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March 8, 2016
The Junta de Andalucía has just published the Decree 28/2016, which hereafter will regulate the functioning and controlling of the so-called ‘apartments with touristic purposes’ in Andalusia.
This regulation appears with the aim of finishing with a clandestine reality that was becoming more popular in Spain, especially in Andalusia and its massive influx of tourism: the preference of tourists in establishing closer relations with the local residents, booking private apartments rather than conventional hotel establishments and more.
Based on the following list of characteristics it is possible to differentiate the apartments for touristic purposes, as defined by this rule, from others:
Besides, the Decree highlights four cases where the regulation would not apply:
As a result of this new rule, the apartments that fit under the concept for touristic purposes should meet the minimum requirements of security and quality guarantee in order to avoid unfair competitive environment with respect to other touristic installations. However, these requirements established by the Junta for these apartments are proportional and lighter than the ones referring to other kind of touristic accommodation.
From the 11st of May of the present year, it will be necessary to register at the Andalusian Touristic Registry to be entitled to offer an apartment for touristic purposes. Otherwise it will be considered as a clandestine activity, which could be subject to inspection and a fine. Nevertheless, a one-year period has been granted for the given apartments to meet any of the necessary requirements as outlined by the new regulation.
With this in mind, at Lexland we have highly skilled professionals who specialize in Real Estate and Urban Law and who can offer advice tailored to your needs and with assurance that the given advice fully complies with the new regulations.