María del Mar Málaga Property Lawyer

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01 a house in Mijas june 2022

https://mijascomunicacion.com/actualidad/30801/la-nueva-ley-de-alquiler-turistico-se-expone-a-los-residentes-extranjeros-de-mijas/

La nueva ley de alquiler turístico se expone a los residentes extranjeros de Mijas La cita contó con la asesoría del despacho de abogados de María del Mar Núñez y Marta Nacarino

Invitation at the Town Hall of Mijas.

MAIN CHANGES IN THE REGULATION OF HOLIDAY RENTALS IN ANDALUSIA

ANDALUSIA is a leading tourist region in Spain known for its rich culture, history, and stunning landscapes. Andalusia attracts millions of visitors each year

which it is the DEFINITION OF TURIST PROPERTIES : " Those properties with the corresponding equipment to be inmediately used, located on buildings where an accomodation service is offered in exchange for a price in the Region of Andalusia, on a regular basis and for Tourism purposes" EXCLUSIONS a).- Those properties that, due to holiday or tourist reasons, are handed over without any financial compensation. b).- Those properties rented to the same person for a period exceeding two months c).- Properties located in rural areas d).- Joing groups of Tourist apartments AND MAY NOT BE USED AS TOURIST PROPERTIES a) Those properties subject to public protection regimes. b) Properties located in buildings where there is an express prohibition on tourist accomodation activity c) Accommodation units locaetd in Tourist accommodation stablishments d) Properties in situations of "asimilado a fuera de ordenación" (similar to against Town Hall Planning regulations) WHAT ARE THE REQUIREMENTS AND COMMON SERVICES OF TURIST ACCOMODATION 1.- To comply with municipal urban planning regulations. The Registration in the Registry of Torusm will be inmediately communicated to the Town Council. 2.- To have a mínimum built área of 25 square meters for main use of the property, and a mínimum of 14 square meters of surface per person. 3.- To have at least 2 bathrooms in case the property is offered for more than 5 people and at least 3 bathrooms if the property is offered for more than 8 people. 4.- To have cooling and heating sistems, through fix or portable devices in romos and living-rooms (Cooling sistems are mandatory when renting out from May to August, and heating sistems when renting during December, January, February and March.
5.- To be sufficently furnished and equipped with necessary appliances and utensils for inmediate use, according to the number of occupants, including television and channel information, to have power outlets in all romos, and basic supplies for habitability, such as electricity and hot and cold running wáter. 6.- To have first aid kit. 7.- Provide tourist information about the área, leisure áreas, restaurants and cafes, shops, nearest parking lots, medicals services, urban transportation and map ot the town. 8 .- To provide instruction manual for household electrical appliances and other devices in the property. 9.- Specific requirements and equipment for bedrooms, living-romos, kitchens and bathrooms. 10.- Bedrooms and living rooms must have direct ventilation. Beds measures should be at least 80x190 cm for single beds and 135 x 190 cm for double beds; provide a wardrobe or space for clothes for every four occupants with an adequate number of hangers; liighting point near bed. Mattresses must have a mínimum tickness of 18 cm. Well preserved bedding, linens, blankets or duvets and pillows.- KITCHENS must have direct ventilation for air renewal. It must be equipped with a mínimum of 2 burners, and oven or microwave, refrigerator, utelsils suitable for the accomodation capacity; small appliances. Storage furniture. Cleaning utensils and products. Clothesline, iron and ironing board. Selective waste separation. Smoke detector. Fire extinguisher.- BATHROOMS must have a direct or forced ventilation for air renewal; have 2 bathrooms if the number of occupants is more that 5 and 3 bathrooms if occupants is more tan 8. And the bathroom must be equipped with toilet, sink, bathtub, or shower. Toilet must be separated and closed. Anti-slippering floors in bath tubes and showers; to provide hand soap, shampoo…
OWNERS OBLIGATIONS- To Provide 24 hour telephone assistance number- To clean the property when guests are arriving or leaving.- To have oficial Complaints and Claims Forms from the Andalusian Government- To inform guests about convivence community rules, restricted áreas, whether pets are allowed or not, whether smoking is allowed or not, where to place trash and local regulations for enviroment protection against noises and vibrations.- An evacuation plan must be posted on the door - To provide receipts of payment and to provide the correspondent invoice when aplicable.

WHAT ARE THE MAIN NOVELTIES INTRODUCED BY DECREE 31/2024?

1.- Change of name: Holiday rental properties are now known as Properties for Tourist Use (VUT-Viviendas de Uso Turístico) instead of Properties for holiday purposes (VFT-Viviendas con Fines Turísticos), as known before.

2.- The registration statement (declaración responsable) must specify the periods in which the property will be rented, as otherwise, it can be considered as a clandestine activity, and the license can be cancelled

3.- The registration statement must be signed by the person who really operates the property, being defined by the Decree as the individual or company who carries out the main activities related to the exploitation, such as handing over the keys, reception of guests and attention during the stay, maintenance of installations and equipment, cleaning and invoicing
4.- No obligation to provide FOL (First Occupation License) when regsitering. But at my office we recommended it .
5.- Obligation to provide confirmation that the holiday rentals are not forbidden by the community of owners. From 2019, the community may, by a three-fifths majority, limit or condition the exercise of this activity, as well as establish surcharges on the fees of up to 20%. This would not, however, affect existing tourist rentals
6.- Municipalities can limit the number of VUT per building, sector, área or periods, due to reasons of general interest. The Decree clarifies that these limitations must be based on clear, unequivocal and objective criteria, which have been duly publicized prior to their application

DEADLINES
- All communications with the Registry of Tourism shall be online.- Deadline of SIX MONTHS from 22nd February 2024 to:
a.- adapt the number of persons the property is offered for according to the new requirements.
b.- communicate the periods in which the property will be rented out.
c.- communicate details of the exploiting company or person.- Deadine of ONE YEAR from 22nd February 2024 to adapt the furniture to the new requeriments.

MARIA DEL MAR NÚÑEZ ALBA
PROPERTY LAWYER
MOBILE +34670856102
MARIADELMAR@MARIADELMARABOGADA
BULEVAR DE LA CALA EDIF CARREFOUR, 1ª PLANTA OFICINA 10 DE LA CALA DE MIJAS

PÁGINA 14
14 PAGE MIJAS SEMANA
MY COLABORATION WITH TOWN HALL OF MIJAS

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I had the pleasure to be at Mijas Town Hall to explain about main changes in the regulation of HOLIDAY RENTALS IN ANDALUSIA

THANK YOU VERY MUCH TOWN HALL OF MIJAS

https://mijascom.com/?a=30801&_gl=1*e7jlf7*_ga*MTY1NTIyNTg3NC4xNzE1OTM3Njkw*_ga_HMNZT6VHNB*MTcxNTkzNzY4OS4xLjEuMTcxNTkzNzc3OS4wLjAuMA..

Thank you Mijas Town Hall.

Today it was a pleasure to explain at Town Hall of Mijas the current situation of tourist rental properties

Extranjeros organiza una charla informativa sobre regularización del alquiler vacacional | Mijas Comunicación

Extranjeros organiza una charla informativa sobre regularización del alquiler vacacional Contará con la colaboración del despacho de abogados de María del Mar Núñez Alba y Marta Nacarino