Tourist dwellings, known as VFTs, are properties owned by a private individual who decides to rent them out to tourists for short stays in order to earn additional income and where only an accommodation service is provided in exchange for a price. These properties are advertised through tourism platforms, i.e. travel agencies, companies that arrange or organise tourism services and websites where bookings are made.
The requirements for tourist dwellings are set out in Article 6 of Decree 28/2016, of 2 February, on tourist dwellings, one of which is that the dwelling must have a first occupancy licence.
However, in some cases, the dwelling does not have this licence, either because it was not obtained when the construction was completed, or because the dwelling does not have it due to the age of the construction.
Since the first occupancy permit must be applied for by the developer of the complex – except in the case of a private development, where the permit is applied for by the owner – the permit is applied for and issued for all the dwellings in the complex. It was therefore not possible for a private owner of a property within a complex to apply for a first occupancy licence only for his own property.
However, in view of the massive increase in tourist rentals and the legal vacuum that existed for those properties that did not have a First Occupation Permit due to the age of the residential complex to which they belonged, Marbella, following in the footsteps of other Town Halls such as Malaga, Mijas or Estepona, has recently created a channel to obtain an administrative certificate that equates properties that meet the requirements of the Fifth Transitional Provision of Law 7/2021, of 1 December, to promote the sustainability of the territory of Andalusia, to buildings with planning permission, so that these owners can rent their homes for tourist purposes, even if the complex, due to its age, does not have an occupancy licence.
In order to obtain this administrative certificate, it is necessary to submit with the application the certificate of completion of the works or the certificate of the age of the building, a simple note from the Land Registry or a document accrediting the ownership of the property and a copy of the self-assessment of the corresponding tax.
Due to the recent introduction of this channel by the Marbella Town Council, we recommend that you contact our office for an analysis of your specific case in other to get further advice.
Thank you Gemma Fuentes Romero at Franke de la Fuente, for this great text.
