Reply to Rental Law Letter

Dear Peter,

I will try to solve the doubts you have regarding the new rental Law for touristic properties in Andalucía, which is causing many other hidden rules and regulations to be implemented.

The new Law (Decreto 28/2016) references and includes laws which were already in place but were never connected to rental properties as such.

For example, as you mentioned, the new law states that it is an obligation for the owner to fill in a registry book and present the traveller’s entry forms to the Police authorities. This became obligatory in 2003 with Orden INT/1922/2003 for hotels, camping, bungalows, apartments, etc.

Andalucía have now stated that this ruling is applicable to touristic rentals and, therefore, a form has to be completed for any person aged over 16, stating their personal information (name, date of birth, nationality, identification number) as well as the property details. These forms have to be signed and presented to the Police authorities within 24 hours of the clients’ arrival at the property.

Please note that the original passport will never leave the client’s hand.

The reason behind this Police control, resides in the higher safety alerts that the countries are experiencing, allowing the authorities to corroborate the information provided by the property owners.

However, we cannot just implement the requirements in the new Law, as it also relates to Ley 13/2011, where the clients rights are stated, as well as the owner’s obligations.

Referring to your query about safety measures, this law states that the property must offer the clients and their belongings the necessary security, as well as informing the client of any services or facilities, which could pose a risk and the security measures adopted, being the owner’s obligation to maintain them accordingly. We must not forget that the property now has to have a complaint book. So should the client deem it appropriate, an official complaint could always be submitted.

Another Law, which also has to be taken in to account is the Real Decreto 235/2013, which relates to the property having an energy certificate should it be rented or sold. As you can see, only one Law has been published this year but many other Laws have to be analyzed.

I hope this information is of use and clarifies some of your doubts.

Maria Claire Richardson
House Lawyer for Salobreñavaciones

(News/Readers Letters: Rental Laws)

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