# What happens if the Tourism inspectors check my flat? How it reaches you, what the inspector looks at, the four types of report and what to do next

> The Junta's Tourism inspectorate can come as a visit or, much more often, as a written request for paperwork. What the inspector can look at, what rights you have, what each type of report means and why almost everything is settled by putting things right in time.
>
> Topic: Problems with the authorities · Reviewed: 2026-10-03 · URL: https://mipisoturistico.app/en/guides/what-happens-if-the-tourism-inspectors-check-my-flat
> Published by Mi Piso Turístico (Torremolinos Gestión Vacacional), a holiday-rental management company on the Costa del Sol.

**Short answer:** the Tourism inspectorate belongs to the **Junta de Andalucía**, not the town hall, and it can act in two ways: with a **visit** to the home or by **asking you for information and documents in writing** (art. 67.3 of Law 13/2011). The second is by far the most common: in 2022, across the whole of Andalusia, the Junta sent 3,165 requests for documents and carried out 908 inspections of new tourist homes. If they visit, the inspector draws up a **report** (acta), which can be a report of compliance, a warning (giving you a deadline to fix something small), an infringement report or an obstruction report. Signing the report **is not an admission** of anything. The only thing that really makes matters worse is making the inspector's job difficult or not replying.

## Who inspects and how does it reach you?

The Regional Ministry of Tourism (Consejería de Turismo), through its Territorial Delegation (Delegación Territorial) in each province (art. 64 of Law 13/2011). The inspector is an **agent of the authority** and carries an identity card that they must show you (art. 8.1 of Decree 144/2003).

The inspection regulation distinguishes three methods (art. 12.1 of Decree 144/2003):

1. **Checking visits** to the home.
2. **Formal requests** (requerimientos): a letter asking you for documents or information. If you get one, see [I have received a formal request from the Junta: what do I do?](/guias/requerimiento-de-la-junta).
3. **Summonses** to appear at the Delegation with the documents.

And there is also **online inspection**: the Junta reviews published listings to check that they comply with the rules (art. 17.1), and the 2026 plan goes after unregistered homes «mainly through the internet» and with a mailbox for complaints from the public.

## Why would they inspect me?

There are three main routes:

- **Because you have just registered or made changes.** The 2026 Inspection Plan says that, for homes that start operating or are modified, «requests for the specified documents will be made first» and, if those documents are in order, visits may follow to check the rest of the requirements (programme G1).
- **Because of a complaint or a claim** from a guest, a neighbour or another public authority (art. 11 of Decree 144/2003).
- **Because you are not registered.** Going after unregistered supply is the plan's priority: at least 30 % of the actions in its specific programmes are aimed at that.

In practice, what the vast majority of registered owners receive is a **request for paperwork**, not a visit. That is our experience over ten years of management on the Costa del Sol: requests for information, yes; inspection visits, none. But they do happen, and it is worth knowing what to do.

## What can the inspector look at if they come?

During the visit they can (art. 18.2 of Decree 144/2003 and art. 66 of Law 13/2011):

- **Go round the home** and check the requirements: places and beds, bathrooms, air conditioning and heating, first aid kit, fire extinguisher, smoke detector, complaint forms, information for the guest. The full list is in [Mandatory equipment, item by item](/guias/checklist-equipamiento-obligatorio).
- **Ask for documents** and take copies: the responsible declaration, the contract with the guest, the guest register, the management contract if there is one.
- **Take photos, videos and measurements** of light, sound or temperature (art. 12.3).
- **Talk to whoever is there**, including the guests (art. 18.2).

If you do not have a document to hand at that moment, the inspector gives you **a deadline to hand it in** (the regulation says no less than ten days, art. 19.1) or summons you to the Delegation.

## Can they come in if there are guests inside?

Only with their permission: «If they are occupied by guests, their prior authorisation will be required» (art. 16.2 of Decree 144/2003). While the stay lasts, the home is the guest's home.

If the holder is not there, the inspector can deal with whoever is in charge of the service at that moment, for example the manager (art. 13.3). And if there is nobody who can deal with them, they leave a formal request with the date of the new visit, which **will never be less than 24 hours later** (art. 66.2 of Law 13/2011).

## What types of report are there?

At the end, the inspector draws up a report. There are four kinds (art. 67.4 of Law 13/2011 and art. 24 of Decree 144/2003):

| Report | What it means | What happens next |
|---|---|---|
| **Compliance** (de conformidad) | They found nothing | Nothing |
| **Warning** (de advertencia) | Something minor and easy to fix that has not harmed anyone (the complaint forms sign is missing, the fire extinguisher is out of date…) | It tells you which rule you are breaching and gives you **a deadline to fix it**. If you fix it, that is the end of it |
| **Infringement** (de infracción) | A breach that does not fit the warning category | **Penalty proceedings** may be opened |
| **Obstruction** (de obstrucción) | You did not let them do their job | It is an offence in itself (see below) |

To give you an idea: in 2022, of the reports drawn up on tourist homes that were starting to operate, **36 %** were of compliance, **47 %** warnings and **17 %** infringement reports, according to the Junta's official review. Almost half ended in «fix it within this deadline».

## Do I have to sign the report?

You can sign it, and it is advisable: **signing does not mean accepting what it says**. The law says so expressly: the signature is given «without implying acceptance of the content of the report» (art. 68.4 of Law 13/2011), unless you expressly admit something in it (art. 23.3 of Decree 144/2003). Refusing to sign does not get you off anything (art. 23.5).

What matters is something else: you have the right to make **representations there and then** and to have them recorded in the report (art. 68.2). If the fire extinguisher is in the hall cupboard and they have not seen it, say so and have it noted. The report is evidence of what the inspector saw in person, but evidence to the contrary is allowed (art. 68.5).

## What must I never do?

Make the inspection difficult. The law distinguishes two levels:

- **Serious**: «Conduct that hinders or delays the exercise of tourism inspection functions» (art. 71.22), with a fine of €2,001 to €18,000.
- **Very serious**: «Refusal or obstruction that prevents the tourism inspection services from acting, as well as providing them with false information or documents» (art. 72.3), from €18,001 to €150,000.

Not responding to a summons without good reason can also be considered obstruction (art. 19.2 of Decree 144/2003). Before drawing up an obstruction report, the inspector warns you in writing; if after ten days nothing has changed, they draw it up (art. 14.2).

## What happens after an infringement report?

It is not a fine yet. It is the starting point of possible **penalty proceedings** (expediente sancionador), which have their own safeguards:

- The Delegation has to open them with a **decision to initiate** (acuerdo de inicio) telling you what you are accused of, the possible penalty and your deadline to respond.
- You can **make representations, provide evidence** and be assisted by a lawyer or an adviser (art. 53 of Law 39/2015).
- If you **put right** what caused the proceedings while they are under way, it is a **mitigating factor** (art. 79.1.i of Law 13/2011).
- If you **admit** the offence or **pay voluntarily**, the proposed fine goes down **by at least 20 % for each**, and the two can be combined (art. 85 of Law 39/2015), in exchange for giving up your right to appeal through administrative channels.

The fines for each breach are in [What fines can I get?](/guias/multas-vivienda-turistica).

## How do I prepare?

The same things the inspector would ask you for are what protect you against a guest who complains:

1. **The receipt for the responsible declaration** and the registration decision, easy to find.
2. **The registration code in all your listings** ([where to put it](/guias/codigo-de-licencia-en-los-anuncios)).
3. **The places in the listing the same as the registered ones.** Not one bed more.
4. **The equipment checked**: fire extinguisher in date, smoke detector working, first aid kit, complaint forms and the sign announcing them ([mandatory paperwork in the flat](/guias/hojas-de-reclamaciones-e-informacion)).
5. **The guest register up to date** ([how it is done](/guias/registro-de-viajeros)).
6. **If you have a manager**, make sure they know the inspector may turn up and that they have all this to hand: they are usually the one there when someone arrives.

A flat that is checked after every departure, as a good manager does, has no reason to fear an inspection.

## Sources

- [Law 13/2011 on Tourism in Andalusia, articles 63 to 68 (inspection), 71.22 and 72.3 (obstruction) and 79 (mitigating factors) (consolidated text, BOE, in Spanish)](https://www.boe.es/buscar/act.php?id=BOE-A-2012-876)
- [Decree 144/2003 of 3 June on the Tourism Inspectorate, articles 12, 13, 14, 16, 17, 19, 23, 24 and 27 (BOJA no. 109, 10 June 2003, in Spanish)](https://www.juntadeandalucia.es/boja/2003/109/d3.pdf)
- [Order of 24 December 2025, Scheduled Tourism Inspection Plan 2026, programmes G1 and E1 (BOJA no. 3, 7 January 2026, in Spanish)](https://www.juntadeandalucia.es/boja/2026/3/36)
- [Junta de Andalucía: review of the 2022 Scheduled Inspection Plan (requests, inspections and outcome of the reports on tourist homes) (in Spanish)](https://www.juntadeandalucia.es/sites/default/files/2023-05/Balance%20PIP%202022_0.pdf)
- [Decree 28/2016 on tourist homes, article 10 (inspection), Junta consolidated text (in Spanish)](https://www.juntadeandalucia.es/sites/default/files/inline-files/2025/04/Decreto%2028-2016%20de%202%20de%20febrero%20de%20las%20viviendas%20de%20uso%20turistico.pdf)
- [Law 39/2015 on Common Administrative Procedure, articles 53, 69 and 85 (consolidated text, BOE, in Spanish)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-10565)