Almeria North Coast Regulation

Holiday Rentals in Andalucia: Types of Tourist Accommodation, Regulations and Requirements

Holiday rental regulations in Andalucia distinguish between different types of tourist accommodation depending on their characteristics, operation model, and services provided.

The most common categories are:

•          Tourist apartments.

•          Tourist-use properties (VFT – Viviendas con Fines Turísticos).

•          Rural tourist accommodation properties (VTAR), mainly intended for properties located on rural land.

Although all of them form part of Andalusia’s tourism sector, each category has different legal requirements, limitations, and obligations.

What Is a Tourist Apartment in Andalucia?

Tourist apartments are mainly regulated by Decree 194/2010 of the Andalusian Regional Government.

A tourist apartment establishment is generally defined as a group of accommodation units operated jointly by the same owner or management company for tourism purposes, fully equipped with furniture, kitchen facilities, and the necessary amenities for guests.

Unlike tourist-use properties (VFT), tourist apartments are legally classified as tourist accommodation establishments, meaning they are subject to stricter operational and regulatory requirements.

Classification of Tourist Apartments

Tourist apartments are classified according to:

1. Category

The category depends on the quality, equipment, and services offered, and ranges from 1 to 4 keys.

The higher the category:

•          The larger the accommodation spaces must be.

•          The stricter the equipment and service requirements become.

2. Type or Location

The classification also depends on the property’s location:

•          Beach.

•          City.

•          Rural.

•          Roadside.

Each type may be subject to different urban planning and technical requirements.

What Is a Tourist-Use Property (VFT)?

Tourist-use properties, commonly known as VFTs, are regulated under Decree 28/2016.

They are defined as residential properties offered regularly for short-term tourist accommodation in exchange for payment.

The authorities generally consider a property to be used for tourism purposes when it is advertised through:

•          Holiday rental platforms.

•          Travel agencies.

•          Tourist management companies.

•          Other tourism-related advertising channels.

Special Features of VFTs in Andalucia

Andalusia has some specific rules regarding VFT properties:

•          Tourist room rentals are allowed, provided the owner lives in the property.

•          If the same owner operates three or more properties within a radius of less than one kilometre, the activity may no longer qualify as a VFT and may instead fall under tourist apartment regulations.

Main Differences Between Tourist Apartments and VFTs

Although both categories allow short-term tourist rentals, there are significant differences between them.

Tourist Apartments

•          They are classified as tourist accommodation establishments.

•          They may provide additional hotel-style services.

•          They must operate under unified management.

•          They do not have a specific maximum guest capacity, although they must contain at least three accommodation units.

•          Maximum stays are generally limited to 45 days.

•          They are subject to stricter regulations.

•          They must comply with more demanding accessibility and operational requirements.

•          Cleaning services must be included in the rental price.

Tourist-Use Properties (VFT)

•          Their activity is limited mainly to accommodation services.

•          They cannot provide certain hotel-style services.

•          They have a maximum guest capacity:

- Up to 15 guests when renting the entire property.

- Up to 6 guests when renting by rooms.

•          Bedrooms cannot contain more than 4 beds.

•          Maximum rental periods are limited to 60 days.

•          Administrative procedures are simpler.

•          Cleaning services may be charged separately.

Which Option Is Usually More Practical?

For most private owners, registering a property as a tourist-use property (VFT) is generally the easiest and most practical option.

This system involves fewer administrative procedures, lower compliance requirements, and simpler day-to-day management, although it also limits certain services and capacities.

Tourist apartments are usually more suitable for larger or professionally managed operations.

Holiday Rental Regulations in Andalucia

Andalucian tourist accommodation regulations are based on several laws and decrees, including:

General Tourism Law

•          Law 13/2011 on Tourism in Andalucia.

Specific Regulations

•          Decree 194/2010: Tourist apartments.

•          Decree 28/2016: Tourist-use properties (VFT).

•          Decree 20/2002: Rural tourism and active tourism.

Properties Located on Rural Land

If the property is located on rural land, it will generally not qualify as a VFT.

In these cases, the available options usually include:

•          Rural houses.

•          Rural tourist apartments.

•          Rural Tourist Accommodation Properties (VTAR).

General Requirements for Holiday Rentals in Andalucia

Certain obligations apply to all types of tourist accommodation in Andalucia.

Proof of Ownership or Right to Operate

The operator must prove either:

•          Ownership of the property, or

•          Legal authorisation to operate the property for tourist purposes.

Energy Performance Certificate

All tourist accommodation properties must have a valid Energy Performance Certificate.

The energy rating must also appear in advertisements and rental agreements.

Official Complaint Forms

All tourist accommodation must provide official complaint forms and display the corresponding information notice in a visible location.

Guest Registration

All holiday rentals must register guests and submit their details to the relevant authorities through the official systems.

Cleaning Service

Both tourist apartments and VFTs must guarantee adequate cleaning services.

However:

•          Tourist apartments must include cleaning within the rental price.

•          VFTs may offer cleaning as an additional paid service.

Customer Assistance Telephone Number

Owners or managers must provide guests with a contact number for emergencies or incidents during their stay.

Specific Requirements for Tourist Apartments

Tourist apartments are subject to more demanding regulations.

Reception and Customer Service

Establishments with a capacity of 10 guests or more must provide a reception area and permanent customer service.

They must also offer services such as:

•          Reservation management.

•          Key handling and custody.

•          Tourist information.

•          Complaint management.

Minimum Dimensions and Equipment

Minimum dimensions and equipment standards depend on the apartment category and type.

The higher the category, the stricter the space and equipment requirements.

Water Supply Storage

Properties not connected to the municipal water network must have water storage systems capable of covering minimum consumption requirements.

Mandatory Information Inside the Accommodation

Each accommodation unit must provide information regarding:

•          Prices and rates.

•          Available services.

•          Emergency and evacuation procedures.

Lighting Requirements

Accommodation units must comply with minimum lighting standards and provide adequate electrical installations.

Identification Plaque

The establishment must display an official identification plaque indicating:

•          Accommodation group.

•          Category.

•          Type or modality.

Management Responsibility

Certain tourist apartment establishments must appoint an officially responsible manager and notify the Andalucian authorities accordingly.

Specific Requirements for Tourist-Use Properties (VFT)

Approval from the Homeowners’ Association

If the property belongs to a homeowners’ association, owners should verify that the community rules do not prohibit tourist rentals.

Basic Equipment

The property must be fully furnished and equipped for immediate use.

This includes:

•          Basic household equipment.

•          Kitchen appliances.

•          First aid kit.

Tourist Information for Guests

VFT properties must provide guests with useful local information regarding:

•          Transport.

•          Shops.

•          Restaurants.

•          Medical services.

•          Parking facilities.

•          Tourist attractions and leisure activities.

This information may be provided in physical or digital format.

Instructions for Appliances

All appliances must include accessible user instructions for guests.

Occupancy Licence

The property must have a valid occupancy licence, completion certificate, or equivalent legal document proving the property is habitable.

The maximum guest capacity cannot exceed the limit authorised in the occupancy documentation.

House Rules

VFTs must provide guests with house rules covering matters such as:

•          Use of common areas.

•          Pets.

•          Smoking.

•          Internal rules and restrictions.

Ventilation and Window Blackout Systems

Properties must provide:

•          Direct ventilation to the exterior or internal patios.

•          Window blackout systems such as blinds, curtains, or shutters.

Some protected or historic buildings may qualify for exemptions.

Conclusion

Holiday rentals in Andalucia are subject to extensive regulations that vary depending on the type of tourist accommodation involved.

Before starting any tourist rental activity, it is essential to determine which category best suits the property and ensure full compliance with all administrative, urban planning, and tourism requirements established under Andalucian law.

Proper planning from the outset can help avoid legal issues, penalties, and future operational limitations.