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Wednesday, 21 August 2024, 14:58
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Decree 31/2024, dated 29 January, introduces significant changes to the regulation of tourist accommodation and hotels in Andalucía. This law aims to balance tourism development with community coexistence and the protection of urban and natural environments.
Among the main changes, new requirements are established regarding opening and operating licences, along with increased accessibility and sustainability standards. Owners of tourist accommodation must meet stricter quality and safety standards. Additionally, measures are implemented to prevent tourism saturation in sensitive areas and to promote environmentally friendly practices.
This decree strengthens inspections and penalties to ensure compliance with the new regulations, thus guaranteeing a more regulated and higher quality tourism offer, benefiting both residents and visitors in Andalucía.
Exempt from the law are unpaid stays as well as long-term rentals over two months.
The main changes include requirements that the property should meet a minimum surface area of 14 m² per bed to obtain a licence, two bathrooms if the number of beds exceeds five, three bathrooms if the number exceeds eight. As well as ventilation in the kitchen and bathrooms along with hot and cold air conditioning. Additional provisions include 24-hour phone service and good behaviour rules.
The regulation refers to an annex for other requirements, such as having a first aid kit, installing smoke detectors near the kitchen, or having a fire extinguisher.
The new decree prohibits "assimilated to out of order" or properties with an AFO licence from being registered as holiday rentals.
Andalucía follows the national trend where licences lapse upon sale, requiring new owners to reapply, aiming to curb speculation and fraudulent licensing.
The decree grants town halls authority in tourist rental matters, including the ability to impose limitations for reasons of general interest with clear and unequivocal criteria. Municipalities can set limits on the number of vacational properties per building, neighbourhood, area, or period, with publicised criteria.
Registration is simplified, declaring the housing suitable for tourist use in compliance with urban regulations is part of the declaration, which is then verified through information exchange with municipalities.
If your property is already registered, you have to update the registration with details of any local company supporting you and the period within which you wish to rent out the property. This must be completed by 22 August 2024.
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