Everything You Need to Know about Housing for Tourist Purposes

CONSTRUCTION

Mar 29

Written By Francisco Javier Muñoz Fuentes

1. WHAT IS A HOME FOR TOURISM PURPOSES?

Housing for tourism purposes is understood to be those located in properties located on land for residential use, where the accommodation service will be offered at a price, on a regular basis and for tourism purposes.

2. CAN ALL HOMES BE CONSIDERED "HOMES FOR TOURISM PURPOSES"? WHEN ARE TOURIST APARTMENT ESTABLISHMENTS CONSIDERED?

Above all, the home must be located on land for residential use and meet the requirements summarized in the following section. However, they will not be considered homes for tourist purposes if they are in any of the following cases:

That the houses are transferred without economic consideration.
That the home is hired for a period of more than two months (continuously) by the same user.
Homes located in rural areas. These dwellings, if they are used for tourist accommodation, will be considered as “rural house” or as “tourist accommodation for rural accommodation” and must comply with the conditions of their specific regulations.
Complexes made up of three or more homes or apartments owned by the same owner that are located in the same property or group of buildings (contiguous or not, but within a one-kilometer radius). In this case they will be considered as tourist apartment establishments. If this is your case, we recommend that you read our post: Frequently asked questions about tourist apartments, since in it we clarify all the doubts you may have.

3. WHAT REQUIREMENTS MUST MY HOME MEET TO BE A HOME FOR TOURISM PURPOSES?

The requirements for housing for tourist purposes are defined in Decree 28/2016, of February 2, and are, among others, the following:

Have an occupancy license, and comply with the technical and quality conditions required of the dwellings (according to the ordinances of the municipality in which the dwelling is located)
The rooms must have direct ventilation to the outside or patios and have a darkening system for the windows.
Be sufficiently furnished and equipped with the necessary appliances and equipment for immediate use and according to the number of places available.
Have Complaints and Claims Sheets, and a first aid kit.
That there is cleaning of the house at the entrance and exit of new clients, and that there is bedding, linen, household items in general, depending on the occupation of the house and a replacement set.

As you can see, they are easily achievable aspects. However, in this post we have summarized the requirements, but there are some more. Therefore, if you intend to use your home for tourism purposes, we recommend that you contact a technician so that they can advise you on the specific conditions that your home must meet. In MunozBarcia we will be happy to solve your doubts without any commitment.

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4. WHAT MAXIMUM CAPACITY CAN MY HOME HAVE?

The maximum capacity of the home will depend on the type of home for tourism purposes, there are two types:

Complete: When the house is transferred in its entirety.
By rooms: When the owner resides in it.

If it is a full-type dwelling, it may not exceed 15 beds, when it is a room type, it may not exceed 6 beds. In no case can it accommodate more than 4 people per room.

5. WHAT PROCEDURES DO I HAVE TO DO TO START THE ACTIVITY?

To start the activity as a home for tourism purposes, you must complete and submit the form of "responsible declaration for the start or exercise of the activity" in which it is declared, among other aspects, that it complies with the current regulations to carry out the activity. The entry record that appears in the Declaration will certify that you have fulfilled your obligation to present this Responsible Declaration and will now be able to provide the tourist accommodation service in your home in a regulated manner.

Subsequently, the Ministry of Tourism will proceed to register the home in the Andalusian Tourism Registry. To do this, it will request a series of documentation (which you may have previously submitted together with the responsible declaration to speed up the procedures), such as:

Copy of the occupation license or equivalent document (if you do not have it, consult a technician).
Title for the exploitation of the house (title deed or others)
Copy of the IBI or other document that proves the cadastral reference.
Certificate of registration of the owner of the home, if it is the type "by rooms".

Once the documentation has been provided, you will receive a resolution by which you are registered in the Tourism Registry and a code will be assigned to you. This code must indicate it in all advertising or promotion that realize by any means, including "online" platforms.

6. WHAT HAPPENS IF I START THE ACTIVITY WITHOUT PRESENTING THE RESPONSIBLE DECLARATION?

In case of carrying out the activity without having presented this Responsible Declaration, the home will be considered clandestine, being classified and sanctioned as a serious infraction according to the provisions of the Andalusian Tourism Law.

7. I WANT TO STOP RENTING MY HOME FOR TOURISM PURPOSES, WHAT DO I HAVE TO DO?

In case you no longer want to rent your home, you will have to fill in a form again called "declaration responsible for access and exercise of the activity". This is the same form that you submitted to register in the Andalusian Tourism Registry, only now you must select the box identified as “cessation of activity”.

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