This is a summary of the key points of the new legislation on Short Term Holiday Rentals (SHR) in Andalucía, which will come into force on 3 April 2025:
Key Changes in the New Law:
- Community Approval: To register a property as a VUT after 3 April 2025, written approval from the community of owners will be required before applying for a tourist licence.
- 3/5 majority: A three-fifths (3/5) majority vote of the community will be required to allow holiday lettings in the property.
- Prohibition by the Community: If the community prohibits short-term rentals, owners will not be able to register their property as a VUT.
- New Registrations Only: This requirement only applies to new VUT registrations. Existing VUTs will not be affected unless ownership changes.
No Retroactive Effect for Existing VUTs:
- If you buy a property already registered as a VUT, you can continue to rent it out, provided that the community approves the continued use of short-term rentals.
- The new owner must update the registration of the VUT in the Andalusian Tourism Registry to ensure compliance.
New Rules for Third Party Property Management:
- From April 2025, property managers and estate agents managing VUTs will be required to notify the Andalusian Tourist Office about:
- Rental Periods
- Property details
- Compliance with the new regulations
- If a VUT is managed by a third party, it must be ensured that they submit the required documentation to avoid legal problems.
Why it is Important for Owners and Investors:
- These new regulations significantly affect holiday rental operations in Andalucía, especially for non-resident owners.
- Ensuring compliance with legal and fiscal requirements is crucial to avoid fines and maintain rental profitability.
In summary, the new law introduces the need for community of owners’ approval for new VUTs registered after 3 April 2025, but does not retroactively affect existing VUTs (unless ownership changes). It also imposes new reporting obligations on property managers. It is essential that owners and investors are aware of these changes to ensure compliance.
