Published on 08/03/2016 by Jaime Morales/Teresa Morales




Characteristics of tourist dwellings:


  • Dwellings located in Andalusia in buildings that comply with any of the following:


  • The distance between the building and the beach (ribera del mar) is 500 metres or less.
  • The distance between the building and the beach (ribera del mar) is between 500,01 metres to 1000 metres,  as long as the access to the beach is less than 1.500 metres.
  • The building is in a town or development (núcleo de población) with a number of inhabitants, according to an updated census, over 20.000.


  • The only service offered regularly is as holiday accommodation lodging;
  • They are offered and promoted through tourism channels in exchange for money. Tourism channels = travel agencies, companies that intermediate or organize tourism services and channels which include the possibility of booking online.  




Types of tourist dwellings:


  • Complete. Capacity: maximum 15 paying lodgers.
  • Per rooms. The owner has to live in the property. Capacity: maximum 6 paying lodgers.


In both cases, no more than 4 paying lodgers are allowed per room.




Requirements for tourist dwellings:


  1. First Occupancy Licence or equivalent document.
  2. Ventilation of the rooms to the exterior or patios and shutters on windows*.
  3. Furnished rooms fully equipped according to the number of lodgers.
  4. Air conditioning in every bedroom and living room if the dwelling is offered between May and September and heating if it is offered between October and April*.
  5. First aid kit.
  6. Tourist information about the area, amenities, restaurants, cafes, shops, groceries stores and the closest parking areas, medical services, urban transport, map of the area and guide of local shows.
  7. Complaints book and a visible poster of its availability.
  8. Cleaning service at the entry and exit of new lodgers.
  9. Bedding, linen and household appliances according to the number of lodgers and a spare set.
  10. Phone number in order to immediately solve any problem or question related to the dwelling.
  11. Information and instructions on how to use the appliances and devices of the dwelling.
  12. Information on the use of the installations, rooms and facilities of the dwelling, about pets and smoking restrictions.


* Requirements b) and d) will not be required when the property or building in which it is situated is grade listed and the level of protection does not allow any of the building works, modifications or interventions required to comply with the above conditions.




Registration code:


Owners must register their properties at the Andalusia’s Tourism Registry as “tourist dwellings” by filing an application form with the Consejería de Turismo where their dwellings are located. Once they are registered, the owners will receive a registration reference code which must be quoted on all advertisements where the dwelling is offered.




Consequences of non-registration:


If owners begin the tourist activity without registering their properties as “tourist dwellings” with the Andalusia’s Tourism Registry, it will be dee0med a clandestine activity and a serious offence with penalties ranging from 2.001 euros to 18.000 euros. Additionally, they can be punished with the suspension of the tourist activity for less than 6 months or the closure of the accommodation for less than 6 months.




Dwellings excluded from this regulation:


  • Dwellings offered regularly as holiday accommodations free of charge.
  • Dwellings used by the same lodger for a continuous period of time over 2 months.
  • Dwellings located in rural land or environment, which means the number of inhabitants of the town or village (núcleo de población) where the dwellings are, according to an updated census, is under 20.000 people and the distance between the building and the beach is more than 1.000 metres or, if the property is between 500,01 metres to 1.000 metres but the access to the beach is more than 1.500 metres.
  • Groups of 3 or more dwellings located in the same building or group of buildings contiguous or not owned by the same person.  


Photo by Humphrey Muleba on Unsplash

I am buying a second home in the Costa de la Luz, and am thinking of renting it out on a short-term or possibly a longer-term basis. Do I need a licence to rent it as a holiday home, and what does a contract for a longer-term let need to include?

Published on 06/07/2012 by Jaime Morales Conde Founding partner of the law firm ATKINS&MORALES; Bilingual lawyer (Spanish/English) of the Ilustres Colegios de Abogados (Bar Associations) of Seville and Cadiz, with offices in both cities.


Law 29/1994, of 24th November, on Urban Leasing (LAU) establishes two broad categories of leasing: one where the property is used for residential purposes and another for properties which are used by the tenant for a purpose other than as a permanent residence, which includes “seasonal rentals”.


In principle, the LAU does not require a licence for seasonal rentals. However, although this may be the case in principle, it is important to point out that if the property has been classified as “Holiday Accommodation for Tourists”, and is therefore regulated by LAW 12/1999, of 15th December, on Tourism in Andalusia, it must be registered on the Tourism Registry of Andalusia, and moreover, if required, the tenant must hold the appropriate licences or permits granted by the relevant competent authorities.


In order to protect the interests of the landlord and tenant, the property rental contract must cover all the minimum conditions, as established in Title II of the LAU (term, price, deposit, building work, inventory, etc.) and in the absence thereof, the Civil Code; albeit that the interests of each of the contracting parties must be treated differently, and thus it is advisable to seek specific professional advice in this case.


Lastly, in terms of the execution of the contract, the LAU allows the parties the freedom of choosing between an oral agreement, which is not advisable, or in writing. Moreover, the law expressly grants the parties to any rental contract, whatever its term may be, the right to access the Property Registry.

Photo by Johan Mouchet on Unsplash