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Decree 31/2024, of January 29, which modifies various provisions regarding housing for tourist use, tourist apartment establishments and hotels in the Autonomous Community of Andalucia.
If the tables below are not aligned, please note, you can cross reference with the PDF copy of the law below.
I.
The Statute of Autonomy for Andalusia attributes in its article 71 to the Autonomous Community the exclusive competence in matters of tourism, including the management of the tourism sector and the regulation and classification of tourist companies and establishments. Likewise, in its article 37.1.14.º establishes among the guiding principles of the public policies of the Autonomous Community the promotion of the tourism sector, as a strategic economic element of Andalusia.
In the exercise of this competence, Law 13/2011, of December 23, of Andalusian Tourism, establishes the essential elements of this regulation. Among the tourist services contemplated in its article 28.1 is that of accommodation, when lodging or stay is provided to users of tourist services. As established by the aforementioned Law, tourist accommodation is characterized by the fact that its management and administration corresponds to a single holder on whom the responsibility derived from its operation falls, thus guaranteeing the maximum quality, information, accessibility, security and other rights of the users. The Andalusian Tourism Law, like other autonomous rules, contemplates, for the exclusive purposes of the management of tourist services, the figure of the operating company, establishing a series of rights and obligations of the so-called tourism companies.
II.
Housing for tourist purposes is regulated for the first time in our Autonomous Community after the entry into force of Law 13/2011, of December 23, through Decree 28/2016, of February 2, of housing for tourist purposes and modification of Decree 194/2010, of April 20, of tourist apartment establishments, configuring the accommodation in them as a tourist accommodation service provided for in article 28.1.a) of said law. Although it can be said that this regulation is relatively recent, the reality of the facts the increase in tourism properties has exceeded the current regulatory framework, so that in recent years there has been a substantial increase in this type of accommodation. In this way, a phenomenon that was originally characterised by the offer of a tourist resource by individual “hosts” and provision by individuals, in a private capacity, through collaborative digital platforms, has evolved to the progressive comercialisation and management of a tourist service of high supply and demand, forming one more modality of accommodation, developed in housing through professionals who manage the exploitation of properties of different individual owners or large holders.
Nevertheless, the development of this phenomenon is unequal according to the different territories of our region
and with it are the opportunities and disadvantages or externalities associated with it, and the different interests and legal goods that must be protected by the Administration must be harmonised in a balanced way. To this is added the unique complexity of the difficult legal fit of this figure: these are homes not intended for their primary purpose, such as residence, domicile or abode, but properties that are dedicated, permanently or occasionally, to the development of an economic activity consisting of accommodation and its inherent services for customers passing through short stays or short periods of time.
Based on the above, when addressing the regulatory framework of the activity of accommodation in housing for tourist use it is important to take into account that the regional competences in tourism matters are limited to the management, planning and promotion of the tourism sector; that is, to the conditions and requirements for the provision of a tourist service. In this way, on the same reality and, more specifically in the physical resource on which the tourist activity is developed, various competence titles intervene, such as civil legislation, housing or urban planning, which are distributed by the State, the Autonomous Communities and the municipalities, as the case may be.
Specifically, it is up to the municipalities to attribute the different uses of the land and the built heritage (real estate properties or buildings), including the tourist use compatible with the various types of land, whether residential, tertiary or other. With this modification it is clarified, consequently, that it is the urban planning instruments or the municipal ordinances that can introduce, where appropriate, the corresponding requirements on the compatible or complementary use of this type of housing that serve as tourist accommodation, or introduce other types of sectoral limitations different from those of tourism management in accordance with the principles of proportionality, objectivity, necessity and legal certainty.
As the Supreme Court has stated, it is not only possible but necessary that it is the municipalities that determine the specific territorial and urban compatibility requirements for the development of this activity, as the Administration closest to reality and who corresponds to the design of the spaces, uses and their equipment that make up their concrete model of city, an essential framework of coexistence, in use and exercise of the power of planning, which has a clear support and democratic legitimacy. It will be the possible limitation established by the City Council that will have to be subjected to a strict scrutiny from the perspective of market guarantee and competition. In other words, this necessary municipal intervention cannot be directed to the exclusion of the European and national regulations that guarantee free competition and the provision of economic activities, but on the contrary, and in terms expressed by the doctrine that the courts of justice have been establishing, to enable the effective reconciliation of the lawful economic activity of short-term vacation rental with the organisation of the internal regime of the city according to its particular circumstances.
III.
With this modification, on the other hand, new requirements are incorporated with respect to those provided for in Decree 28/2016, of February 2, for the exercise of an economic activity, such as the provision of the tourist service of accommodation in housing, which in any case must be in accordance with the European and national regulations that regulate the principles of free access to the market; and, in line with the provisions of Law 13/2011, of December 23, the legal figure of companies operating tourist housing with The objective of professionalising the activity, facilitating relations with the Tourism Administration and guaranteeing the rights and duties of users. The provision of reliable information on the rental services of this type of short-term accommodation and in particular the adequate identity of the operator or actual manager of the service, regardless of the legal link with the owner of the property, is essential not only to effectively ensure the rights and obligations of users, but also for the competent authorities to carry out the necessary exchange of information and evaluate the real impact of these services and, consequently, develop the most appropriate and proportionate governmental measures. With the professionalisation of the sector, the improvement of the working conditions of workers is also pursued.
On the other hand, the requirements and requirements of habitability, conditioning or common services are updated, for the sake of the highest quality in the provision of the service and protection of the rights of users, such as the minimum surface area per person, the number of bathrooms or air conditioning, among others. This, however, and given that we are facing a changing reality, the rule refers to an annex for the rest of the requirements and is enabled so that by order of the person in charge of the Ministry with competences in tourism, its content can be modified and, in this way, adapt to the new demands of the users.
The measures adopted in this new regulation are justified on reasons of general interest and are proportionate to the reason invoked, that is to say, as the Court of Justice of the European Union indicates “are adequate to ensure, in a coherent and systematic manner, that the objective pursued is achieved and that it does not go beyond what is necessary to achieve it”.
IV.
This decree also addresses the modification of Decree 194/2010, of April 20, of tourist apartment establishments through which, among other issues, the definition and characteristics of the different groups of tourist apartment establishments contemplated by article 44 of Law 13/2011, of December 23, the different specialties of apartments and their period of occupation of the accommodation units are regulated and part of the requirements required for the provision of the tourist accommodation service are eliminated, through this type of establishments, all this to, following the Of the recent regulation of hotel establishments, eliminate the requirement of structural requirements when those that correspond by sectoral regulations already makes them suitable for the intended purpose and affect aspects that imply improvements in the quality of service.
Finally, the modification of Decree-Law 13/2020, of May 18, establishing extraordinary and urgent measures regarding hotel establishments, coordination of alerts, promotion of telematics, reactivation of the cultural sector and flexibility in various areas in the face of the situation generated by the coronavirus (COVID-19), in order that hotels and hotel-apartments can offer in the building complementary services to the users of the establishment, even provided by people or entities other than the owner of the tourist accommodation operation, provided that they meet certain requirements, so that the principle is not affected by the operating unit. The regulatory modification of the aforementioned Decree-Law is covered by the provisions of the seventeenth final provision thereof.
V
This decree consists of three articles, four additional provisions that contemplate, respectively, the regime to adapt to certain requirements of the housing registered in the Tourism Registry of Andalusia and communicate the periods of operation; the change of ownership in the exploitation of the registered housing in favor of the operating companies; on the number of registered places; and the transitional regime to adapt to certain requirements of the establishments of tourist apartments registered in the Tourism Registry of Andalusia. It also consists of a final provision.
The decree is in accordance with the provisions of article 5 of Law 12/2007, of November 26, for the promotion of gender equality in Andalusia, according to which the public authorities will promote that the perspective of gender equality is present in the elaboration, execution and monitoring of the regulatory provisions.
In the preparation of this decree, the provisions of article 7.2 of Decree 622/2019, of December 27, on electronic administration, simplification of procedures and organisational rationalisation of the Junta de Andalucía, have been respected, as well as the principles of good regulation provided for in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, to which the regulatory power must be adjusted. From the above paragraphs, compliance with the principles of necessity and efficiency is evident, being the reasons of general interest that support the need for this regulation the protection of users of tourist services, the protection of the environment and the urban environment, the protection of the rights of residents and the promotion of a quality tourist offer. The decree is in accordance with the principle of proportionality, as it contains the essential regulation for the achievement of the aforementioned objectives, and also conforms to the principle of legal certainty, being the norm consistent with the rest of the legal system and setting a stable, predictable, integrated, clear and certain regulatory framework, which allows its knowledge and understanding, being also the result of the legal habilitation. With regard to the principle of efficiency, it does not represent a significant increase in administrative burdens.
Regarding the principle of transparency, and in application of article 133 of Law 39/2015, of October 1, prior to the elaboration of this Decree, the aspects related to the initiative (problems to be solved, necessity and opportunity, objectives and possible solutions) were submitted to public consultation. The hearing procedure has been followed for the different representative entities of the sector, consumers and users and economic and social agents, favouring active participation; the public information procedure, provided for in article 45.1.d) of Law 6/2006, of October 24, of the Government of the Autonomous Community of Andalucia, has been followed; and access to the documents of the process of preparation of the decree has been facilitated, in the terms established in article 13 of Law 1/2014, of June 24, on Public Transparency of Andalucia.
For all these reasons, at the proposal of the Minister of Tourism, Culture and Sport, in accordance with the provisions of articles 21.3, 27.8, 44.1 and 46.2 of Law 6/2006, of October 24, in agreement with the Advisory Council of Andalucia and after deliberation of the Governing Council at its meeting of January 29, 2024,
I HAVE
Article 1. Modification of Decree 28/2016, of February 2, on housing for tourist purposes and amending Decree 194/2010, of April 20, on tourist apartment establishments.
Decree 28/2016, of February 2, on housing for tourist purposes and amending Decree 194/2010, of April 20, on tourist apartment establishments, is modified in the following terms:
One. The title of the provision shall be worded as follows:
“Decree 28/2016, of February 2, regulating housing for tourist use.”
Two. Article 1 shall read as follows:
‘Article 1. Object and scope of application.
1. The purpose of this decree is the management of tourist housing as a tourist accommodation service, in accordance with the provisions of paragraph 1.a) of article 28 of Law 13/2011, of December 23, on Tourism in Andalucia.
2. The following are excluded from the scope of this standard:
A) Homes that, for holiday or tourist reasons, are ceded, without economic consideration.
B) Housing leased for more than two months calculated continuously to the same tenant.
C) Housing located in rural areas that, in case they are intended for tourist accommodation, will be regulated by the provisions of article 48 of Law 13/2011, of December 23, and by Decree 20/2002, of January 29, on Tourism in the Rural Environment and Active Tourism, without prejudice to the provisions of its article 9.3.
D) The tourist apartment establishments of the joint group, regulated by Decree 194/2010, of April 20, of tourist apartment establishments.
3. They cannot be homes for tourist use:
A) Housing subject to a public protection regime, not being able to be used for this purpose either complete or by rooms, in accordance with the provisions of its specific regulations.
B) Homes located in buildings whose constituent titles or statutes of the community of owners contain an express prohibition for the activity of tourist accommodation, in accordance with the provisions of Law 49/1960, of July 21, on horizontal property.
C) Accommodation units located in tourist accommodation establishments that must occupy all or part of the building.
D) Housing recognised in a situation of “assimilated to out of planning”, unless prior express authorisation by the competent municipal body for the change of activity, in accordance with urban and environmental legislation.”
Three. Article 2 shall read as follows:
‘Article 2. Legal Framework.
1. Accommodation in tourist-use housing shall be considered a tourist service and must comply with the provisions of Law 13/2011, of December 23, and with the stipulations of this decree.
2. Additionally, tourist-use housing shall be subject to the requirements of the tourism, civil, commercial, and urban regulations issued by the European Union, the State Administration, the Autonomous Community of Andalucia, and local entities within their respective competencies. In particular, municipalities may establish proportional limitations based on compelling public interest regarding the maximum number of tourist-use housing units per building, sector, area, period, or zone. These limitations must adhere to clear, unequivocal, and objective criteria, which have been duly publicised prior to their implementation.
3. Access to tourist-use housing may not be restricted for reasons of birth, race, sex, religion, opinion, or any other personal or social circumstance.
4. The rights and obligations of users and operators shall be those contemplated in Law 13/2011, of December 23.
5. When users violate any of the obligations established by Law 13/2011, particularly those related to the rules of coexistence, operators may deny the continued presence of users and require them to vacate the housing within twenty-four hours. The operators of these housing units may seek assistance from the Security Forces to evict those who violate the usual rules of social coexistence or who attempt to access or remain in the housing for purposes other than the normal use of the service.
6. The operator of the tourist-use housing may not contract for spaces that they cannot accommodate under the agreed-upon conditions.
Four. Article 3 is amended as follows:
‘Article 3. Definitions.
1. Housing for tourist use is understood to be those houses equipped in conditions of immediate use, located in buildings where the accommodation service will be offered by price in the Autonomous Community of Andalucia, on a regular basis and for tourist purposes.
The tourist service must be provided throughout the year or during specific periods within the same year, and must be included in the responsible declaration provided for in article 9. It may only be marketed in the indicated periods, being considered a clandestine activity the marketing outside of them.
It will be presumed that there is a tourist purpose when the house is marketed or promoted in tourist offer channels. In this sense, travel agencies, companies that mediate or organise tourist services and channels in which the possibility of booking accommodation is included will be considered tourist offer channels.
The provision of the service implies the effective offer of housing in tourist offer channels during the declared periods.
2. For the purposes of this decree, companies operating housing for tourist use are understood to be natural or legal persons who are assignees of the administration and management of one or more housing for tourist use, regardless of the enabling title for it, and must appear as owners of the operation in the responsible declaration referred to in article 9 of this decree.
In any case, the administration and management of the accommodation will be assumed when the main services inherent to the accommodation are developed and, in particular, when the tasks of delivery of keys, reception of guests, attention during the stay, conservation and maintenance of the facilities and household of the accommodation unit, cleaning at the entrance and exit or billing are carried out.
The administration and management will correspond to a single owner when complementary services are offered whose provision is carried out by companies other than the operating entity of that one, and the user must be informed of this circumstance. For this purpose, the information with the list of these services and the identification of the lending companies will be made available to the users, all without prejudice to the responsibility of the operating company.
In cases of separation between ownership and exploitation and when the ownership of the property is in co-ownership, community or similar regime, the operating company must obtain from all the owners the valid legal title in Law that enables the exploitation.
Five. Article 4 is worded as follows:
‘Article 4. Responsibility to the Tourism Administration and users.
1. The natural or legal person listed as the owner of the exploitation of the housing in the responsible declaration referred to in article 9 will be responsible to the Administration and to the users for the correct provision of the service. The person who owns the operation must have a legal title enabling the exercise of the activity.
2. The owners of the exploitation of housing for tourist use will be responsible for maintaining an updated list of the dwellings, and must communicate to the Andalusian Tourism Registry any modification that affects them, either in the legal link that entitles them to the exploitation or in the conditions of each of the houses operated.
Six. Article 5 shall read as follows:
‘Article 5. Classification.
1. Housing for tourist use is classified into two groups:
A) Complete.
B) By rooms.
2. The housing that is transferred in its entirety belongs to the complete group.
3. The housing that is not transferred in its entirety belongs to the group by rooms, and the natural person who owns the exploitation or the natural person who owns or usufructuary the housing must reside in it. In these cases, the person who resides must be registered in the house.
4. The maximum capacity of the houses will be limited by the provisions of article 6. In any case, when the use of the house is complete, it may not exceed fifteen places and when the use is for rooms, it may not exceed six places, not being able to exceed in both types of four places per room, of which two must be in beds other than bunk beds. Two convertible seats will be allowed in the living room of the houses in the complete group, which will count for the maximum capacity of the house.”
Seven. Article 6 shall read as follows:
‘Article 6. Common requirements and services.
1. Housing for tourist use must meet the following substantive and habitability requirements:
A) Comply with municipal urban planning regulations. The registration of the house in the Andalusian Tourism Registry will be immediately communicated by the Tourism Administration to the corresponding City Councils.
B) Have a minimum built dimension of 14 m² per square, according to the built area of main use that is in the Electronic Headquarters of the Cadastre. In any case, the minimum built area of main use will be 25 m² or, failing that, the one determined by the urban planning.
C) Have two bathrooms if the number of places is greater than five and three bathrooms if the number of places is greater than eight.
D) The bedrooms and living rooms will have direct ventilation to the outside or to ventilated patios and some window darkening system. This requirement will not be enforceable when the local or autonomous Administration for reasons of competence exempts from its compliance for reasons of architectural protection.
Kitchens and bathrooms will have direct or forced ventilation for air renewal.
Cave-type constructions will comply with the provisions of the territorial and urban regulations.
E) Have centralised or non-centralised refrigeration by fixed or portable elements in the rooms and living rooms, when the operating period comprises the months of May, June, July and August.
F) Have centralised or non-centralided heating by fixed or portable elements in the rooms and living rooms, if the period of operation comprises the months of December, January, February and March, without in any case the incandescent elements or combustion of flammable liquids or gases being admissible.
G) The others provided for in the annex to this decree.
2. Likewise, the owners of the farm will be obliged to:
A) Provide users with a telephone number 24 hours a day to immediately attend and resolve any query or incident related to housing.
B) Clean the house at the entrance and exit of new users.
C) Have official Complaints and Claims Sheets of the Junta de Andalucía at the disposal of users and a poster announcing them in a visible place inside the house.
D) Inform users of the rules of coexistence of the community of owners, the areas of restricted use, those related to the use of the facilities, dependencies and equipment of the house, as well as the admission and existence of pets in the house, restrictions for smokers, the areas of the garbage deposit on the public road, the guidelines of respect for the urban environment and the municipal regulations on environmental protection against noise and vibrations. An evacuation plan must be placed on the door of the house, if it exists for the community of neighbours of the property.
E) Deliver proof of payment of the services and advances made, where appropriate, with the following content, without prejudice to compliance with the current provisions for tax purposes:
1.º Identification of the person who owns the exploitation of the house.
2.º Identification of the house and its registration code in the Andalusian Tourism Registry.
3.º Identification of the user.
4.º Number of people accommodated.
5.º Date of entry and exit.
6.º Price of the contracted service and payment date.
The owners of the farm who, in accordance with the tax regulations, have the obligation to issue an invoice, must comply with the requirements that apply to them.
F) Inform users if they are adhered to the Consumer Arbitration System.
Eight. Article 7(4) shall be amended to read as follows:
“4. The user of the housing will be entitled to its occupation from 3 p.m. on the first day of the contracted period until 11:00 a.m. on the day indicated as the departure date, and a different regime may be agreed individually. In the event that the operating person was not in the house at the time of arrival or departure of the customers, the delivery of keys must be arranged in advance.
In the event that the delivery of keys is made through their deposit in padlocks, security boxes or the like, they may not be located in elements of the street furniture on public roads.
Nine. Article 9 shall read as follows:
‘Article 9. Registration.
1. For the beginning of the provision of the accommodation service in the home, the person or entity that operates this service will have to submit the corresponding responsible declaration electronically to the competent Ministry of tourism, in which it manifests compliance with the requirements established in this decree, being able to be advertised from this moment as a housing for tourist use.
Without prejudice to what may be required under Community legislation, the minimum content of the responsible statement shall be as follows:
A) Identification of the house, including its cadastral reference, and its maximum accommodation capacity.
Only one house will be admissible for each cadastral reference, except in cases where, in accordance with current regulations, the existence of two or more homes with the same cadastral reference can be accredited.
B) Identification of the operating person or entity and title that enables it, including telephone number and email for the purposes of notices of availability of electronic notifications.
C) Identification of the person who owns or owns the property, in case of being different from the operating person or entity.
D) Manifestation that the housing is not subject to any public protection regime or that it is disqualified.
E) Manifestation that the housing is compatible for use as a housing for tourist use in accordance with the applicable planning or urban planning.
F) Express authorisation for the transfer and exchange of data by the public administrations for the purposes of the necessary exercise of their respective powers, including security forces and bodies and tax authorities.
G) Manifestation that the housing is not prohibited from the activity of housing for tourist use in accordance with the constituent title or statutes of the community of owners.
H) The period or periods of provision of the tourist service.
The data entered in the housing data section of the responsible declaration will be publicly accessible through open search engines of this Ministry, except those related to the telephone number and email.
2. The verification by the Tourism Administration of the inaccuracy or falsehood of an essential nature in any data, statement or document incorporated into the responsible declaration that determines that the housing for tourist use does not meet the conditions for its registration as such, or that these conditions have ceased to be met, as well as the lack of effective provision of the service under the terms of article 3.1 or the non-existence of licenses or authorisations required by the specific sectoral regulations, especially in urban planning or regulatory matters of the land regime, will result in the cancellation of the registration of Housing in the Andalusian Tourism Registry, after hearing the interested persons.”
Ten. A first additional provision is inserted with the following wording:
‘First additional provision. Agreements.
In order to guarantee compliance with the requirements contained in the current regulations and, where appropriate, facilitate the inspection work of the Junta de Andalucía or other public authorities, the Ministry with competences in tourism matters may enter into collaboration agreements with other Administrations or with private entities to facilitate the exchange of information.
Eleven. An additional provision is added in the following terms:
‘Second additional provision. Modification of the name housing for tourist purposes.
All references made in this Decree to “housing for tourist purposes” must be understood as replacing “housing for tourist use.”
Twelve. The third final provision is redrafted in the following terms:
‘Third final provision. Normative authorisation.
The person in charge of the Ministry responsible for tourism is authorised to approve whatever provisions are necessary for the development and execution of this decree, as well as to update or adapt the parameters established in its annex.
Thirteen. An annex is inserted with the following wording:
“Annex. Additional requirements for housing for tourist use.
In addition, housing for tourist use must also meet the following requirements:
A) Be sufficiently furnished and equipped with the necessary appliances and equipment for immediate use and according to the number of places they have, have television and channel information, power outlets in all rooms and with the basic supplies that allow their habitability, such as electricity and hot and cold running water.
The kitchen must be equipped with a minimum of two burners, oven or microwave and refrigerator; utensils appropriate to the accommodation capacity (at least crockery, cutlery, glassware, pans, pots, cutlery to serve, corkscrew, opener, scissors, can opener and drainer); small appliances (at least mixer, toaster or grill, juicer and coffee maker); storage furniture; utensils and kit of cleaning products with minimum content of scourer, cloth, cloth and cleaning gel; garbage bags; clothesline, iron and ironing board; and selective separation of waste with the corresponding information detail.
B) The bathroom will be equipped with at least a toilet, sink, bathtub or shower tray, hand soap, gel, shampoo, a hand towel per person, one bath towel per person, non-slip floors in showers and bathtubs, washable bath mat, light suitable for the bathroom, mirror, towel hangers, additional toilet paper roll, toilet brush, power socket next to the mirror, shelf, dryer and toilet bucket.
In any case, the toilet must be independent and closed, either individually or with the rest of the sanitary elements.
C) Bed linen, lingerie, blankets or duvets and pillows well preserved according to the occupation of the house and a set of replacement of bed linen.
The beds must measure at least 80*190 cm if it is single and 135*190 cm if it is double. The house must have a closet or space for clothes for every four seats, with an adequate number of hangers, which can be located in any of the bedrooms and a light point next to the bed.
Sofas, and mattresses with a minimum thickness of 18 cm, must be in good condition and present a homogeneous level of resistance over the entire surface.
D) First aid kit, as well as the installation of some type of smoke detectors in an area near the kitchen and a fire extinguisher.
E) Have tourist information, in physical or electronic support, of the area, leisure areas, restaurants and cafeterias, shops and food stores, parking lots closest to the house, medical services existing in the area, means of urban transport and a map of the town.
F) Have available to users information and operating instructions for household appliances or other devices that require it for their correct use.
Article 2. Modification of Decree 194/2010, of April 20, on tourist apartment establishments.
Decree 194/2010, of April 20, on tourist apartment establishments, is modified in the following terms:
One. Article 9 shall read as follows:
‘Article 9. Groups.
1. Tourist apartment establishments are classified into two groups:
A) Buildings/complexes.
B) Sets.
2. Belonging to the buildings/complex group those establishments composed of three or more accommodation units that occupy all or independent part of a building or several, having their own entrance and, where appropriate, elevators and stairs for exclusive use, being able to adopt the name “tourist apartment building” or “tourist apartment complex” in the case of several buildings.
3. Belong to the joint group those establishments composed of three or more accommodation units located in the same property or group of properties contiguous or not, occupying only a part of them, in which the tourist accommodation service is provided.
For the purposes of the provisions of the previous paragraph, it is understood as a group of non-contiguous properties that constituted by two or more properties located within the same urbanisation or residential nucleus equipped with common facilities or services.
In the event that the tourist apartments are located in different buildings, the exact location of each of them must be indicated in any advertising or tourist offer channel and the reception of the users will take place in one of the buildings of the establishment.
Two. Section 4 of Chapter II, composed of Articles 17 to 20, is deleted.
Three. Article 21 shall be replaced by the following:
‘Article 21. Specialties.
Tourist apartment establishments may be classified into one or more specialties based on the offer of services aimed at meeting the specific needs of the group to which they focus, their architectural peculiarities, the orientation to a certain product or the preferred population segment to which their establishment is directed, such as wine, gastronomic, health-wellness, boutique, hacienda, MICE, adult, family, senior, single or LGTBI.
Under no circumstances may the establishment incur in discrimination or prohibition towards non-preferential groups.
The specialties, as well as the specific services available, must be advertised in any offer channel of the establishment and, if any, on the establishment’s own website.
Four. Article 23 is deleted.
Five. Article 25 is worded as follows:
‘Article 25. Period of occupation of the accommodation units.
1. The person using the establishment of tourist apartments will be entitled to the occupation of the accommodation unit from 3 pm on the first day of the contracted period until 11 am on the day indicated as the departure date, and a different regime may be agreed individually, in which case it must be reflected in the admission document even if said agreement is reached during the stay.
However, on dates of maximum occupancy of the establishment, the operating company may delay the provision of the user of the accommodation unit for a period of time not exceeding one hour. In any case, the user will have the right to access the common facilities of the same from 3 pm on the day of arrival.
2. Unless otherwise agreed, the extension of the occupation of the accommodation unit for longer than the contracted time will result in the duty to pay one more day.
3. The user may remain accommodated more days than those specified in the admission document, provided that there is an agreement between the parties. In this case, an extension of the first contract will be understood and must be recorded in the same admission document.
Six. Article 30 is deleted.
Seven. Article 31 shall read as follows:
‘Article 31. Internal regulations.
1. Tourist apartment establishments may have an internal regime regulation establishing mandatory rules for users during their stay.
2. The internal regulations may determine the conditions of admission, the rules of coexistence and operation, as well as everything that allows and favors the normal enjoyment of the facilities, equipment and services, without contravening the provisions of Law 13/2011, of December 23, or in this decree.
3. The internal regulations will always be available to users and will be exposed, at least in Spanish and English, in a visible place of the concierge-reception of the establishment. If this does not exist, a printed copy will be available in each accommodation unit. Likewise, this regulation must be advertised on the establishment’s own website, if any.
Eight. Chapter IV, composed of Articles 32 to 34, is deleted.
Nine. Annexes I and II are worded as follows:
‘Annex I. Minimum requirements tourist apartments group buildings/complexes
Minimum requirements tourist apartments group buildings/complexes 4 Ll 3 Ll 2 Ll 1 Ll
I. Common areas
1 Minimum area of the lobby per u.a. with adequate facilities to provide the reception / concierge service in establishments with more than 15 u.a. (see note) 0.5 m² 0.4 m² 0.3 m² 0.2 m²
Minimum area of social areas per u.a. (see annotation) 2 m² 1.5 m²
3 Separate and independent health services/general toilets for men and women in apartments with more than 15 U.A. (see annotation)
Shelves for cleaning items and replacement lingerie. Its walls will be covered with easy-to-clean materials. They can be replaced by ergonomic and easy-to-transport carts to facilitate the cleaning service M M M M
Luggage storage space (see note) M M M M
6 Parking for the use of the establishment for a minimum of 10% of the accommodation units (see note) M M
Air conditioning in the public areas of the establishment (restaurant, lobby, entrance…) M
8 Complaints and Claims Sheets available to users and show their corresponding advertising poster M M
Display their corresponding announcement sign.
9 Make available to users information and operating instructions of appliances or other devices that require it for their correct use. M M M M
Make available to users information about the rules of coexistence of the community of owners, the areas of restricted use, those related to the use of the facilities, dependencies and equipment of the u.a., admission and possession of pets, restrictions for smokers, the garbage deposit areas on the public road and the guidelines of respect for the urban environment and the municipal regulations on environmental protection against noise and vibrations. M M M M
II. Services
11 Internet connection via WiFi throughout the establishment (see annotation) M M M M
12 Reception service (see annotation) M M M M
In-person reception service (see annotation) 24 hours 12 hours 8 hours 8 hours 8 hours
13. Luggage storage service on arrival or departure of customers M M
14 Luggage delivery at the accommodation unit at the customer’s request M
15. Cleaning service in the accommodation unit (see annotation) Daily 1/Week 1/Week Customer entry.
16. Replacement of lingerie in the accommodation unit (see annotation) 3/Week 2/Week 2/Week 1/Week.
17. Laundry, lingerie and iron service M
18 Free general safe service (see note) M M M M
19 Repair and maintenance service M M M M
20 In case of having a pool: Set of towels available to the customer M
21 Selective garbage collection service from the accommodation unit or area provided for this purpose in the building, at the established times. M
22 First aid kit (see note) M M M M
III. Accommodation units
23 Air conditioning by fixed elements in bedrooms and living-dining room adjustable by the user M
Fixed or portable air conditioning equipment in bedrooms and living-dining room M M M
24 Telephone at the customer’s request with internal line to Reception and instruction manual in apartment establishments with 15 or more u.a. M M
25 Individual safe in accommodation units M
26 Full-length mirror M M
III.1. In each bedroom.
Single beds with minimum dimensions of 0.80 m x 1.90 m and double beds with minimum dimensions of 1.35 x 1.90 m, both with a minimum mattress thickness of 18 cm. M M M
27.2 Single beds with minimum dimensions of 1.00 m x 1.90 m and double beds with minimum dimensions of 1.50 x 1.90 m, both with a minimum mattress thickness of 18 cm. M
28 Bed linen (inner mattress and pillow cover, full set of sheets, quilt, blanket or duvet) M M M M
29 Cradle at customer’s request M M M M
30 The bedrooms and studios will have some blackout system M M M M
31 Closet or space for clothes M M M M
32 Hangers of homogeneous material and color M M M M
33 Bedside table M M M M
34 Two power plugs near the bed M M M M
35 Well-preserved blankets or duvets M M M M
36 Well-preserved pillows M M M M
37 Television with remote control M
38 Minimum single bedroom surface 9 m² 8 m² 7 m² 7 m²
39 Minimum double bedroom surface 15 m² 12 m² 10 m² 10 m²
40 Minimum triple bedroom surface area 21 m² 18 m² 16 m² 16 m²
41 Minimum quadruple bedroom surface 27 m² 24 m² 22 m² 22 m²
42 Minimum study surface (see annotation) 24 m² 23 m² 21 m² 20 m²
III.2. Living-Dining Room
43 Minimum living-dining room surface up to 4 people 16 m² 14 m² 12 m² 10 m²
44 Additional surface area per place from 4 people 4 m² 3 m² 2.5 m² 2 m²
45 Television and channel information with remote control M M M M
46 Sofa M M M M
47 Table and chairs according to the capacity of the u.a. M M M M
48 Child seat/chair chair at the customer’s request M M M M
49 Two power plugs M M M M
III.3. Kitchen
50 Minimum surface (incorporated or not into the dining room) 8 m² 7 m² 6 m² 5 m²
51 Cooking plate with a minimum of 2 burners M M M M
53 Oven or microwave with grill M M M
54 Extractor or hood M M M M
55 Sink M M M M
56 Coffee maker or kettle M M M M
Microwave (not required if you have it in accordance with requirement 53) M M M M
58 Kitchen and dining utensils suitable for the accommodation capacity (at least crockery, cutlery, glassware, pans, pots, cutlery for serving, corkscrew, opener, scissors, can opener and drainer) M M M M
59 Extra utensils: Serving trays, cube trays and salad bowls M M M
60 Refrigerator M M M M
61 Cleaning kit (minimum content of scouring pad, cloth, cloth and cleaning gel) and garbage bags. M M M M
62 Small appliances (at least mixer, toaster or grill and juicer) M M M M
63 Washing machine (see annotation) M M M
64 Dishwasher (from 2 bedrooms) M
65 Iron and ironing board M M M
66 Clothesline and tongs M M M
67 Storage furniture M M M M
68 Selective separation of waste with the informative detail M M M M
III.4. In every bathroom
69 Bathroom surface 4 m² 3.5 m² 3m² 3m²
70 Second bathroom depending on the number of users (N) of the accommodation unit (computed fixed and convertible places) N>4 N>4 N>5 N>5
71 Basic equipment (hand soap, gel, shampoo, 1 hand towel per person, one bath towel per person, non-slip floors in showers and bathtubs, washable bath mat, suitable bathroom light, mirror, towel hangers, additional toilet paper roll, toilet brush, power socket next to the mirror, shelf, dryer and toilet bucket) M M M M
72 Fixed shower screen or panel M M M M
M: Required
ANNOTATIONS:
1 and 2 The lobby can be unified with the social areas. Canteens, bars (do not compute the surfaces of the bars), reading, television and games rooms, as well as any other dependence intended for the collective use and enjoyment of users, will be considered social areas
3 They will be equipped, at least, with a mirror, soap, single-use towels or hand dryer, toilet paper and trash can.
5 Applicable for categories of 1 and 2 keys when you have more than 40 u.a.
6 In the establishment itself or arranged in the nearest enclosure. Parking will be understood as the enclosure intended to park vehicles without necessarily being closed and covered.
11 Whenever there is technical availability.
12 Category 1 and 2 key establishments that have 15 or less accommodation units and in any case during the period of time in which there is no obligation to offer the reception service in person, this service may be provided by personnel provided with a 24-hour location system. In both cases, an automatic system must be implemented to guarantee access and security of users.
15 The daily or weekly cleaning service consists of the cleaning of the accommodation units, except kitchen and kitchenware. The offer of the service will be mandatory for the operator who will include it in the price of the accommodation.
16 The offer of the service will be mandatory for the operator who will include it in the price of the accommodation. In establishments with 1 and 2 keys, the replacement of linen (sheets and towels) is understood to be provided by having a replacement set at the customer’s availability
18 Not applicable in establishments with 15 or less accommodation units.
22 It will be located inside each accommodation unit in case there is no reception.
42 The surface of the studios includes the rooms intended for the bedroom, kitchen and living-dining room.
They may be replaced by washing machines in common use areas properly enabled and in sufficient number, or by concerted and free service in public laundry premises.
GENERAL CONSIDERATIONS:
A) The access areas to the bedrooms and living rooms may not be computed for the minimum area required for these rooms.
B) The bedroom and the bathroom may be joined in the same room, except for the toilet, which must in any case be independent and closed
C) In no case will the installation of more than 4 places in the bedrooms be allowed, of which 2 must be in beds other than in bunk beds.
D) The installation of more than 2 convertible seats in the living-dining room is not allowed. Convertible sofa bed-type places are only allowed in the living-dining room.
E) The bunk beds will be two beds (single) and bunk beds may not be placed laterally paired, there must be a minimum separation of one meter between them. Bunk beds cannot be installed in the living room.
F) Bathrooms will have at least a bathtub or shower, toilet and sink.
G) The reduction of the minimum area requirements will require an application accompanied by a report from a competent technical person in which the impossibility or serious technical difficulty of its compliance is justified, which may not be based exclusively on economic reasons in the terms provided for in article 18 of Decree 143/2014, of October 21, which regulates the organization and operation of the Andalusian Tourism Registry; or because the property where the establishment is located enjoys some type of protection according to the regulations governing the Historical Heritage of Andalusia.
In these cases, the reduction of 15% of the total minimum area of the accommodation unit, established by categories, is allowed up to a maximum of 20% of the accommodation units and a maximum reduction of 20% of the minimum surface of lobbies and social areas provided that it does not limit its functionality.
Annex II. Minimum requirements tourist apartments group joints
Minimum requirements tourist apartments group joints 2 Ll 1 Ll
I. Common areas
II. Services
III. Accommodation units
III.1. In each bedroom
III.2. Living-Dining Room
III.3. Kitchen
III.4. In every bathroom.
Complaints and Claims Sheets available to users and show their corresponding advertising poster M M
2 Make available to users information and operating instructions of appliances or other devices that require it for their correct use. M M
3 Make available to users information about the rules of coexistence of the community of owners, the areas of restricted use, those related to the use of the facilities, dependencies and equipment of the u.a., admission and possession of pets, restrictions for smokers, the garbage deposit areas on the public road and the guidelines of respect for the urban environment and the municipal regulations on environmental protection against noise and vibrations. M M
4 Reception service (see annotation) M M
5 Cleaning service in the accommodation unit (see annotation) 1/Week Customer entry
6 Replacement of lingerie in the accommodation unit (see annotation) 2/Week 1/Week
7 Repair and maintenance service M M
8 First aid kit (see note) M M
9 Fixed or portable air conditioning or cooling and heating equipment in bedrooms and living-dining room. Floor or table fans will not be considered portable elements, for these purposes, nor will they be considered portable heating elements, those that are resistant or incandescent. M M
10 Single beds with minimum dimensions of 0.80 m x 1.90 m and double beds with minimum dimensions of 1.35 x 1.90 m, both with a minimum mattress thickness of 18 cm. M M
11 Bed linen (inner mattress and pillow cover, full set of sheets, quilt, blanket or duvet) M M
12 Cradle at customer’s request M M
13 The bedrooms and studios will have some blackout system M M
14 Closet or space for clothes M M
15 Hangers of homogeneous material and color M M
16 Bedside table M M
17 Two power plugs near the bed M M
18 Well-preserved blankets or duvets M M
19 Well-preserved pillows M M
20 Minimum bedroom surface Single 7 m² 7 m²
21 Minimum double bedroom surface 10 m² 10 m²
22 Minimum bedroom area Triple 16 m² 16 m²
23 Minimum bedroom surface Quadruple 22 m² 22 m²
24 Minimum study surface (see annotation) 21 m² 20 m²
25 Minimum living-dining room surface up to 4 people 12 m² 10 m²
26 Additional surface area per place from 4 people 2.5 m² 2 m²
27 Television and channel information with remote control M M
28 Sofa M M
29 Table and chairs according to the capacity of the u.a. M M
30 Child seat/chair chair at the customer’s request M M
31 Two power plugs M M
32 Minimum surface (incorporated or not into the dining room) 6 m² 5 m²
33 Cooking plate with a minimum of 2 burners M M
34 Oven or microwave with grill M
35 Extractor or hood M M
36 Sink M M
37 Coffee maker or kettle M M
38 Microwave (not required if you have it in accordance with requirement 35) M M
39 Kitchen and dining utensils suitable for the accommodation capacity (at least crockery, cutlery, glassware, pans, pots, cutlery for serving, corkscrew, opener, scissors, can opener and drainer.) M M
40 Extra utensils: Serving trays, cube trays and salad bowls M
41 Refrigerator M M
42 Cleaning kit (minimum content of scouring pad, cloth, cloth and cleaning gel) and garbage bags. M M
43 Small appliances (at least blender, toaster or grill and juicer M M
44 Washing machine (see annotation) M
45 Iron and ironing board M
46 Clothesline and tongs M
47 Storage furniture M M
48 Selective separation of waste with the informative detail M M
49 Bathroom surface 3 m² 3m²
50 Second bathroom depending on the number of users (N) of the accommodation unit (computed fixed and convertible places) N>5 N>5
Basic equipment (hand soap, gel, shampoo, 1 hand towel per person, one bath towel per person, non-slip floors in showers and bathtubs, washable bath mat, suitable bathroom light, mirror, towel hangers, additional toilet paper roll, toilet brush, power socket next to the mirror, shelf, dryer and toilet bucket) M M
52 Fixed shower screen or panel M M
M: Required
ANNOTATIONS:
4 The provision of this service may be carried out by personnel provided with a 24-hour location system, in which case an automatic system must be implemented to guarantee access and security of users.
5 In the category of two keys, the weekly cleaning service consists of cleaning the accommodation units, except kitchen and kitchenware. The offer of the service will be mandatory for the operator who will include it in the price of the accommodation.
6 The offer of the linen replacement service (sheets and towels) will be mandatory for the operator who will include it in the price of the accommodation, and may be replaced by having a replacement set at the customer’s availability
8 It will be located inside each accommodation unit in case there is no reception.
24 The surface of the studios includes the rooms intended for the bedroom, kitchen and living-dining room.
44 They may be replaced by washing machines in common use areas properly enabled and in sufficient number, or by concerted and free service in public laundry premises.
GENERAL CONSIDERATIONS:
A) The access areas to the bedrooms and living rooms may not be computed for the minimum area required for these rooms.
B) The bedroom and the bathroom may be joined in the same room, except for the toilet, which must in any case be independent and closed
C) In no case will the installation of more than 4 places in the bedrooms be allowed, of which 2 must be in beds other than in bunk beds.
D) The installation of more than 2 convertible seats in the living-dining room is not allowed. Convertible sofa bed-type places are only allowed in the living-dining room.
E) The bunk beds will be two beds (single) and bunk beds may not be placed laterally paired, there must be a minimum separation of one meter between them. Bunk beds cannot be installed in the living room.
F) Bathrooms will have at least a bathtub or shower, toilet and sink.
G) The reduction of the minimum area requirements will require an application accompanied by a report from a competent technical person in which the impossibility or serious technical difficulty of its compliance is justified, which may not be based exclusively on economic reasons in the terms provided for in article 18 of Decree 143/2014, of October 21, which regulates the organization and operation of the Andalusian Tourism Registry; or because the property where the establishment is located enjoys some type of protection according to the regulations governing the Historical Heritage of Andalusia.
In these cases, the reduction of 15% of the total minimum surface of the accommodation unit, established by categories up to a maximum of 20% of the accommodation units, is allowed. If you have 5 or less u.a., this reduction may be applied to all your accommodation units.’
Ten. Annexes III to VI are deleted.
Article 3. Modification of Decree-Law 13/2020, of May 18, establishing extraordinary and urgent measures relating to hotel establishments, coordination of alerts, promotion of telematics, reactivation of the cultural sector and flexibility in various areas in the face of the situation generated by the coronavirus (COVID-19), in accordance with the provisions of its seventeenth final provision.
This decree-law is modified in the following terms:
One. Article 14 is worded as follows:
‘Article 14. Hotels.
1. This group belongs to those establishments intended for the provision of the tourist accommodation service that, in addition to the requirements of minimum infrastructure dimensions defined in Annex I, meet the minimum services and minimum score required for their category in Annex II.
2. Hotels, except for the cases referred to in article 6, must occupy all or independent part of a building or set of buildings in a homogeneous way and have their own entrances and, where appropriate, elevators and stairs for exclusive use. Complementary services may be offered in the building to users of the establishment, even provided by persons or entities other than the owner of the tourist accommodation operation, provided that they are inside the building and have direct access to the establishment, regardless of whether they may also be accessible to the general public.
In the case of complementary services operated by a person other than the owner of the hotel establishment, it will be stated in the regulations of the internal regime of the establishment. In this case, the surface of the same cannot be computed as social areas.
3. Hotels made up of more than one building must be identified as a single establishment and it will be understood that they meet the requirement of the autonomous functional unit, when any of the following cases apply:
A) That occupy a delimited space on which there is a right of exclusive use by the operating company, including the access area to the different buildings.
B) That the buildings are united for the transit of users through the flight or through the subsoil.
C) That between the entrance routes for the users of the buildings there is a distance equal to or less than ten meters, provided that there is no vehicle circulation route between these entrances, without being considered as such, the transit authorized by the Public Administration.
Two. Article 15 is worded as follows:
‘Article 15. Hotels-apartments.
1. This group includes those establishments intended for the provision of the tourist accommodation service that, in addition to the requirements of minimum infrastructure dimensions defined in Annex I, comply with the minimum services and minimum score required for their category in Annex II, including those specific to the group provided for in areas II.2 and II.3, as they also have adequate facilities for the conservation, processing and consumption of food and beverages within each accommodation unit.
2. Hotel-apartments, except for the cases referred to in article 6, must occupy all or independent part of a building or set of buildings homogeneously and have their own entrances and, where appropriate, elevators and stairs for exclusive use. Complementary services may be offered in the building to users of the establishment, even provided by persons or entities other than the owner of the tourist accommodation operation, provided that they are inside the building and have direct access to the establishment, regardless of whether they may also be accessible to the general public.
In the case of complementary services operated by a person other than the owner of the hotel establishment, it will be stated in the regulations of the internal regime of the establishment. In this case, the surface of the same cannot be computed as social areas.
3. Hotel-apartments made up of more than one building must be identified as a single establishment and will be understood that they meet the requirement of the autonomous functional unit in any of the following cases:
A) That occupy a delimited space on which there is a right of exclusive use by the operating company, including the access area to the different buildings.
B) That the buildings are united for the transit of users through the flight or through the subsoil.
C) That between the entry routes for the users of the buildings there is a distance equal to or less than ten meters, provided that there is no vehicle circulation route between these entrances, without the transit authorized by the competent public administration being considered as such.
Three. The explanatory note to requirement 162 of Annex II is worded as follows:
«(162) In 3 to 5 star hotels and hotel-apartments, the bathtub will have a minimum length of 1.6 m and the shower tray will have a minimum size of 0.90 m². In both cases it will have a minimum width of 70 cm. At least 80% of the total bathrooms must meet these minimum dimensions.
The existence of a screen will not be mandatory in the case of exempt-type bathtubs.”
First additional provision. Transitional regime of tourist housing registered in the Tourism Registry of Andalusia.
1. Homes registered in the Tourism Registry of Andalusia that do not meet the requirements established in article 6.1, letters e), f) and g) and in the second paragraphs of letters a) and c) of the annex to Decree 28/2016, of February 2, will have a period of one year to comply with them.
2. Housing for tourist use must communicate the periods of operation within six months from the entry into force of this decree. In case of not being carried out, it will be understood that the period of operation is the full year.
Second additional provision. Places registered in the Andalusian Tourism Registry.
When the registered places do not coincide with the provisions of paragraphs b) and c) of article 6.1 of Decree 28/2016, of February 2, the owners of the exploitation of the houses must declare to the Tourism Registry of Andalusia, within six months from the entry into force of this decree, the corresponding number depending on the minimum built dimension and the number of bathrooms available.
Third additional provision. Communication to the Tourism Registry of Andalusia of the change of ownership of the exploitation of housing for tourist use.
Those entities that, by virtue of the provisions of Decree 28/2016, of February 2, in the wording given by this rule, are considered an operating company, will have a period of six months to communicate to the Tourism Registry of Andalusia of the change in the ownership of the exploitation of the corresponding housing for tourist use.
Fourth additional provision. Transitional regime of tourist apartment establishments registered in the Andalusian Tourism Registry.
The tourist apartment establishments registered in the Tourism Registry of Andalusia that do not meet the requirements established in Annexes I and II of Decree 194/2010, of April 20, of tourist apartment establishments in the wording given by this rule will have a period of one year to comply with them.
Single derogatory provision. Regulatory repeal.
Any provisions of equal or lower rank that oppose the provisions of this decree are repealed.
Single final provision. Entry into force.
This decree will enter into force twenty days after its publication in the Official Gazette of the Junta de Andalucía.
Seville, January 29, 2024
Juan Manuel Moreno Bonilla
President of the Junta de Andalucía
CARLOS ARTURO BERNAL BERGUA.
Minister of Tourism, Culture and Sport
Photograph by Myra Cecilia Azzopardi.
