Last updated: 5/15/18
Airbnb is planning to implement a new protocol for accommodation listings in Andalucia that makes it easier for hosts to comply with tourism regulations.
Hosts on Airbnb platform in Andalucia can apply for inclusion of their tourist accommodation registration number or declare exemption from this obligation directly on the Airbnb webpage.
Below are the answers to the most frequently asked questions about the implementation and compliance process.
What does current Andalucian legislation say about tourist accommodations?
Before renting your accommodation, you need to find out if it is among the types of tourist accommodations covered by tourism legislation. If it is the case, before renting your lodging, you need to submit an affidavit to the competent tourism board. This will allow you to rent your accommodation from the moment the affidavit is submitted. The tourism authorities will automatically enter your accommodation in the Tourism Register of Andalucia, and you will be assigned a registration number.
What does this registration entail?
The registration number confirms the entry of the establishment in the Tourism Register of Andalucia. The tourism authorities will provide you with your registration number.
Who needs to register?
All tourist accommodation establishments covered under the Andalucia Tourism Act and its implementing regulations.
The entry of dwellings to be used as tourist accommodations will be mandatory when they are dwellings or rooms located on residential land, they are rented for tourist purposes, in exchange for money, and they are marketed through tourist offering channels such as travel agencies, companies that broker or organize tourist services and channels that include the possibility of booking an accommodation, as indicated by Decree 28/2016, of February 2, on dwellings to be used as tourist accommodations and amending Decree 194/2010, of April 20, on tourist dwelling establishments.
Dwellings that do not meet the above requirements, or ones leased to a single person for more than two months on a continuous basis, to which civil laws (Civil Code and Urban Leasing Act) will apply, do not need to be registered.
In any case, the existence of circumstances that determine that tourism legislation does not apply to the rental must be able to be verified by documents or some other sufficient proof.
What happens if I want to rent my accommodation solely on a long-term basis? And what if my accommodation is a rural country house, a tourist dwelling or a rural tourist accommodation dwelling?
If you only plan to rent your accommodation to a single guest on a continuous basis for more than two months, tourism law does not apply, in which case you wouldn’t have to submit an affidavit or obtain a registration number in the Tourism Register of Andalucia.
Tourism legislation covers different types of tourist accommodations:
- Hotel establishments (hotels, hostels, boarding houses and hotel-apartments)
- Tourist apartments
- Tourist campgrounds
- Rural country houses
- Rural accommodation tourist dwellings
Each of these accommodation types is regulated by its own rules for compliance, with specific requirements regarding the minimum conditions and characteristics and the need for tourism licenses and registration. These include:
- Decree 47/2004, of February 10, 2004, on hotel establishments
- Decree 194/2010, of April 20, on tourist dwelling establishments
- Decree 164/2003, of June 17, 2003, on tourist campground planning
- Decree 20/2002, of January 29, 2002, on rural tourism and active tourism
How do I register?
These are the steps you need to follow to apply for a registration number, to add an already existing license number or to declare that your accommodation is exempt from this requirement:
- Sign in to airbnb.es and access Your listings
- Click on your listing for accommodation in Andalucia
- Click on Registration at the top of the page and then select an option
- Follow the instructions to register or exempt your listing and when you finish, click on Next and then Submit
- Repeat this process for all the accommodations you have in Andalucia
What if I’ve already registered?
If you’re already registered, follow the above steps and add your accommodation license number to each of your listings in Andalucia.
What happens if my accommodation is exempt from this obligation?
To claim exemption, follow the steps described above and state that your accommodation is exempt from this obligation.
How much does it cost to register?
The registration process is free.
How often do I have to renew my registration number.
You don’t need to renew it. The number is valid while the accommodation maintains the conditions and requirements imposed by the F any of the accommodation data changes, you must notify the Andalucian authorities. You also need to update the listing on Airbnb platform to reflect the new information.
What documents do I need to provide to the Andalucia tourism board so that my tourist accommodation dwelling can be registered in the Tourism Register of Andalucia?
You need to submit an affidavit to the tourism office with jurisdiction in the matter, demonstrating compliance with the requirements established under Decree 28/2016, of February 2, on dwellings to be used as tourist accommodations and amending Decree 194/2010, of April 20, on tourist dwelling establishments, providing the following information and documents:
- Identification data of the dwelling, including its land register reference, and its capacity according to the occupancy license or equivalent document
- Data pertaining to the owner and address for notification purposes
- Identification of the person or operator and title entitling this person or operator, if they aren’t the owner of the dwelling
If you have a digital certificate, you can download this form.
If you do not have a digital certificate, you can download this form.