Andalusia has introduced significant changes to its short-term rental regulations, impacting property owners, investors, and real estate professionals across the region. These updates aim to balance the booming tourism industry with the needs of local communities and the housing market. Here’s a comprehensive overview of the key changes and their implications.
1. Mandatory Community Approval for Short-Term Rentals
Effective from April 3, 2025, property owners in multi-unit buildings (comunidades de propietarios) must obtain explicit approval from their community to operate short-term rentals. This change, introduced under Organic Law 1/2025.
- A 3/5 majority vote from the total quotas of property owners in the community.
- A 20-day waiting period after the meeting minutes are notified, allowing for objections.
Without this approval, even if short-term rentals aren’t explicitly prohibited in the community statutes, they will not be allowed.
2. Elimination of the First Occupation License (F.O.L.) Requirement
Previously, obtaining a tourist rental license required a First Occupation License (F.O.L.). Under Decree 31/2024, this requirement has been removed. Instead, property owners must declare that their property complies with urban planning regulations. However, it’s advisable to obtain a certificate from an architect to confirm compliance, as inaccuracies can lead to license cancellation.
3. Enhanced Habitability and Safety Standards
Decree 31/2024 introduces stricter habitability and safety requirements for tourist accommodations:
- Minimum room size of 14 m² per guest.
- Two bathrooms required if the number of beds exceeds five; three bathrooms if over eight.
- Adequate ventilation and air conditioning suitable for climatic conditions.
- Installation of fire extinguishers and smoke detectors near the kitchen.
- Availability of a first aid kit and 24-hour contact service for guests.
These measures aim to ensure a higher quality of tourist accommodation and enhance guest safety.
4. Regulation of Operator-Managers
The new decree defines and regulates the role of “operator-managers”—individuals or entities responsible for managing tourist accommodations. Key points include:
- Tourist licenses must be registered in the name of the operator-manager.
- Operator-managers are accountable to both the administration and the community for any incidents.
- This change aims to professionalize the sector and ensure clear responsibility for property management.
5. Municipal Powers and Zoning Regulations
Municipalities are now empowered to impose limitations, prohibitions, or specific conditions on the location of tourist accommodations to protect the general interest. This includes:
- Restricting the number of tourist accommodations in specific areas, such as historic centers or neighborhoods with limited housing availability.
- Implementing measures to prevent gentrification and preserve the social fabric of communities.
For example, Málaga has prohibited new short-term rentals in 43 neighborhoods where such rentals exceed 8% of the housing stock.
6. Transition Periods and Compliance Deadlines
While some measures take immediate effect, others have transition periods:
- Properties already registered as tourist accommodations before the decree’s publication are granted a one-year period to comply with new habitability requirements.
- Changes in tourist licenses, such as registering under the operator-manager’s name, must be completed within six months.
Implications for Real Estate Professionals
These regulatory changes necessitate proactive measures from real estate professionals:
- Due Diligence: Verify community statutes and obtain necessary approvals before listing properties for short-term rentals.
- Compliance Checks: Ensure properties meet the updated habitability and safety standards.
- Client Advisory: Inform clients about the new regulations, especially those looking to invest in short-term rental properties.
- Operator-Manager Role: Understand the responsibilities and legal implications of acting as or appointing an operator-manager.
By staying informed and adapting to these changes, real estate professionals can navigate the evolving landscape of Andalusia’s short-term rental market effectively.
For further information or assistance in understanding these regulations, feel free to reach out to LPA Spain or consult with legal experts specializing in Spanish real estate law.