Junta de Andalucía has revoked licenses of 2,445 tourist apartments across the eight capital cities of the region. This action was taken at the request of the municipal governments due to non-compliance with general plans and other regulations.
The specific breakdown of revoked licenses is as follows:
- Seville: 721 licenses
- Cádiz: 617 licenses
- Málaga: 435 licenses
- Granada: 316 licenses
- Almería: 140 licenses
- Huelva: 87 licenses
- Jaén: 79 licenses
- Córdoba: 50 licenses
These figures were provided by the Consejería de Turismo.
Ramón Fernández-Pacheco, the spokesperson for the Andalusian government, explained in a press conference that the Tourism Department holds meetings with municipalities to implement the tourist housing decree approved in February 2024. They analyze cases submitted for potential license revocations issued under the responsible declaration.
If a request is made by a municipality, the affected party is given a hearing. After an analysis, if it is determined that there has been a violation of regulations, the license is revoked. Fernández-Pacheco emphasized that the responsible declaration process involves thorough inspections, especially when there are complaints or reports of non-compliance.
The ongoing debate in major tourist cities exemplifies that the decree is serving its purpose. It provides a tool for mayors to take initiative in limiting or revoking tourist apartment licenses.
Regarding the recent protest in Málaga against tourism's impact on housing availability, the spokesperson stated that the Junta respects such expressions of concern and is taking note of the issues raised.
For more information and updates on this topic, please refer to the official channels of the Consejería de Turismo and local government announcements.
Málaga Leads in Tourist Accommodation in Andalusia:
Málaga province boasts the highest concentration of tourist apartments in Andalusia, with over 39,000 units, representing nearly 4% of its total residential properties. This makes Málaga the top region in Spain for tourist accommodations, surpassing Alicante, which has 37,962 units, and the Balearic Islands with 26,507 units.
According to data from the National Statistics Institute (INE), the Centro district of Málaga city is particularly notable, with occupancy rates ranging from 18% to 29%. Nationally, Málaga accounts for 11% of Spain's total of 340,424 tourist apartments. Despite leading in the number of tourist apartments, Málaga is slightly behind Alicante in terms of available accommodation spots, with 197,849 spots compared to Alicante's 201,492.
Distribution by Municipality
- Málaga City: 6,550 apartments, 28,200 spots
- Marbella: 6,540 apartments, 37,814 spots
- Mijas: 3,979 apartments, 21,628 spots
- Benalmádena: 3,431 apartments, 16,209 spots
- Estepona: 2,989 apartments, 15,603 spots
- Fuengirola: 2,427 apartments, 11,724 spots
- Nerja: 2,187 apartments, 10,183 spots
- Torremolinos: 2,280 apartments, 8,579 spots
High Percentage of Tourist Apartments
In relation to the total number of residential properties, tourist apartments in Málaga province constitute 3.92%, one of the highest percentages in Spain, surpassed only by a few island provinces. Notable municipalities with high percentages of tourist apartments include:
- Nerja: 13.15%
- Frigiliana: 9.12%
- Benahavís: 8.78%
- Casares: 7.78%
- Ojén: 9.21%
- Júzcar: 9.05%
The city of Málaga is implementing significant changes to its short-term rental regulations, which will affect both prospective property buyers and current owners, especially those living abroad. These new rules are designed to curb the proliferation of tourist accommodations in residential areas and address the growing concerns over affordable housing.
Key Regulatory Changes
1.Registration Update:
- Change registration from VFT/SE/00000 to VUT/SE/00000 in all ads.
2. Annual Declaration of Operating Periods
Owners must declare their operating periods annually. If a property does not operate year-round, the specific periods of operation must be communicated before January 1 each year. Changes to operating periods must be reported in advance using the designated communication form available on the Andalusian Tourism Registry website.
- Report operating periods online between February 22 and August 22, 2024. If not reported, it's assumed the property operates year-round.
3. Capacity and Facilities:
- Ensure 14 sqm per person, up to 6-15 guests based on property type.
- Heating required for December-March, cooling for May-August.
- Kitchens must have essential appliances and utensils.
- Bedrooms must meet standards for bed size, lighting, and storage.
4. Limit on the Number of Units Managed:
Property owners directly or through management companies will now be restricted to operat a maximum of two short-term rental units. This regulation aims to prevent large-scale property speculation and ensure that the market remains accessible to individual property owners and small investors.
- If managed by an operator, notify the change within 12 months.
5. Safety:
- Installation smoke detectors and fire extinguishers.
6. Separate Entrances Requirement
One of the most stringent new requirements is that short-term rental properties must have independent entrances separate from those used by long-term residents. This change is intended to minimize disturbances to permanent residents and maintain the residential character of neighborhoods. This rule applies across the entire province of Málaga. Link here
- Effective Date: By February 22, 2025
7. Compliance Deadlines:
Owners must ensure their properties comply with these new regulations. This includes making any necessary structural adjustments to meet the separate entrance requirement and updating their management practices to adhere to the new unit limits.
For the complete regulations and to access the necessary forms, visit the Tourism Register of Andalucía.
Impact on Existing Licenses and Bookings
While existing licenses will remain valid, property owners must ensure their operations comply with the new regulations by the specified deadline. This includes both structural changes and operational adjustments.
Managing Future Bookings
For those with bookings extending beyond the compliance deadline, it's crucial to update guests about potential changes or disruptions. Non-compliance could result in fines or the inability to honor future bookings, which can harm reputation and financial stability.
Steps for Declaration and Submission
1. Fill Out the Form: Complete the relevant form available on the Andalusian Tourism Registry website.
2. Submit Online: Submit the form online through the virtual office, ensuring you use an approved digital certificate.
3. Receive Confirmation: After submission, you will receive a notification email confirming the changes to your registration and operating periods.
Addressing Affordable Housing Concerns
Malaga's housing market has been under pressure due to the increase in short-term rentals, which has contributed to a shortage of affordable housing. The new regulations aim to strike a balance between tourism and residential needs, ensuring that local residents have access to affordable housing options. By limiting the number of tourist accommodations and enforcing stricter controls, Málaga is taking steps to preserve its residential areas and prevent the displacement of long-term residents.
Conclusion
These regulatory changes represent a significant shift in how short-term rentals will be managed in Málaga. Property owners must take proactive steps to ensure compliance by the August 2024 deadline to avoid penalties and maintain their rental operations. By staying informed and making necessary adjustments, owners can continue to benefit from the lucrative short-term rental market while adhering to the new standards set forth by the local government.
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