View from the terrace of a tourist home on the Costa del Sol. SUR
The five key points of Andalucía's new tourist rental housing law explained

The five key points of Andalucía's new tourist rental housing law explained

Owners or operators will have one year to adapt their properties to these new Junta requirements which cover areas such as the minimum size, as well as facilities and items that must be provided

Pilar Martínez


Tuesday, 30 January 2024, 12:10

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The tourist rental housing sector in Andalucía is facing a new era as a fresh law comes into effect to control a surge in such properties.

There are some 116,000 tourist properties in Andalucía, and of these, more than 55,000 are located in Malaga province. These are the new regulations explained in five key points.

Municipal control

According to the new law it is up to the municipalities to attribute different uses of land and determine whether a property will be fit for tourist accommodation. Local councils may establish limitations with regard to the maximum number of dwellings for tourist use per building, sector, area, period, or zone.

Operating company

The new law strengthens the legal status of companies operating tourist accommodation with the aim of making the activity more professional, facilitating relations with the tourism administration authorities and guaranteeing the rights and duties of users. The regulation states: "companies operating tourist accommodation are understood to be natural or legal persons who are assignees of the administration and management of one or more tourist accommodation, irrespective of their authorisation to do so, and they must appear as owners of the operation".

Limit of 15 dwellings per property

The decree sets new limits on the capacity of tourist dwellings, which is set at 15 dwellings in the case of the rental of an entire property and six in the case of a flat that is rented by rooms. In both cases, the number of beds per room may not exceed four, of which two must be in beds that are not bunk beds.

Regional minister Arturo Bernal during the presentation of the new Andalusian tourist housing decree. SUR

Minimum of 14 square metres per person and two bathrooms

A tourist property must have a minimum area of 14 square metres per person. Properties must also have two bathrooms if the number of beds is greater than five and three bathrooms if the number of beds is greater than eight. Bedrooms and living rooms must have direct ventilation to the outside or to ventilated patios. The requirement will not apply if there is an exemption such as architectural protection.

Basic furnishings

Properties must be sufficiently furnished and equipped with necessary appliances and utensils for immediate use and in accordance with the number of people, have a television, power sockets in all rooms and basic supplies that enable them to be habitable, such as electricity and hot and cold running water.

The kitchen must be equipped with a minimum of two burners, oven or microwave and refrigerator; crockery, cutlery, glassware, frying pans, pots, corkscrew, bottle opener, scissors, can opener and colander. There must be small electrical appliances such as a blender, toaster or grill, juicer and coffee maker; storage furniture; cleaning products and selective waste separation. Property owners must also have well-maintained bedding, linen, blankets or duvets and pillows.

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