Holiday rentals are undoubtedly a profitable investment, especially in tourist areas such as the Andalusian coast.

In order to rent out dwellings for tourist purposes in Andalusia, it is essential to obtain a licence. The requirements for obtaining such a licence are as follows:

  • To have an occupancy licence, duly granted by the pertinent city council. They must also comply at all times with the technical and quality conditions required of the dwellings.
  • The rooms shall have direct ventilation to the outside or to courtyards and some kind of system for darkening the windows.
    • This requirement does not apply when the dwelling or the building in which it is situated is listed as a Cultural Interest Asset and the level of protection prevents any type of work, modification or intervention that is necessary to comply with the requirement.
  • Be sufficiently furnished. They shall also be equipped with the appliances and fittings necessary for their immediate use and in accordance with the number of places available.
  • First aid kit.
  • Tourist information on leisure areas, restaurants and cafés, shops and supermarkets, the closest car parks to the home, medical services in the area, means of urban transport, a map of the town and a guide to shows.
  • All dwellings will be provided with complaints and claims forms available to users and a poster announcing them in a visible place inside the dwelling.
  • Cleaning of the property on arrival and departure of new clients.
  • Bedding, linen, household goods in general, depending on the occupancy of the dwelling.
  • Provide users with a telephone number to immediately attend to and resolve any queries or incidents related to the dwelling.
  • Have information and operating instructions available to users for electrical appliances or other devices that require it for their correct use.
  • Inform users of the internal rules regarding the use of the facilities, rooms and appliances in the dwelling, the admission and existence of pets in the dwelling, restrictions for smokers, restricted use areas.

The owners or managers of a holiday home shall submit information to the General Police Directorate concerning the accommodation of the persons staying in them.

RENTAL CONTRACT: Upon receiving all users, they must be given a contract to be signed by both parties, which must contain at least the following:

  1. The name of the person or entity operatingthe dwelling.
  2. The registration codein the Andalusian Tourism Register.
  3. The number of peoplewho will occupy it.
  4. The entry and exit dates.
  5. The total priceof the stay.
  6. The telephone numberfor immediate attention and resolution of any queries or incidents related to the dwelling.

If the dwelling is under any of the following situations, it will not be necessary to obtain the aforementioned licence:

  1. Dwellings that are offered without financial consideration.
  2. Housing contracted for more than two months  continuously by the same person.
  3. Dwellings that are not offered through tourism channels.
  4. Dwellings located in ruralareas which, in the event that they are intended for tourist accommodation, shall be governed by separate regulations.
  5. Complexes made up of three or more dwellings or flatsbelonging to the same owner or operator, which are located in the same building or group of buildings, whether or not they are contiguous (within a radius of 1 km). In these cases, the regulations on tourist flat establishments shall apply to them.

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Álvaro Morales Sousa, Partner, TempleCambria Lawyers

(+34) 695262097


Please note that any information provided through TempleCAMBRIA’s blogs, website or social media pages is for informational purposes only and should not be used as the basis for making any particular decisions. Please remember that legislation and case law can change over time and the articles published through this medium may not be up-to-date, which is why we recommend you seek individual specialist advice. TempleCAMBRIA law firmprovides legal services to international clients who have become enamoured with the Costa de la Luz. Our job is to ensure that their decision to settle down or set up business here is a successful one, and that their time here becomes the best experience of their lives.