28 Jul Homes for tourist purposes. Tourist License (VFT). What it is & how to obtain it.
Can my home be used for tourist rental?
In accordance with current law, vacation rental apartments or homes for tourist purposes are considered to be those that, being on residential land, offer the accommodation service on a regular basis and for tourism purposes. That is, with marketing and promotion through the supply channels of this area, such as agencies, websites or media that offer the reservation service. In Andalusia they can be both complete houses, (they are transferred in their entirety) and their maximum capacity cannot exceed 15 places, or dwellings by rooms, (the owner must reside in it) and cannot offer more than 6 places. In none of the cases can the four places per room be exceeded. However, not all homes are capable of being used for this purpose, for various reasons.
Those that are transferred without economic consideration cannot be registered as housing for tourist purposes:
- The properties rented for a period of more than two months continued by the same person, which is considered a long-term rental, and is regulated in the Urban Leasing Law.
- The accommodations located in the rural environment, which have their own regulation.
- The groups formed by three or more houses of the same owner that are located in the same building, complex or in adjoining buildings, regulated by the tourist apartments regulations.
- If the home you want to use for tourist rental is a VPO, it cannot be used for this activity, given that the corresponding public protection regime indicates that it must be used for habitual and permanent housing. However, they are allowed to make a room available for tourism purposes, provided that the main use of the house is that of habitual and permanent residence by its owner.
What requirements must the property meet to accommodate tourists?
Once the property complies with the parameters of housing for tourism purposes, the owner must now comply with the requirements of the Andalusian regulations to be able to operate the property as tourist accommodation. The first requirement is to have an first occupation license and comply with the technical and quality conditions required. Between them:
- The rooms will have direct ventilation to the outside or to patios and some system of darkening of the windows.
- The floors must be furnished and have the necessary appliances and equipment for immediate use.
- They must have refrigeration by fixed elements in the rooms and lounges, when the period of operation includes the months of May to September. If the period of operation is from October to April, both inclusive, must have heating.
- The houses must be equipped with a first aid kit and Complaints and Claims Sheets available to users and a sign indicating it in a visible place.
- They will have a cleaning service at the entrance and exit of new clients.
- It is compulsory to provide travelers with tourist information on the area about entertainment venues, restaurants and cafes, shops and food stores, parking lots, medical services, urban transport, a map of the town and an entertainment guide.
- The floors must have bedding, lingerie and household items in general depending on the occupation of the house. Also, they will have to have a replacement game.
- The owners are obliged to provide users with a telephone number to attend and immediately resolve any queries or incidents related to the home, as well as information on the internal regulations regarding the use of the facilities, dependencies and equipment of the housing, as well as the admission and existence of pets in the house or restrictions for smokers.
What documents are needed for the responsible declaration?
Although it is only mandatory to present the Responsible Statement form, the mediation of our office will expedite the procedures of your file since, on a voluntary basis, we will collect and deliver the following documents:
- Copy of the first occupation license or equivalent document (if you do not have it, check with your town hall).
- Title for the management of the house, that is to say, deed of ownership or contract assignment of use as a house for tourism purposes.
- Copy of the identity documents of the owner of the property or the contract of assignment of use.
- Copy of the IBI or other document proving the cadastral reference.
- Certificate of registration of the owner of the house (only if it is the ‘per room’ type).
At Ramallo Abogados we advise you on the preparation and processing of licenses to exploit your assets for tourism and vacation purposes. In addition, we guide you in the purchase process, and we help you to leave your home working to obtain profitability.