What fines can I get if I break the tourist home rules? Minor, serious and very serious offences, amounts and how they are reduced

Short answer: Law 13/2011 on Tourism in Andalusia classifies breaches as minor (a warning or a fine of up to €2,000), serious (from €2,001 to €18,000) and very serious (from €18,001 to €150,000), under its article 78. Renting without being registered, accommodating more people than registered or not having complaint forms are serious. Not registering guests is something else: it is fined by the Ministry of the Interior, under the Public Security Act, from €601 to €30,000. No fine is automatic: there are proceedings, you can make representations and, if you admit the offence or pay early, the amount goes down.

How much is each type of fine?

The amounts are in article 78 of Law 13/2011. The exact figure within each range is decided by the Junta depending on the circumstances of the case.

Two rules can push it up. It can be increased «up to three times the price of the services affected by the offence» (art. 79.3). And repeating moves you up a category: committing another offence of the same kind in the year after being notified of a final penalty is repeat offending (art. 79.2). Repeat minor offences are a serious offence (art. 71.24), and repeat serious offences, a very serious one (art. 72.10).

Which breach is minor, serious or very serious?

These are the most common cases for an owner. All of them are under Law 13/2011. Where the law does not name the conduct exactly, we say so.

Two cases that the law does not name in those words:

• A listing without the registration code. The law requires advertising to include the classification details (art. 31) and the registration details to be given to the guest before the contract (art. 26.1.b). The closest fit is the minor offence for lacking «information that must be displayed» (art. 70.5) or for breaching the duty to inform (art. 70.6). This is our reading: there is no article that says «advertising without a code». Where to put it, in The licence code in listings.
• Renting outside the declared periods. Decree 28/2016 considers it «unregistered activity» (actividad clandestina, art. 3.1), and the Junta says it «may be penalised». The logical thing is for it to be treated like unregistered activity, which is serious, but the rules do not say so in those words. More in Operating periods.

Who pays the fine, the owner or the manager?

The one answerable is the holder of the operation, the person named in the responsible declaration: they «shall be responsible before the Administration and before the users» (art. 4.1 of Decree 28/2016). If that holder is your manager, they are the one answerable.

They are also answerable for what their employees and anyone providing services to guests do, such as cleaning (art. 73.2 of the Law). Without registration, whoever provides the service without being registered is answerable (art. 73.1.c). More in Whose name should the listings and the licence be in?.

Do they fine me straight away or are there proceedings?

There are proceedings. They are opened by the Territorial Delegation of Tourism (Delegación Territorial) on its own initiative or following a complaint from anyone (art. 82.1), usually after an inspection or a request for paperwork. If the inspector sees something minor and easy to fix that has not harmed anyone, they can draw up a warning report (acta de advertencia): it tells you what is missing and gives you a deadline to fix it (art. 67.4.c). We explain it in What happens if the Tourism inspectors check my flat?.

If there are penalty proceedings:

1. The Territorial Delegation notifies you of the decision to initiate (acuerdo de inicio): the facts, how they might be classified, the penalty that could apply and your right to make representations (art. 82.2).
2. You submit representations (alegaciones) and evidence. If you have received a letter, see I have received a formal request from the Junta.
3. The Junta decides. If six months pass from the start without a decision, the procedure lapses and is closed (art. 84).

Only exceptionally (for example, if there is a risk to people's safety) can the home be closed or the activity suspended as an interim measure while the proceedings last, and always after hearing you (art. 83).

Can the fine be reduced?

Yes, in three ways:

• Admitting the offence or paying voluntarily. If the penalty is only financial, each of the two reduces the proposed fine by at least 20 %, and the two reductions are added together (art. 85 of Law 39/2015). The condition is giving up your right to appeal through administrative channels. The decision to initiate has to tell you about this option (art. 64.2.d).
• Fixing the problem during the proceedings. Putting things right is one of the criteria the Junta must take into account when setting the amount (art. 79.1.i). Intent, the harm caused, the profit obtained and repeat offending also count.
• The harm being small. If the harm is «of little significance», the Junta can penalise a serious offence as minor, and a very serious one as serious, giving its reasons (art. 79.4).

Careful: if the Junta requires you to adapt the home or stop operating and you do not, it can also impose repeated coercive fines until you comply (art. 86).

How long do they have to fine me?

Offences become time-barred after six months (minor), one year (serious) and two years (very serious) from when they are committed (art. 75.1). When the breach involves an ongoing obligation, the period starts when the activity stops (art. 75.2). Opening proceedings with your knowledge interrupts the period (art. 75.3).

Final penalties are recorded in the Tourism Register and the entry is deleted after one, two or four years depending on whether they are minor, serious or very serious (art. 85.2). With repeat offending, intent or serious harm, the Junta can publish them in the BOJA with your name (art. 85.3).

What if I don't register guests?

It is a different fine, from the Ministry of the Interior, not from Tourism. It is imposed by the Government Delegation (Delegación del Gobierno) under Organic Law 4/2015 on Public Security and Royal Decree 933/2021:

A first serious offence is penalised in the lowest band, from €601 to €10,400, unless there are aggravating factors such as repeat offending (arts. 33.2 and 39.1). If you pay within fifteen days of notification, the fine is cut by 50 %, but you give up making representations and can only appeal in the courts (art. 54). Offences become time-barred after six months (minor) or one year (serious) (art. 38.1). How to do the register properly, in Guest registration.

Can they take my licence away because of a fine?

As a penalty, only in the extreme case of two or more very serious offences in three years, with a final decision and serious harm to Andalusian tourism (art. 78.3). There are other routes to cancellation that are not a fine: Can they take away my tourist licence?.

What we do

In the homes we manage we check the flat after every departure and keep an eye on guest registration, the code in the listings and that the advertised places match the registered ones. If you already have proceedings open, consult a lawyer.