Tourist accommodations, commonly referred to as Vacationer-Friendly Dwellings (VFTs), are privately owned properties that individuals choose to rent out for short stays to tourists, aiming to supplement their income by offering accommodation services in exchange for a fee. These properties are promoted through various tourism platforms, such as travel agencies, companies facilitating tourism services, and websites facilitating booking services.
The criteria for these tourist dwellings are outlined in Article 6 of Decree 28/2016, dated 2 February, specifically focusing on the requirement for a first occupancy license. Nonetheless, certain dwellings may lack this license, either because it wasn’t obtained upon construction completion or due to the age of the building.
Typically, the first occupancy permit is sought by the developer of a complex, except in cases of private development, where the property owner initiates the application process. Consequently, obtaining a first occupancy license solely for an individual property within a complex has not been feasible.
Recognizing the surge in tourist rentals and the legal gap for properties lacking a First Occupation Permit due to the age of the residential complex, Marbella, inspired by the practices of other Town Halls like Malaga, Mijas, or Estepona, has recently introduced a mechanism. This allows property owners to acquire an administrative certificate, equating properties meeting the requirements of the Fifth Transitional Provision of Law 7/2021 (promoting the sustainability of Andalusia’s territory) to structures with planning permission. This enables owners to rent their homes for tourist purposes, even if the complex lacks an occupancy license due to its age.
To obtain this administrative certificate, applicants must submit the certificate of completion of works or the building’s age, a simple note from the Land Registry, documentation confirming property ownership, and a copy of the self-assessment of the corresponding tax.
Given the recent implementation of this process by the Marbella Town Council, it is advisable to contact our office for a case-specific analysis and comprehensive guidance.
