Pre-purchase rental compliance report · illustrative
Apartment, Calle Ficticia 7 — Andalucía
- Reference
- EXAMPLE — not a case
- Municipality
- Withheld (fictional property)
- Intended use
- Holiday let (vivienda con fines turísticos)
- Buyer's stage
- Offer made, not yet signed
Summary of this example
Do not sign yet — two conditions first
1 layer clear, 1 to weigh in the price, 2 that must be resolved before signing. None of them makes the purchase impossible; two of them make it premature.
The four layers, one by one
Layer 01 · Comunidad de Propietarios
Community of owners
Caution — layer 1 of 4The bylaws say nothing about tourist use. The 2025 annual meeting recorded a proposal to limit holiday lets in the building; it was adjourned without a vote.
What this means for you
A later vote by a three-fifths majority under article 17.12 LPH could restrict tourist use after you have bought. The buyer cannot cure this alone.
What it could cost
Illustrative figure: if tourist use were restricted and the flat moved to long-term letting, gross rent in this example falls from €24,000 to €13,200 a year — €10,800 a year less.
What to do before signing
Ask the seller for the community's written position on item 6, and weigh the scenario priced above in the price you offer.
Source: Minutes of the 2025 annual meeting, item 6 (fictional document).
What was checked · 3 items
- Community bylaws (estatutos), 1998 text as registered
- Minutes of the last five annual meetings
- Any resolution under article 17.12 of the Horizontal Property Law
Layer 02 · Ayuntamiento
Town hall
Stop — resolve before signing — layer 2 of 4No municipal record of holiday-let activity for this unit, although the seller's listing advertises it as a holiday rental. Municipal taxes are up to date; no open inspection file was found.
What this means for you
The flat is being let without the record the activity needs. Whatever the seller did, you would have to put your own registrations in place before taking a single booking, and first confirm that the zone still admits new holiday lets.
What it could cost
Illustrative figure: three months without bookings while registrations are made ≈ €6,000 of gross rent in this example.
What to do before signing
Condition 1 — before signing, obtain written confirmation from the town hall that a holiday let is permitted at this address.
Source: Town-hall certificate requested for this illustration; seller's online listing (fictional).
What was checked · 3 items
- Municipal licensing and planning status of the unit
- Open inspection files or sanctions against the property
- Municipal taxes (IBI, waste charge) up to date
Layer 03 · Comunidad Autónoma
Regional rules (Andalucía)
Clear — layer 3 of 4In Andalucía, holiday lets in private homes (viviendas con fines turísticos) are regulated by Decreto 28/2016, which requires the property to be entered in the Registro de Turismo de Andalucía before it is marketed and the registration number to appear in its adverts. The unit as described meets the physical standards reviewed.
What this means for you
None beyond the registration in Layer 04, provided the standards are kept.
What it could cost
Illustrative figure: €0, if the conditions in Layers 02 and 04 are met.
What to do before signing
No action beyond Layer 04.
Source: Decreto 28/2016 (Junta de Andalucía), as read on the date of the report.
What was checked · 3 items
- Regional holiday-let regulation applicable to the property type
- Minimum standards the unit must meet to be let to tourists
- Recent regional decrees and announced changes
Layer 04 · Registro de Turismo
Regional tourism registry
Stop — resolve before signing — layer 4 of 4No entry for this address in the Registro de Turismo de Andalucía. The seller's adverts show no registration number.
What this means for you
The property cannot be marketed as a holiday let until it is registered, and the seller's current adverts are out of line with Decreto 28/2016.
What it could cost
Illustrative figure: included in the three months priced in Layer 02; no separate amount.
What to do before signing
Condition 2 — make registration a condition of the purchase, or reflect the delay and its cost in the price.
Source: Registro de Turismo de Andalucía search (fictional result for this illustration).
What was checked · 3 items
- Registry search by address and cadastral reference
- Registration number shown in the seller's adverts
- Pending sanctions or inspection records in the registry
How the summary follows
Four layers, one decision.
The summary is not a score. In this example each layer adds one thing: a layer marked Stop becomes a condition to resolve before signing, a Caution is weighed in the price, and a Clear layer adds nothing.
- Layer 1 · Community of ownersCautionWeigh in the price you offer
- Layer 2 · Town hallStop — resolve before signingCondition 1: resolve before signing
- Layer 3 · Regional rulesClearNothing to add
- Layer 4 · Tourism registryStop — resolve before signingCondition 2: resolve before signing
Result: Do not sign yet — two conditions first