On Tuesday, April 19, 2022, resolution April 11, 2022 is published in the BOJA, in which the draft decree on tourist apartment establishments and housing for tourist purposes is submitted to public information.
As professionals competent in drafting the technical documentation necessary for the registration and opening of this type of establishments, we must know in depth the regulations that regulate them.
What is the reason for this regulatory change?
The new Royal Decree has as its regulatory background the Law 13/2011, of December 23, on Tourism of Andalusia; he Decree 194/2010, of April 20, on tourist apartment establishments, and the Decree 28/2016, of February 2, on housing for tourist purposes and modification of Decree 194/2010, of April 20, on tourist apartment establishments.
These antecedents have undergone various partial modifications, the two most recent in 2016, so it was necessary to draft a new text that included unified and updated aspects in relation to the requirements of requirements, quality of service, etc.
How is a tourist apartment different from a home for tourist purposes?
Tourist apartments.
Thus, a tourist apartment is a property that is intended for rental for short stays and is usually managed by companies that are exclusively dedicated to this.
At a legal level, it is a commercial activity that is registered in the same category as pensions, hotels, hostels, aparthotels, etc. For this reason, in many autonomous communities it is mandatory that they have a reception that provides services 24 hours a day.
Tourist apartments can be integrated into complexes that are offered as complete temporary accommodation, whether they are buildings or apartment complexes. When they are part of a group of accommodations, they must have an identification plate on the outside, with the initials AT, which certifies them as tourist apartments.
Tourist apartments must be furnished with everything necessary to spend the night in them and have a kitchen area, dishwasher, kitchenware, appliances, bedrooms and bathroom. The equipment must be in accordance with its category.
Being considered in the same business category as hotels and guesthouses, they have no requirements regarding the minimum number of nights that guests must contract. There are also no limitations on the number of places they can offer.
Housing for tourist purposes.
A home for tourist use (also known by its acronym VUT) is a property that is normally owned by a private person who rents it on an intermittent and non-professional basis.
As it is an individual property, both the statutes of the community of owners (if it is located in a building) and the municipal planning of housing uses of the locality in which it is located, may limit its use or impose certain restrictions.
Homes for tourist use, in order to offer temporary accommodation services, have the obligation to register as such and obtain a license.
While tourist apartments can be part of temporary accommodation complexes, tourist homes are individual units. They normally have neighbors whose homes are not dedicated to temporary rentals.
What substantial changes does the new Royal Decree intend to introduce?
Mainly in the number of accommodation units that the owner of each establishment can offer. Tourist apartments will be made up of three or more accommodation units (independent room of a tourist apartment establishment for the exclusive use of the user, consisting of at least a living room, dining room, kitchen, bedroom and bathroom), while in homes for tourist purposes Only two homes can be put into operation per owner.
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