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At YourRealEstateLawyerinSpain we are dedicated to providing specialized legal advice in Real Estate Law. Our mission is to guide our clients through the various legal complexities of the real estate market, contracts, litigation and other legal aspects related to real estate.
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At Your Real Estate Lawyer In Spain, we specialize in real estate law, offering tailored legal solutions for property transactions. Our client-centric approach ensures informed decisions, efficient dispute resolution, and protection of interests throughout the real estate process.
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Explore into the common legal inquiries faced by individuals navigating the intricate landscape of Real Estate Law in Spain. Your questions, our expert answers.
What is a deposit contract, what are their types and what do they oblige me to?
It is very usual that before formalizing the deed of sale before a notary, both buyer and seller sign a previous contract in which they reciprocally bind themselves, where the price and other conditions of the future sale are already fixed, especially that establishes the maximum date to grant the notarial deed.
The signature of this contract, which is colloquially known as earnest money, represents the agreement between buyer and seller and the end of the negotiations between them. However, in reality, this earnest money contract is nothing more than a previous agreement that is usually introduced in the contract. Therefore, it is called earnest money contract or signal, to the sum of money that the buyer delivers to the seller in that same act previous to the signature of the deed of sale before Notary, whose consequences will not always be the same, but will depend on how it is regulated.
Traditionally there are three types of earnest money, although article 1.454 of the civil code only regulates one:
1.- Confirmatory Deposits: are those in which the buyer delivers a sum of money on account of the agreed price. These deposits are nothing more than an advance payment of the price and, therefore, they do not fulfill a guarantee function nor do they authorize to withdraw from the contract. If when the time comes the buyer does not pay the rest of the price or the seller does not deliver the thing, the injured party can choose between demanding the fulfillment or the resolution of the contract, with compensation of damages and payment of interests in both cases.
2.- Penitential Deposits: these are the deposits that authorize withdrawal. With them either of the contracting parties may unilaterally withdraw from the contract, at their own will, without the other party being able to demand performance or any kind of compensation. Therefore, the buyer will be able to desist losing the amount given as earnest money and the seller returning the same amount doubled. This type of earnest money contract is the only one regulated by the civil code and they are also the most popularly known, but the truth is that they are exceptional because they are only applied when they are expressly established in the contract.
3.- Penalty deposits: These are those that function as a guarantee of the fulfillment of the contract, substituting the compensation of damages but without authorizing the withdrawal. That is to say, if the buyer defaults, the seller can choose between retaining the earnest money as compensation for damages or demanding performance. If it is the seller who defaults, the buyer may choose between demanding performance or recovering the duplicate earnest money. The amount of the earnest money therefore operates as a kind of penalty clause, so that the compensation for damages is specified in that amount, although always subject to the moderating power of the courts.
In conclusion, we can say that only the penitential earnest money authorizes to withdraw from the contract. Both confirmatory and penal deposits oblige the parties to comply with what has been stipulated. The only difference between the last two is that in case of breach, the compensation of damages will have to be established by the judge in the case of the confirmatory ones, while in the penal ones it will be specified in principle in the amount of the earnest money.
The most advisable is to read these contracts carefully, making sure that they are well drafted and understanding the scope of the obligations assumed. If an earnest money agreement is established, in order to avoid interpretation problems, it is essential that it is clear from its wording what type of earnest money is involved and what its consequences are.
In any case, when initiating the purchase of any property, and negotiating the clauses of a deposit contract, it is best that you are previously advised by a lawyer specialized in real estate law, and for this you can count on us.
In addition to the above, it will be advisable that the non-resident foreigner who intends to acquire the property by means of sale and purchase, proceeds to the opening of a current bank account in Spanish territory, since by means of the same, they will be able to credit the means of payment of the price of the sale and purchase, as well as the payment of the taxes derived from the operation.
Once the previous conditions are fulfilled, the non-resident person will be able to acquire by means of contract of sale and purchase and without major problem the wished property, obtaining the same rights of property as any other Spanish citizen.
In the event that the seller is the foreigner or the non-resident Spaniard, it will also be required that the foreigner or non-resident Spaniard obtains the Foreigner’s Identification Number (NIE), so the seller must have such identity document in order to transfer the property owned by them.
In this way, the non-resident seller in Spain, through the sale and purchase transaction, will be subject to the following taxes: the Non-Resident Income Tax (IRNR) and the Tax on the Increase in Value of Urban Land (IIVTNU or municipal capital gains tax).
Purchase and sale of a property when the buyer or seller is a non-resident or a foreigner.
In Spain there is no restriction for a non-resident or foreigner to purchase a property, which can be done with exactly the same rights as a Spanish citizen.
The same applies when a foreigner, who was already a previous owner, wishes to sell a real estate property, although in this case, it will be necessary to take into account certain particularities, so that the legal transaction can be properly celebrated before a notary and subsequently registered in the Land Registry.
As it happens when the purchase and sale is carried out between two individuals, the purchase and sale of real estate requires that it is carried out by means of a public deed executed before a Notary Public so that it can be registered in the Land Registry.
This operation will entail the liquidation of the Capital Gains Tax, on the one hand, and on the other hand, the liquidation of the Stamp Duty or VAT, depending on whether it is a second hand property or a new construction.
The particularities to which we have referred above, will depend on whether the non-resident or foreign person is the buyer, or on the contrary, is the seller.
The Personal Income Tax Law, in its article 9, considers as a resident person, and therefore, not subject to the particularities that we will comment later on, those persons who:
– Stay more than 183 days a year in Spain.
– Have the core of their economic activities in Spanish territory, directly or indirectly.
– Are the spouse not legally separated with minor children residing in Spain.
Having mentioned the above, and for foreign or Spanish non-resident individuals who do not meet any of the 3 aforementioned requirements, the following considerations must be taken into account:
In the event that the purchasing party is the foreign person or the non-resident in Spain, he/she will be required, prior to the execution of the public deed, to obtain the Foreigners’ Identification Number (NIE), application that can be made in Spain, at the Foreigners’ Office or at the General Commissariat for Foreigners (Comisaría General de Extranjería), or in the Spanish Consular Offices located in the country of residence of the applicant, having to be attached a form or standardized application duly completed and signed, the original and a photocopy of the complete passport, or identity document, and a communication of the economic, professional or social causes that justify the request in question.
Notwithstanding the above, and in order to guarantee compliance with their tax obligations, the general rule is that in the event of the sale of real estate located in Spanish territory by non-resident foreigners, the Spanish purchaser or buyer is obliged to withhold 3% of the purchase price at the time of granting the public deed, and must pay this 3% of the value of the property, within a period not exceeding one month, to the Tax Authorities, by means of form 211, as payment on account of the Non-Resident Income Tax (IRNR in Spanish).
The exception to this general rule is that this withholding should not be carried out by the buyer in the event that the seller accredits with a certificate issued by the Tax Agency that they are subject to Personal Income Tax (IRPF in Spanish) or Corporate Income Tax (IS in Spanish). In this way, the buyer must deliver the receipt and proof of income to the seller so that the latter, within a period of no more than 4 months, declares the capital gain obtained to the Treasury through form 210, and, if applicable, may be refunded part of the same or pay what is pending taxation.
Likewise, and with regard to the Municipal Capital Gains Tax, which is the tax that every seller must pay in the event of selling his property to a third party in the event that there is an increase in the value of the land, it should be noted that also on this occasion the buyer must take the precaution of withholding from the purchase price the amount corresponding to the Municipal Capital Gains Tax in order to declare and pay said tax, all within a maximum period of one month. This is so because in the event that the seller does not pay the Capital Gains Tax, the property sold would be liable for the payment of the tax, all this with obvious prejudice to the buyer.
Therefore, and although the liquidation of the IRNR and the Municipal Capital Gains Tax is a duty of the selling party, the obligation is imposed on the buyer in the first case, and the recommendation in the second, to withhold the amounts that result in concept of both taxes because of the foreign element and because if said payment is not made on account of the buyer, it will be the real estate transferred which will be subject to the payment of the corresponding amount, with the buyer being ultimately prejudiced.
It is highly recommended that everything detailed in this article be included in the earnest money contract to be signed by the parties prior to the purchase-sale, since it must be remembered that the responsibility will fall on the real estate, being pertinent that all the agreements are correctly expressed, and it is advisable for this purpose to have the intervention of a lawyer in order to obtain maximum protection, security and also so that all the parties are informed beforehand, thus avoiding any controversy on the day of signing the deed at the Notary’s office, the intervention of a lawyer in order to obtain the maximum protection, security and also to the effects that all the parts are informed previously, avoiding in this way any controversy the day of the signature of the deed in Notary’s office, since the duty of retention of the IRNR turns out to be absolutely obligatory.
If you have any doubts, and you need our lawyers to draw up a deposit contract or to advise you in the whole process of buying and selling your property, or also to obtain the NIE, please contact us to request a meeting in our office or by telephone.
What is the duration of a rental contract in Spain?
In Spain, property rental contracts are subject to different legal rules depending on the property being rented (a household, premises, an office, a rural property, an industry, etc.); depending on the purpose of the rental (whether it is for permanent residence, seasonal, etc.), and; depending on the date of the contract.
In principle, the duration of a rental contract is freely agreed between the parties. However, in the case of residential rentals, the Urban Leases Law (LAU) protects the tenant so that he/she can enjoy a certain stability. Therefore, if the agreed duration is less than five years, the tenant has the possibility of being able to extend the rental contract annually, until the five years have elapsed since the beginning of the rental, and for seven years in the case of a legal entity (a company).
In other words, a tenant has the right to stay in the rented property for a minimum of 5 years (7 years if the tenant is a legal entity), regardless of whether the contract was signed for one year.
Furthermore, in the not very frequent case where no term has been stipulated or the term is indeterminate, the LAU states that these leases will be understood to be concluded for one year, without prejudice to the tenant’s right to an annual extension.
Once the term of 5 years (or 7 if applicable) has been reached, both parties can decide to terminate the contract, provided that they give the other party a certain period of notice, which is two months for the tenant and four months for the landlord. If no one notifies the other party of the intention to terminate, another new period would be opened in which the tenant can freely renew the contract year by year up to a maximum of 3 years.
While we are in the initial period of five years (or 7) or in the subsequent 3-year extension period, the tenant can only be forced to leave the rented house in some exceptional situations, such as the need for the landlord or their close relatives to use the property in cases of urgent need.
Subsequently, if at the end of this period of 3 years, the tenant remains in the rented property and the landlord does not say anything within fifteen days of the end of the period, the lease continues in what is called a tacit renewal. It is renewed for periods equal to that in which the rent was set in the initial contract: the duration of the new contract will be annual if the rent was set annually in the initial contract; it will be monthly, if the rent was set on a monthly basis. At this point, for everyone’s security, the best thing to do is to conclude a new contract between the parties, with the conditions that they consider appropriate.
According to article 9 of the Law on Urban Leases (LAU): “The duration of the lease shall be freely agreed by the parties. If this is less than five years, or less than seven years if the lessor is a legal entity, when the contract expires, it will be compulsorily extended by annual instalments until the lease reaches a minimum duration of five years, or seven years if the lessor is a legal entity, unless the lessee declares to the lessor, at least thirty days prior to the date of termination of the contract or any of the extensions, that he/she does not wish to renew it”.
The lessee may also withdraw from the lease after at least six months have elapsed, provided that he gives the lessor at least thirty days’ notice. The parties may agree in the contract that, in the event of cancellation, the lessee must compensate the lessor with an amount equivalent to one month’s rent in force for each year of the contract that remains to be fulfilled. Periods of less than one year shall give rise to the proportional part of the compensation.
The Housing Act in force since 26 May 2023 has introduced certain changes to the duration of the tenancy.
In the case of tenancies for primary residences signed since 26 May 2023 in which the property is located in a stressed residential market area, and within the period of validity of this area the initial mandatory extension period of up to 5 or 7 years or the subsequent tacit extension period of up to 3 years ends, if the tenant so requests, the lease may be extraordinarily extended by annual instalments, for a maximum period of another three years, during which time the terms and conditions established for the current contract will continue to apply.
This request for an extraordinary extension must be accepted by the lessor, unless other terms or conditions have been established by agreement between the parties, and a new lease contract has been signed with the appropriate limitations on the rent, unless the lessor has communicated, within the legal terms and conditions, the need to occupy the rented property to use it as a permanent home for themselves or for their relatives in the first degree of consanguinity or by adoption or for their spouse in the event of a final judgment of separation, divorce or marriage annulment.
In addition, if you sign the contract for a duration of 10 years or more, you can increase the rent by 10% compared to the previous contract.
On the other hand, and always, for housing contracts signed since 26 March 2023, in areas not declared to be in a stressed market, the new mandatory extension will affect large tenants and will be for one year. Once the 5 years have elapsed (or 7 years if the landlord is a legal entity), the tenant will have the right to request an additional year if they can prove that they are in a situation of social and economic vulnerability.
But for this, he/she must provide a report or certificate issued in the last year by the municipal or regional social services. In this case, the extension must be accepted by the landlord if he/she is a large landlord in accordance with the aforementioned definition (owner of 10 properties or 5 if required by the autonomous community in a stressed market area), unless a new rental contract has been signed between the parties.
It does not matter what is stated in the title of the lease that has been signed, but the reality of the purpose of the lease in question. “Contracts are what they are and not what the parties say”, case law reiterates.
We say this because there are landlords who think that by signing 11-month rental contracts they can escape the legal minimum duration rules. This is not the case, as it will always depend on the purpose of the rental. If the rented house is the tenant’s permanent home, the rental will be considered as a residential rental, with all the legal protection.
Therefore, as a piece of advice, if the tenant signs a seasonal contract, it is very important to make clear in the contract the purpose of the rental, which responds to the need for accommodation during the academic year, or during a temporary displacement for whatever reason, without the house being the permanent residence of the tenant, in which case it will be considered a seasonal contract.
Types of Evictions and Procedures
An eviction is a judicial procedure aimed at the recovery by the landlord of a property over which they hold ownership.
There are several types of eviction: firstly, eviction for non-payment, which the Law on Civil Proceedings allows to accumulate it to the action for claiming amounts, either the rent or amounts assimilated to it (those agreed in the lease, such as electricity, water, gas, etc.).
Therefore, and through this type of eviction, the landlord or owner may request the Court to recover the property or business premises so that the authorities can hand over the property and evict the tenant, proceeding to their immediate launch, also claiming the amount of the rent and other amounts owed assimilated to the rent.
It will be necessary to know, after the court summons, whether or not the tenant has filed a written notice of opposition within 10 days of notification of the claim, since if they have not done so, the eviction proceedings will be terminated without the need to hold a trial, and therefore, as a consequence, the court will proceed to execute the eviction of the tenants or occupants of the property without further ado, and furthermore, once the eviction has been carried out, they will be able to request from the Court the amount of the rents owed, proceeding to execute these amounts against the tenants, all of this, by virtue of Article 440. 3 of the Civil Procedure Act.
Another type of eviction takes place when the lease contract ends and the tenant does not voluntarily vacate the property, and is called eviction due to expiry or termination of the contractual term.
This eviction procedure is usually initiated by the landlord or owner of the property when the term of the lease has expired and the tenant does not voluntarily surrender the property. In this case, the Civil Procedure Act does not allow this claim to be joined to the claim for rent due.
In this case, despite the expiry of the term of the contract, the tenant refuses to vacate the property, which is why judicial intervention and the filing of a lawsuit in court is necessary.
Thirdly, there is also another type of eviction called eviction for precariousness, which is initiated by the owner, heirs, usufructuaries or any person with the right to possess the property due to the legitimate possession of a title deed.
In this case, the owner urges the person to whom he lent or allowed the property free of charge, without a written or verbal rental contract, or any other title, to vacate the property, in addition to not paying any kind of rent, and all this, in view of the refusal to return the property when the owner asks them to return it.
The fact of having paid the costs of utilities or any other type of tax or owner’s association fee, does not legitimise or allow the occupant or occupants of the property to continue to occupy the property, nor does it allow the eviction action for precariousness to continue.
In proceedings for precariousness, the plaintiff must prove sufficient title that legitimises their action to file the claim, while the defendant squatter must prove a title of ownership, lease contract or payment of rent that links him to the object.
This type of procedure is very common in inheritance disputes, when a family member makes improper use of an estate of which he or she is not the owner or of which they only an undivided share.
Finally, there is eviction due to illegal occupation of properties, to which Law 5/2018, of 11 July, more popularly known as the “Anti-squatting Law”, is applicable.
This case occurs when the owner is illegally deprived of his or her property without having given consent for its use, nor free of charge, but the occupants have gained access to the property illegally.
All the limitations offered by our legal system in the face of the serious problem of illegal occupation have prompted the legislator to undertake a reform of the Civil Procedure Act so that, without the need to resort to criminal jurisdiction, which is established in article 245.2 and concordant articles of the Criminal Code referring to the crime of usurpation of real estate, although our jurisprudence has come to point out that this remedy, as a criminal response, must be the “ultima ratio” reserved only for cases in which the disturbance has greater significance and gravity. Therefore, this mechanism can in no way be a general solution to the problem of illegal occupation of properties.
It is for this reason that the groups most affected by this phenomenon can find an agile and effective response from our Courts, in the civil sphere with Law 5/2018, which has introduced modifications to articles 150, 250, 437, 441 and 444 of the Civil Procedure Act with the aim of adapting and updating the traditional interdict to recover possession to this phenomenon, which is so unfortunately common nowadays.
Specifically, Article 250.1.4 of the Civil Procedure Act establishes that “The natural person who is the owner or legitimate possessor by another title, the non-profit entities with the right to possess it and the public entities that are owners or legitimate possessors of social housing may request the immediate recovery of full possession of a property or part of it, provided that they have been deprived of it without their consent”.
In addition, the same Law 5/2018 has introduced a section 3 bis to article 437 of the CPA by virtue of which it is permitted to address the claim “generically against the unknown occupants of the same, without prejudice to the notification of the same to whoever is in the property at the time of carrying out said notification.
Law 5/2018 has provided for a section 1bis in article 444 of the CPA, according to which, if the defendants do not respond to the claim within the legally established period, the judgement will be issued immediately. In the same way, the aforementioned section states that the only cause of opposition that the defendant may present in his response will be the existence of sufficient title to the claimant to possess the dwelling or the lack of title on the part of the claimant.
Finally, the aforementioned Law also states that “The judgement upholding the claim will allow its enforcement, at the request of the plaintiff, without the need for the twenty-day period provided for in Article 548 to elapse”. This provision introduced by Law 5/2018 is consistent with the legislator’s intention that those injured by the illegal occupation of their home should find a swift response from our Courts of Justice.
In our office, we have specialist lawyers to process your eviction as soon as possible. If you would like to know more about the specifics of your case, or if you need to recover your property, please do not hesitate to contact us.
Extension of the suspension of evictions and repossessions until 31 December 2024 according to Royal Decree Law 8/2023 of 27 December.
Although price evolution forecasts for 2024 are less pessimistic, the prolongation of the war in Ukraine and Russia, and the appearance of a new conflict between Israel and Gaza continue to introduce a strong element of uncertainty, which has led the government to consider that the withdrawal of the measures approved in recent years could have a rebound effect on prices, especially affecting the most vulnerable groups.
Consequently, and for this reason, Royal Decree-Law 8/2023 of 27 December has been approved, adopting measures to address the economic and social consequences of the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of the drought through certain protection measures in situations of vulnerability in housing.
This Royal Decree-Law 8/2023 amends in turn, and specifically, Royal Decree-Law 11/2020, of 31 March, which has been amended up to ten times, and in its article 87 specifically extends the application deadlines of article 1 on the suspension of eviction proceedings and evictions for vulnerable households without housing alternatives.
On the other hand, article 1 bis, on the suspension of eviction proceedings and evictions for economically vulnerable people without a housing alternative, extends the deadlines for requesting this suspension until 31 December 2024, as well as in other cases in which the eviction is the result of criminal proceedings.
The proceedings affected will be eviction trials on claims for rent or amounts owed by the tenant, or term expiration, as well as in other cases in which the eviction is the result of criminal proceedings, in which the launch of the habitual residence of those persons who are inhabiting it without any authorising title is substantiated, establishing the exception only when the entry or stay in the property has taken place through intimidation or violence against persons.
To initiate this request, the tenant can file an extraordinary suspension of the eviction or launch before the court for being in a situation of economic vulnerability that makes it impossible to find alternative housing for themselves and for the people with whom they live, having to prove this situation, which takes into account the income limit and the amount of rent plus expenses and supplies that are greater than 35% of the net income of the family unit.
This request by the tenant does not apply in the case of having properties in ownership or usufruct, or also to those who, being owners of a properties, can prove that it is unavailable due to separation or divorce, for any other reason beyond their control or when the property is inaccessible due to the disability of its owner or of any of the persons making up the cohabitation unit.
Article 88 of RDL 8/2023 states that the reference in the aforementioned Provision to “and until 31 December 2023” shall be understood to be made to 31 December 2024.
The Second Additional Provision of Royal Decree-Law 37/2020 established that landlords could request compensation when, in the three months following the date of issue of the report by the social services, the competent administration had not adopted the appropriate measures to address the accredited situation of vulnerability by facilitating access to decent housing for vulnerable people.
Likewise, the owners of properties affected by the measures adopted in accordance with Article 1a were entitled to apply for compensation provided that they can prove financial loss as the property was offered for sale or rent prior to the entry into the property.
The value consists of the average rental value of a property in the area plus the running costs of it, for the period between the suspension and the time when the suspension is lifted by the Court or until 31 December 2024. This application for compensation may be submitted until 31 January 2025, and the landlord must provide a reasoned and justified statement of the compensation.
We understand that we are facing another extension of the deadline for suspending evictions and launches for evictions, and, although we consider this measure to be appropriate to the crisis caused by the pandemic in March 2020, it is totally unacceptable that four years later, this continues to have a direct impact on landlords or owners who do not collect rent, or even worse, on occupants without any title who are inside their homes.
Aid for economically vulnerable tenants must without doubt exist, but it should be provided by the state through a social housing stock for these purposes.
As a consequence of the above, a clear decline in the residential rental market was foreseeable, as landlords preferred other types of rentals, such as seasonal or tourist rentals, as they are more secure in terms of avoiding non-payment of rent than long term rentals.
Steps to obtain a tourist rental licence in Andalusia
One of the best and most interesting options for investing in recent years is to use the property for holiday rentals, which is generating high profitability, linked, of course, to the growing tourism that we have in Spain, and especially in the province of Malaga.
In order to register a holiday rental it is essential to comply with a series of requirements, and especially with the regulations relating to holiday rentals, which will depend on the location where the property is located.
In the case of Malaga, the number of holiday homes has only increased in recent times. In fact, the capital city now has a total of more than 6,550 properties, while in the province this figure now stands at 39,041.
In order to obtain a tourist rental licence for a property, first of all, we need to know the current regulations, the requirements and the application procedures.
The tourist licence is a document issued by the local authorities that allows owners to rent their properties to tourists on a temporary basis. Its main purpose is to ensure that rental properties comply with certain regulations and quality standards, which contributes to the safety and satisfaction of guests.
Tourism regulations are the exclusive competence of the Autonomous Communities, which establish their own regulations on tourism and dictate the regulations on holiday rentals. In Andalusia, it is governed by Decree 28/2016, of 2 February, on housing for tourist purposes, amending Decree 194/2010, of 20 April, on establishing properties for tourist purposes.
There are several types of tourist licences, and their classification may vary according to geographical location. However, the two most common types of tourist licences for dwellings are:
– The housing licence for tourist use, intended for private residences that are rented for a specific period of time (days, weeks or months), and which can be offered by rooms or the entire property.
In Andalusia, properties for tourist purposes are those that are located on residential land, are prepared for immediate use and are offered as tourist accommodation in exchange for a price. These properties are promoted or marketed through various tourist channels such as travel agencies, intermediary companies or organisers of tourist services and other platforms that facilitate the booking of accommodation.
– On the other hand, the licence for tourist rental flats, which are establishments made up of a set of independent accommodation units, and which have a living-dining room, kitchen, bedroom and bathroom for the exclusive and private use of the user.
Likewise, in the case of dwellings in rural areas, they must be constituted as a rural house or as a rural tourist accommodation dwelling, all in accordance with the provisions of the applicable regulations, and only if they cannot fall into one of these two categories, may they do so as a property for tourist purposes.
The first step to obtain the licence for tourist use will be to obtain the licence of first occupation, which is a mandatory requirement not only in Malaga, but throughout Andalusia, which can be requested at the town planning department of Malaga Town Hall, through an appointment service.
By means of the certificate of habitability or licence of first occupation, they will check that the property meets the minimum requirements for it to be inhabited by people in terms of health, hygiene and solidity, establishing the useful surface area and the minimum surface area of the living spaces together with the minimum equipment that must be included: toilet, kitchen, hot water, etc.
In Andalusia, as specified in Decree 60/2010, of 16 March, which approves the Regulation of Urban Development Discipline of the Autonomous Community of Andalusia, each local council is responsible for arranging the procedure it deems appropriate for obtaining a first occupancy licence.
Subsequently, we must obtain a declaration of responsibility, which certifies that the technical conditions and quality requirements of the property are met, and also contains the details of it, such as the number of places available in the property, the details of the person who is going to operate the activity, as well as the contract that authorises the person to do so.
Finally, the interested party must register it in the corresponding registry in order to be declared a tourist rental, which is done automatically when the responsible declaration is presented. This procedure can also be carried out in person at the Tourism Office in Malaga, in the Andalusian Tourism Register.
In conclusion, the tourist licence is an essential requirement for any owner who wishes to rent out his property legally on the holiday rental market. Complying with regional requirements and regulations ensures the safety of guests and avoids legal problems. Before embarking on any holiday rental activity for tourists, make sure you are aware of the types of licences available, how to apply for them, the requirements needed and the associated costs. This will enable you to operate successfully and legally in this exciting and growing sector.
If you are thinking of renting out your property, from YourRealEstateLawyerInSpain, our team of lawyers can offer you the necessary solutions to facilitate the process and rent your holiday property in a simple, safe and very profitable way.
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