Tourism leases in Andalusia. What should we know?

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Tourism leases in Andalusia. What should we know? 

The growing tourist demand in Spain causes an increase of the leases of residential dwellings. If you are a property owner and you are thinking of renting it for tourist purposes, you must know what is required by law.

Each autonomous community has its own legislation in this respect, in this article, we will focus on the regulations applied in Andalusia, specifically in Decree 28/2016, of February 2, on housing for tourism purposes.

The first point to keep in mind is that this regulation only affects leases with a duration of less than two months. If the intention is to rent the property for a longer time, the legislation that will be applied then is Law 29/1994, of November 24, on Urban Leases.
Let us take a closer look at what concepts Decree 28/2016 establishes: in its third article, establishes that houses for tourism purposes are understood to be those located in properties located on land for residential use, where the accommodation service of Usual way and for tourist purposes. It will be presumed that there is habituality and tourist purpose when the house is commercialized or promoted in channels of tourist offer. What are these channels? Travel agencies, companies that organize or organize tourist services and channels that include the possibility of booking accommodation.

If you meet these requirements, you must know what the law requires so that you can rent your home in accordance with the legislation:


– Have an occupation license and comply with the technical and quality requirements.
– The rooms must have direct ventilation to the outside or to patios and some system of darkening of windows.
– The houses must be furnished and equipped with the necessary appliances and equipment for immediate use.
– When the lease period comprises the months of May to September, they must have refrigeration by fixed elements in the rooms and lounges. When the period includes the months of October to April, both inclusive, they must have heating.

-Have a first aid kit.
– Tourist information about the area (leisure spots, restaurants and cafes, shops and food stores, parking, medical services, urban transport, local map and show guide).
– Have Complaint and Complaint Sheets and a sign indicating it in a visible place.
– Cleaning of the house at the entrance and exit of new users.
– Bed linen, lingerie, household goods, etc., depending on the occupation of the house. There will also have to be a spare game.
– Provide the users with a telephone number to attend to and immediately resolve any queries or incidents relating to the dwelling.
– To have at the disposal of the users information and operating instructions for appliances or other devices that require it.
– Inform internal rules regarding the use of facilities, units and equipment of the dwelling, as well as the admission and existence of pets in the house, restrictions for smokers, etc.


Given the extreme hardness and vigilance with which these types of contracts are reviewed, if you are looking for more information about it or you are thinking of renting your property for tourism purposes, do not hesitate to contact Del Canto Chambers, our legal team will advise you to avoid any legal dispute.