Visit to the Junta de Andalucia re new regulations

[Sanchisimo]

Right. A visit was made to the Junta de Andalucia's Delegación Territorial de Cultura, Turismo y Deporte office in Málaga today (for those that know the city it's the tall white office block by the Larios Centre). We managed it so that it didn't coincide with breakfast.

Their unanimous response was that the register doesn't open until 11th May so we couldn't do it before then. After being pressed they said that it could all be done (in advance) via their portal on the internet and they gave me a two sided sheet entitled NORMATIVA TURISTICA which has the section:

Viviendas con fines turísticos Decreto 28/2016, de 2 de febrero, de las viviendas con fines turisticos y de modificación .... de establecimientos de apartamentos turísticos.

It's the viviendas that we are interested in, the apartamentos one is the modification of an old decreto for blocks of tourist apartments (these have been around for some time and have the AT sign outside).

On the reverse is the FORMULARIOS REAT section and they helpfully highlighted the following one for us to link through:

Decleracion responsable para el acceso o ejercicio de la actividad

https://ws072.juntadeandalucia.es/ofvir ... utnocertjs

Now, here is where it falls apart as there is no section for viviendas con fines turísticos. We've sent them an e-mail asking for help but we will be back there next week and will provide an update. If I was to make a guess, the department didn't really prepare in advance of the decreto being passed and haven't put the formulario up yet.

[Swales]

There is a section for viviendas co fines turisticas.
If you scroll right to bottom of section 4 on the form which is on a different page from rest of section 4.
I've been applying for Vivienda a Turistica de Alojamiento rural which is not in remit of the new law and apparently I can submit my application anytime.
There has been a very helpful forum member Costa Brava who has helped me through the form. It's actually not as bad as it initially looks a lot of sections are left blank and only really apply to hotels and the like. I suspect viviendas con fines similar to VTAR. Although you will have to provide all the supporting documents. Non required for VTAR. Good luck.

[costa-brava]

Swales came up with an important point when he was doing his form. One section mentioned "Escritura de la constitucion....etc." and can easily be mistaken for "escritura de compraventa".
I think the "escritura de constitucion de la comunidad" will be important for anybody planning to licence an apartment as opposed to a house under the new laws. Perhaps also to terraced house where there is a "comunidad de propietarios".
What it means is that individual communities and complexes each have a constitution that was drawn up by a public notary. Nearly everything drawn up by a "notario" is called an escritura.
Some communities have a clause in the constitution that forbids tourist use; that's why they ask for it when you apply for a licence.
So I think the bottom line is that when you eventually are able to apply for a licence in Andalucia under the new law, you will have to produce a copy of this "escritura" (NOT THE ONE OF COMPRAVENTA".
You will get a copy from the agency that acts as administrator with the annual general meetings etc.
If you have an individual villa on the hillside you should not generally need this.

[costa-brava]

UPDATE to my last post.
Although the gist of my post is correct, the document "escritura de constitucion" required in SWALES' form is for the constitution of a limited company (for when the application is being made by a registered business).
You guys are going to have fun when all this new stuff kicks off in May.