Hello and welcome to a new entry in our blog. Today we are going to talk about holiday homes or VFT which in Malaga have become a successful economic activity.
This type of economic activity is always perceived as a problem within homeowners' associations, but there are several ways to reach understandings.
At Southern We believe that it would be a good time for the communities to regulate this relationship, and for these tourist homes to have clearer rules within the communities of neighbours.
What is a Tourist Dwelling or VFT?
We thought we would start by clarifying the concept of Tourist Housing or VFT and some of its characteristics.
Not all dwellings are eligible to become a Vivienda con Fines Turísticos (VFT). We will delve a little deeper into the legal and tax requirements that must be met. Also on other aspects without which they could not be considered either TFP or legal.
It is the Decree 28/2016, of the Andalusian Regional Government which defines tourist dwellings in Article 3.
This explains what is to be understood as a dwelling for tourist or holiday purposes. In this way, it indicates that these dwellings must be on what we normally call "Residential Land" (that destined for dwellings). Another important aspect is that there must be an economic consideration between the person who rents and the person who receives the service.
Frequently asked questions about VFTs
- What do homeowners' associations have to say in this economic activity?
- What can they do to regulate their use within the community?
- Can the community impose limits on this type of housing?
The decree also assumes that the property being rented is being offered on a regular basis. This can be done through rental platforms such as Airbnb, Homeaway, Wimdu, or Booking, or through advertisements in magazines or any other advertising channel.
An important characteristic is that they must represent an economic income for the person who sporadically rents this property. All of this without having to dedicate themselves professionally to this type of activity.
Another limitation of the decree is that a person can only have two dwellings for tourist purposes within a radius of 1000 metres.
Tourist homes or VFT (the full name is Viviendas con Fines Turísticos) are often a cause of conflict, but the reality is that you cannot prohibit this activity within the communities. What can be done, however, is to regulate certain aspects of these tourist dwellings within the communities of owners in Malaga.
The increase in this type of tourist activity has brought a certain amount of unease to the communities. This is due to the disturbances that it usually causes: noise at rest hours, abuse of the communal facilities, disrespectful behaviour towards the rest of the neighbours, increased dirtiness, and some others.
There are many doubts about what to do or what measures to take, and proof of this is the number of questions we receive every month in our office. Here are some examples.
What do homeowners' associations have to say about the activity of holiday homes?
A community cannot prevent an economic activity, but it can regulate it.
This is undoubtedly the underlying problem that ended up being reflected in the Royal Decree Law 7/2019. This means that homeowners' associations can limit or set conditions for the use of this type of dwellings for tourist purposes, by creating specific ad hoc clauses or rules that are reflected in the articles of association of the association.
How are these provisions adopted?
In order to implement this type of specific rules, it is essential to have the vote in favour of ⅗ shares of the total number of owners representing ⅗ shares of the participation quotas.
With the support of this majority, it would already be possible to create special fees or, for example, an increase in the usual fees of up to 20% for those tourist dwellings operating in that community.
Another thing a homeowners' association can decide about is whether these activities will only be possible at certain times of the year.
It is also possible to regulate whether the person carrying out this activity has to take out the most comprehensive insurance possible to cover all damages that may occur during this activity.
What does the Junta de Andalucía oblige us to do in order to consider our home a VFT?
Legal requirements
The first would be the legal requirements. As we have already said, tourist homes or VFTs must be located on residential land. It can be a flat, a flat, a house, a villa, etc. and it must always receive money for the stay.
Requirements for tourist accommodation
Then there are requirements that affect the tourist dwellings themselves. The essential ones would be, for example, to have the occupancy licence, that the rooms have direct ventilation to the street or to a patio. They must also have a system for darkening the windows, be sufficiently furnished, have electrical appliances that work properly and a first aid kit. It is also mandatory that tourist information as well as complaint and claim forms are left in the VFT.
The start of VFT activity
The activity can commence when the application form has been completed and submitted. "Declaración Responsable para inicio o ejercicio de la Actividad" (Declaration of Responsibility for starting or exercising the activity). with the Junta de Andalucía. In this document you have to declare, among other things, that you are aware of and comply with all the regulations that the administration indicates.
Requirements
There are certain prerequisites that must be included in the rental contract for VFT homes, such as: that each client will be cleaned on arrival and departure, how much bed linen and household goods are available for their stay, a customer service telephone number, where all the instruction manuals for the electrical appliances and other devices in the home can be found, and of course, a very clear document specifying the internal rules of the VFT and the rules of the community of neighbours.
The maximum capacities have several sections that are worth knowing. If it is a complete dwelling, it must not exceed 15 beds. If it is a dwelling that is rented by rooms, these must never exceed 6 beds, and finally, no more than 4 beds per room are allowed.
A maximum length of stay in VFT housing is set, which may never exceed two months at a time for the same person.
It is also not compulsory for the owner to run the business directly. It is possible to transfer the economic operation to another natural or legal person so that they can carry it out for the owner. In this case you do not have to take care of any management. The best thing to do is to have a contract for your peace of mind.
Can communities impose sanctions on tourist dwellings that do not comply with the regulations?
It is true that there is a common problem throughout our region about the limitations and sanctions that can be imposed by the communities of owners on tourist homes or VFTs operating in their buildings. These types of actions are not clear and leave the communities and their statutes as regulators.
What the community can do is to be very vigilant with the permits for minor works, which are usually done to adapt the dwellings, the request for the activity licence, the registration with the tax authorities, the extended insurance, fire protection installations, etc.
It is no less true that national and regional legislation does not help to delimit other aspects that affect VFT dwellings; from contractual typologies, to the protection of urban planning legality and the sanctioning regime in tourist accommodation law, but for the time being this is the framework in which we have to operate.
We hope we have given you some clues on how to resolve these conflicts in accordance with the law and common sense.
If you need more in-depth advice about Holiday Homes for Tourist Purposes (VFT), do not hesitate to call us. We will be pleased to help you. In this link you will be able to contact us quickly.
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