The outlook for the Flexible Accommodation in Spain is undergoing a significant transformation due to recent government regulations. Thousands of owners of holiday homes are faced with the challenge of new challenges and uncertainties that could impact their ability to operate.
One of the major turning points is the obligation to obtain express authorisation from the residents' association in order to be able to offer Flexible Accommodation. This authorisation, which requires the approval of three-fifths of the owners, has become a fundamental requirement for registration in the Single Digital Register before 1 July.
However, the implementation of these regulations is generating great confusion. There is a lack of consensus between land registrars, property owners and administrations as to whether this neighbourhood permit applies only to new dwellings intended for the construction of new housing. Flexible Accommodation or also to those that were already operating. This ambiguity led to a collapse in the electronic headquarters of the Association of Land Registrars The urgency of the owners to register and ensure their continuity in the Flexible Accommodation.
The Andalusian Tourist Housing Association (AVVA-Pro) has expressed the concern about the lack of unanimous interpretation of the rule by the registrars. Some require neighbourhood approval for all dwellings in a building. Flexible Accommodationwhile others consider it only for new properties. This situation leaves many property owners in a position of uncertaintydepending on the decision of their communities of neighbours.
Another aspect that raises doubts is the situation of the housing that was already being offered by the Flexible Accommodation and were registered under the previous tourism regulations. Although the Boletín Oficial del Estado (BOE) of 3 January could be interpreted as a exemption from this new neighbourhood permit for these properties, not all registrars seem to share this interpretation.
The situation becomes particularly complex in autonomous communities such as Andalusia, where registration in the tourist register was done by means of a responsible declaration, assuming that registration implied the absence of prohibition by the community of neighbours. Now, the governmental requirement of an express authorisation jeopardises the operability of many of these holiday homes. Flexible Accommodation if they are not registered in the Unified Registry by July. Those properties that fail to achieve this registration may not be traded on online platformseven if they are registered in the regional register.
In addition to the neighbourhood authorisation, there are other questions that affect the Flexible Accommodation:
- Housing with ongoing resources with the administration: What will be your position under the new rules?
- Villas in communities with separate entrances: Will they be required to obtain neighbourhood authorisation?
- Transfer of the consideration of holiday rentals: Will it be maintained after the sale of a property?
- Rural housing and the licence of first occupation: The requirement of this document, which many older properties lack, could entail a high cost through the figure of the Asimilado de Fuera de Ordenación (AFO).
The low rate of registrations in the Digital One-Stop-Shop by the tourist dwellings already registered in Andalusia, estimated at scarce 5%he adds further uncertainty about the continuity of Flexible Accommodation activity from 1 July.
In short, the new regulations on tourist dwellings propose to significant challenges and uncertainties which require a urgent clarification by the authorities to ensure the viability of the Flexible Accommodation in Spain. The lack of certainty in the interpretation of the rule and the requirements for registration in the Single Register are generating concern and alarm among landowners, who see their economic activity endangered.
