating system, that maintains a temperature of 19 degrees.
All bedrooms must have direct ventilation to the exterior and all windows and patio doors must have some way of obscuring light i.e. curtains, shutters, etc.
The accommodation must be furnished adequately for the maximum guest occupancy.
Adequate bed linen and towels must be supplied based on the maximum occupation, plus one extra set.
You must offer a changeover cleaning service in between each guest occupation i.e. before arrival and after departure of each guest. But it’s not necessary to offer mid-stay cleaning.
You should have a medical kit available in the accommodation.
Guests must be supplied with tourist information, activities, restaurants, shops, details of the nearest parking area, medical facilities, transport, along with a map of the local area, etc. This can be supplied to guests either as a physical book, or digital format.
See full list here.
Could my property be excluded from being regulated by the Andalucias tourist registry?
Yes, If you own a rural property that is located in a rural area of less tha 20,000 inhabitants and is either a rural house, a rural tuorist resort or rural hotel type B&B. But you will still need to register on Andalusia’s Holiday Rural Rental Decree. (better known by its acronym VTAR).
Yes, If you just use your property yourself or lend it to friends and family without an exchange of money or charge.
Yes, if your Property is let short or long term to the same individual for a continuous period of time exceeding two months. This is regarded as a standard rental agreement subject to Spains tenancy act. (LAU).