In recent years, the Costa del Sol has become a hotspot for short-term holiday rentals, attracting tourists from all over the world to its sun-soaked beaches and vibrant coastal towns. Fuengirola, one of the most popular destinations in this region, has seen a surge in demand for holiday accommodations, particularly holiday homes and villas. However, with the increase in rental properties, local authorities have introduced new regulations to better control and manage these accommodations. The most recent update to these regulations came in the form of Decree 31/2024, which significantly impacts property owners across the region.
Whether you’re a seasoned property investor or a first-time landlord, navigating these new regulations can be a complex task. Fortunately, this is where property management Costa del Sol experts can step in to help ensure compliance and maximize your rental income.
In this article, we will delve into the changes introduced by the new law, what they mean for property owners, and how you can ensure your property remains compliant with local regulations.
The Importance of Compliance: Why Property Owners Need to Pay Attention
As the demand for holiday rental management services grows, so does the need for local governments to regulate the sector more strictly. In Fuengirola and other parts of the Costa del Sol, property owners who regularly rent out their properties to tourists must comply with a set of rules designed to protect both the quality of life for residents and the integrity of the local tourism industry.
Failure to comply with these regulations could result in significant fines, property registration issues, or even the cancellation of your registration as a tourist accommodation. The villa rental management sector, in particular, can be affected, as many villas and holiday homes are rented out frequently, and stricter oversight is being applied.
The most recent update to the regulations, Decree 31/2024, went into effect in February 2024 and introduced several important changes to how tourist accommodations are regulated across the region.
Key Changes in the New Law for Holiday Rentals
- The First Occupation License (FOL) Requirement Has Been Removed
One of the most significant changes introduced by the new law is the removal of the First Occupation License (FOL) requirement for properties applying for holiday rental registration. Previously, property owners had to submit a FOL along with a responsible declaration to register their property as a tourist accommodation (VUT – Vivienda de Uso Turístico).
Under the new law, the FOL requirement has been replaced by a declaration that the property complies with urban planning regulations. This is a major shift, particularly for properties that may not have a FOL but are still eligible for holiday rental use. However, it’s important to note that the property must genuinely meet urban planning requirements, and it’s advisable to obtain a certificate from a qualified architect to confirm this.
- Limitations on Holiday Rentals in Communities of Property Owners
The new law also introduces restrictions on holiday rentals in communities of property owners. If the community’s statutes explicitly prohibit holiday rentals, property owners will not be able to legally rent their properties for short-term stays. This can be particularly important in apartment buildings or complexes where the community’s governing body may choose to ban tourist rentals altogether.
In addition, property owners will need to provide certification from the Land Registry confirming that the community does not prohibit holiday rental management before applying for registration.
- Updated Technical and Habitability Requirements
Another key change introduced by Decree 31/2024 is the update of technical and habitability requirements for tourist accommodations. These include:
- Minimum square footage per guest: A minimum of 14 square meters per guest, making it illegal to rent out studios smaller than 28 square meters for two people.
- Bathrooms: A minimum of two bathrooms if the property sleeps more than five people, and three bathrooms for properties that sleep more than eight.
- Heating and Refrigeration: Properties must be equipped with heating and refrigeration systems.
- Fire Safety: Installation of smoke detectors or a fire extinguisher in the kitchen area.
- 24-Hour Assistance: A requirement for 24-hour telephone assistance to guests in case of emergencies.
For villa rental management companies, it’s essential to ensure that the properties they manage meet these updated requirements. If your property is not yet compliant, there is a grace period for habitability requirements until August 2024. However, other updates, such as rental period reporting, must be implemented by August 2024.
- Specifying Rental Periods in the Responsible Declaration
The new law also requires property owners to specify the rental periods in their responsible declaration when registering their property. This ensures that the property is only rented out during specified periods, preventing it from being marketed as a permanent tourist rental. Failure to provide this information could result in the property being classified as a permanent tourist accommodation, which may not be ideal for all owners.
What Property Owners Must Do Now to Ensure Compliance
With these significant changes in mind, property owners must take proactive steps to ensure their properties remain compliant with the new regulations. This is where professional property management Costa del Sol services come in.
Here are a few steps property owners can take to ensure their property complies with the new law:
- Verify Your Property’s Registration Status: If your property is already registered as a tourist accommodation (VUT), verify that all the information is up-to-date and complies with the new regulations. If it isn’t registered yet, it’s crucial to start the process as soon as possible.
- Ensure Compliance with Habitability Requirements: If your property needs to meet the new technical and habitability standards, such as the minimum square footage per guest or the installation of fire safety measures, make sure these are completed by the grace period deadline of August 2024.
- Working with a Property Management Company: Navigating the intricacies of the new regulations can be daunting. That’s why it’s a good idea to partner with a professional property management Costa del Sol company. These experts can handle everything from registration and compliance to guest services and maintenance, ensuring your property operates smoothly and legally.
At Vivi Property Management, we specialize in helping property owners navigate the complexities of local regulations, particularly in the holiday rental and villa rental management sectors. Our team ensures that your property meets all the required standards, from habitability to registration, so you can focus on maximizing your rental income without worrying about compliance issues.
Why Choose Vivi Property Management?
If you own a holiday rental property on the Costa del Sol and need expert guidance, Vivi Property Management is here to help. We offer a comprehensive range of services, including:
- Holiday Rental Management: We take care of everything from booking management to guest communication and maintenance, ensuring your property stays booked and well-maintained year-round.
- Villa Rental Management: Our villa rental management services are designed to provide a high level of care for luxury properties, offering tailored services for both owners and guests.
- Legal Compliance: We ensure your property is fully compliant with the latest regulations, helping you avoid potential fines and penalties.
- Maximized Revenue: Our expert team works to maximize your rental income by leveraging the latest marketing strategies and platforms.
If you’re looking for a property management Costa del Sol expert who understands the intricacies of local regulations, look no further than Vivi Property Management. Contact us today to learn more about how we can help you manage your holiday rental property effectively and ensure full compliance with the new law.
Key Takeaways: How the New Law Affects Holiday Rentals
The new law for holiday rentals in Fuengirola and across the Costa del Sol brings significant changes that property owners need to be aware of. From updated technical requirements to limitations on holiday rentals in community properties, compliance with the new regulations is essential for property owners looking to maintain a successful rental business.
By partnering with a trusted property management Costa del Sol company like Vivi Property Management, you can ensure your property stays compliant, profitable, and well-managed in this evolving landscape. Contact us today to get started!