30 Jul Registering a vacation rental: how to apply for the license and register the home?
One of the most interesting investment options in recent years is undoubtedly the vacation rental. Through the vacation rental you get a very high profitability and, in addition, in Spain we are lucky to have one of the most active passenger cars in the world. So, if you’ve made up your mind, the first thing you’ll have to figure out is how to register a vacation rental.
It is important that the holiday rental regulations are strictly adhered to, and this will depend on the location of the home. Keep in mind that in some Spanish communities you cannot currently register a vacation rental and in those that you can, each one has regulations. Some of the requirements will be to have the occupancy certificate, request the vacation rental license and register the home as a tourist apartment.
In this article we are going to focus on the autonomous community of Andalusia, which currently concentrates the majority of vacation rentals in the national territory. However, the process that we are going to tell you is usually repeated in the different communities, and there may be differences, especially in the requirements that the home must meet.
In case you have questions or doubts about other CCAA, leave the questions in comments and we will be happy to answer you!
What type of homes can be used for this kind of rental?
In accordance with Decree 28/2016, of February 2, on housing for tourist purposes and the modification of Decree 194/2010, of April 20, of tourist apartment establishments (BOJA No. 28, of February 11, 2016 ), holiday rental apartments are considered to be those that, located on land for residential use, offer the accommodation service on a regular basis and for tourist purposes at a price.
The following cannot be registered as dwellings for tourist purposes:
- Properties rented for a period of more than 2 continuous months to the same person. In this case, the rental is regulated by the Urban Leasing Law.
- Properties in rural areas, which also have their own regulation.
- VPO accommodations. According to its own regulation, these homes must be used as a regular and permanent home. But, the rental of rooms for tourist purposes is allowed, as long as the main use of the house is that of a habitual and permanent residence by the owner.
How to register a vacation rental?
Once we are clear if the home we want to rent can be used as a vacation rental, we will explain how to register a vacation rental.
The steps to take will be the following:
- Have a certificate of occupancy or occupancy license.
- Present the responsible declaration
- Register the home in the tourist accommodation register
These are the steps that, as we said before, you will have to follow in almost all the autonomous communities. The differences between communities lie in the technical and quality conditions of the houses. For example, in Andalusia, the rooms have to have direct ventilation to the outside, they have to be furnished, they have to be refrigerated in summer periods, cleaning must be done at the entrance and exit of each client, etc.
Certificate of habitability or occupancy license
Through the certificate of occupancy certificate or occupancy license, it is verified that a space meets the minimum requirements so that it can be inhabited by people at the level of health, hygiene and solidity. It is legalized through the autonomous communities and has an expiration period of 15 years.
In this check, the useful surface and the minimum surface of the spaces in the house are regulated together with the minimum equipment that must be integrated: toilet, kitchen, hot water, etc.
And how do we get the occupation license? We must contact an architect or technical architect and request a Certificate of Habitability endorsed by their professional Association. The professional will check whether or not it complies with current regulations through a visual inspection of the property.
In Andalusia, as specified in Decree 60/2010, each city council is in charge of having the procedure it deems appropriate for obtaining a first occupation license.
To register a vacation rental this would be the second step to follow. The responsible declaration is a document in which the fulfillment of the requirements of technical conditions and quality of the houses that we indicated previously and that change according to the autonomous community is manifested.
It also contains the data of the home, such as the number of places available in the home; the data of the person who will operate the activity, as well as the contract that enables him to do so.
Once the responsible declaration has been submitted, we go to the last step.
This last step to register a tourist rental is done automatically when presenting the responsible declaration. This procedure can also be carried out in person at the Malaga Tourism Office, in the Andalusian Tourism Registry.
When this document is presented, you are given an entry record that certifies that you have complied with the obligation to present the responsible declaration.
Subsequently, you will receive a resolution by which you are registered in the Andalusian Tourism Registry and a registration code or number will be assigned to you, which must appear in any advertisement made of the home for tourist rental purposes.
We hope we have resolved all your doubts and, if not, we await your comments!
And, don’t miss Casa Aura, our villa for rent in Ibiza!