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New requirements for holiday homes. Spain's central government has just announced the creation of a single register in which all holiday or seasonal rental properties must be registered in order to obtain the obligatory code to be able to market themselves on any digital platform such as Airbnb, Booking and other real estate portals and agencies.
But how does this register fit in with the register of tourist properties that already exists in Andalucía with the Junta's tourism ministry? What do property owners in the region who already have their code have to do to continue using the platforms? A total of 82,454 tourist properties are in operation in the region, of which 41,038 are concentrated in the province of Malaga. Their owners are beginning to worry about this new procedure with which central government intends to ease the growing number of protests from members of the public as part of the housing crisis.
Although little is yet known about the new national register, housing minister Isabel Rodríguez explained some of the key aspects of this new regulation on tourist and seasonal housing after presenting the proposal to government ministers at their cabinet meeting on Tuesday. She explained that it is a substitute for a European directive on the same issue and that it will come into force on 2 January next year, with a test phase yet to be defined. She further explained that it will oblige owners of properties that want to rent them out for short periods to incorporate them into a single register in order to obtain a code before being allowed to market them.
According to the decree submitted for public hearing, landlords are obliged to obtain a registration number, provide the information required for registration or annual renewal, meet any requests for information and provide the online platforms with the registration number that has been assigned to each by land registry or the register for real estate. The online platforms, for their part, are obliged to ensure that landlords identify their properties with this number in their applications and that it is visible in the advertisements. The procedure for requesting the registration number will be carried out through the central electronic office of the Colegio de Registradores (Spain's professional body for property registrars).
In Andalucía the decree of last February that regulates tourist homes in the region already includes the obligation to be registered in the region's own tourism register overseen by the Junta. With this procedure, every owner receives a code with which to market their property on holiday rental platforms. This registration can be done online and consists of the presentation of a declaration of responsibility together with a series of documents related to the property in question, in which the owner guarantees compliance with the requirements and quality standards demanded by this regulation.
In view of the national register now announced by central government, Andalucía's regional tourism ministry has announced that property owners in Andalucía will not have to make any changes to the current procedure, given that it will be the Junta that will be responsible for sending the data from the regional register to the national register. In other words, any property registration will continue to be submitted to the regional registry in accordance with the Andalusian decree.
As explained by the tourism ministry: "By means of a computer data transaction we would provide the State with the list of registered dwellings and we would communicate registrations and cancellations for the maintenance of the single state register." They continued: "The authority to register and deregister and the inspection and other controls over these properties will continue to fall to the Junta and the town councils working with us." Furthermore, they consider that the fact that "the state is exercising its authority and developing this aspect of nationwide law is marvellous for us." Moreover, they point out that "the existence of a single register is essential in the fight against illegal tourist housing."
Central government also announced that the registration number obtained is valid for 12 months. After this renewal must be requested by providing a list of the rentals under each rental category for which this registration number was first authorised and, in the case of seasonal rentals, a responsible statement that the reasons justify the seasonal nature of the rental. In the case of Andalucía tourist property licences do not have an expiry period, so they remain in force as long as the property complies with the requirements of the regional regulation and as long as the owner wants to keep it in force.
The Junta de Andalucía insists that the regional decree from February "is the one that regulates the relationship between owner and government authority", so the new national decree will be dealt with through this transfer of data between governing bodies without the owners of the properties having to carry out any more formalities. "The state register serves as a single information base for comparison with the housing marketing platforms", according to the spokesperson for the Junta.
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