Not every short rental is a tourist home. In Andalusia the regional rules define their scope expressly, and the amendment made by Decree 31/2024 clarified the exclusions. Knowing which side your rental falls on determines the applicable rules and the owner's obligations.
The exclusion in Decree 31/2024
Decree 31/2024 of 29 January amended Decree 28/2016 on homes for tourist purposes. One of its novelties is the exclusion from the tourist regime of homes let for more than two continuous months to the same tenant. Those homes cease to count as tourist homes for the purposes of the regional rule.
The same reform also excludes homes whose property titles or association statutes expressly forbid tourist accommodation.
Which regime then applies
A lease outside the tourist regime is governed by state lease legislation. Article 3 of the Urban Leases Act treats seasonal leases as leases for a use other than housing, and article 5.e excludes from the Act the temporary assignment of homes marketed through tourist channels for profit when they are subject to a specific sectoral regime.
Classification therefore matters. A badly classified contract can create problems with the tenant, the association or the authorities.
Be careful with classification
A correct classification looks at the reality of the contract, not just its title. If a home is let to the same tenant for several months for work or study, it is probably a seasonal lease. If it is let by the day to tourists, the tourist regime applies with all its obligations.
Courts look at the actual use, and a seasonal contract used as cover for a tourist activity may be treated as a fraud on the law.
Guidelines for owners
- Define the purpose of the rental and state it in the contract.
- Do not chain short stays with the same tenant to avoid the applicable regime.
- Keep proof of the reason for the temporary stay, such as an employment contract or enrolment.
- Review the rules of the association and the municipality.
- Ask for advice when the duration is close to the two-month limit.
The regime changes with duration and purpose. Before publishing an advert or signing a contract, classify the activity correctly. It is the decision that conditions everything else.
This article is general information on Spanish law and not personalised advice. Contact us to discuss your case.
Carlos Babot Horcajadas
Lawyer admitted in Málaga, no. 10.971. Partner at Babot Aranguren Abogados. More about the author.