The Decree No. 31/2024, issued by the Ministry of Tourism, Culture, and Sport and published in BOJA No. 24 on 2nd February 2024, introduces significant changes to the regulation of tourist-use housing in Andalusia. This decree modifies existing rules to enhance the quality and oversight of these accommodations, aiming to strike a balance between tourism development and local residents’ quality of life.
Article 1: Purpose and Scope This decree focuses on the regulation of tourist-use housing as a form of tourist accommodation. It explicitly excludes certain categories of housing from its scope, such as properties provided without economic compensation, rentals extending beyond two months, rural housing, and tourist apartment establishments in the joint group.
Article 2: Legal Regime Tourist-use housing must adhere to the Tourism Law 13/2011 and other relevant regulations, including those related to civil, commercial, and urban planning. Municipalities are empowered to impose limitations on the number of tourist-use properties based on clear and objective criteria.
Article 3: Definitions The decree defines tourist-use housing as properties equipped for immediate use and rented out for tourism purposes. Operators must be registered as the property’s operators and are responsible for various services, including key delivery, guest reception, and maintenance.
Article 5: Classification Tourist-use housing is categorized into two groups: complete use and by rooms. The maximum occupancy is fifteen occupants for complete use properties and six occupants for properties rented by rooms, with no more than four occupants per room.
Article 6: Requirements and Common Services Properties must meet several habitability and service standards:
- Minimum Size: Properties must provide at least 14 m² per occupant, with a minimum total size of 25 m².
- Bathrooms: Properties must have two bathrooms if there are more than five occupants, and three bathrooms if there are more than eight occupants.
- Ventilation: Bedrooms and living rooms must have direct external ventilation, while kitchens and bathrooms require direct or forced ventilation.
- Climate Control: Properties must have air conditioning during May to August and heating from December to March, with restrictions on certain types of heating elements.
- Safety and Information: Properties must have fire safety equipment, a 24/7 contact number, official complaint forms, and information on local regulations and house rules.
Article 9: Registration To commence operations, the operator must submit a responsible declaration to the competent tourism authority, confirming compliance with all requirements. This declaration should include the identification details of the property and the operator and confirm compatibility with urban planning and absence of prohibitions for tourist use.
Annex: Additional Requirements Tourist-use housing must also meet additional standards: Furnishings and Appliances: Properties must be adequately furnished and equipped with necessary appliances, including a TV, power outlets, and basic supplies like electricity and water. Kitchen Equipment: Kitchens must have at least two burners, an oven or microwave, a refrigerator, suitable utensils, small appliances, storage furniture, cleaning tools, trash bags, a clothesline, an iron and ironing board, and waste separation facilities. Bathroom Facilities: Bathrooms must have essential fixtures like a toilet, sink, bathtub or shower, and supplies like soap, towels, non-slip floors, and proper lighting. Bedding and Linen: Properties must provide well-maintained bedding and linen, with spare sets available. Beds must meet specified size standards, and the property must have adequate storage for clothing. First Aid and Safety: Properties must have a first aid kit, smoke detectors near the kitchen, and a fire extinguisher. Tourist Information: Properties must provide information about the local area, including entertainment, dining, shopping, medical services, transport, and a city map. Operating Instructions: Information and instructions for using appliances and other equipment must be available to guests.
Municipal Regulation and the Case of Málaga While the autonomous community oversees general regulation, municipalities have the authority to establish specific rules and limitations for tourist-use properties within their jurisdictions. This includes regulating the number of such properties to balance tourism with residents’ quality of life. In Málaga, local authorities have implemented measures to control the proliferation of tourist-use properties, particularly in densely populated and historic areas. These measures include:
Control of Licenses: Limiting the number of licenses for tourist-use properties in areas with high tourism saturation.
Exclusion Zones: Designating areas where tourist-use properties are not permitted to protect permanent residents and maintain social balance.
Additional Requirements: Imposing additional infrastructure and service standards to ensure the quality and safety of tourist accommodations.
These regulations aim to balance tourism development with the rights and quality of life of local residents, addressing issues such as rising rental prices and preserving neighborhood identity.
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