Works processed through a responsible declaration in Marbella
Although in previous posts we have already explained everything you need to know about the different types of building licenses that exist in Marbella (as well as the procedure to follow and the documentation to present for each of them), this time we are going to go into defining in depth one of these authorization procedures: the responsible declaration in Marbella.
The responsible declaration is a relatively new procedure that brings great benefits to individuals, since it allows the long waiting times that the administration usually takes to grant us a work license to be reduced to practically zero. That is why in this post we want to explain in depth what a responsible statement is, what are all the cases in which the responsible statement can be used and what documentation must be gathered.
Even so, we recommend that at all times you let yourself be guided by an Architect who helps you in the processing process since, in addition to being in charge of preparing the technical project (in case this is necessary), he can advise you throughout the process
WHAT IS THE RESPONSIBLE DECLARATION?
The responsible declaration is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it meets all the requirements demanded by normative". Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.
ACTIONS SUBJECT TO A RESPONSIBLE DECLARATION
In a generic way, works of little technical entity that do not require a technical project and that refer to conservation and maintenance works, reforms in existing buildings or other actions that meet specific requirements can be processed by the responsible declaration procedure.
In the case of Marbella, the works submitted for a responsible declaration are divided into three types:
Actions that do not require technical documentation.
Actions that require the presentation of a descriptive and graphic document (and where an Architect must necessarily participate).
Actions that require a project visa (which can only be processed by means of a responsible declaration in specific cases).
ACTIONS THAT DO NOT REQUIRE TECHNICAL DOCUMENTATION
Coatings and finishes (paint) that do not exceed an area of 500m² and that do not require means to work at height.
Indoor installations of buildings (electricity, sanitation water ...) that affect only a home or premises with a surface area of less than 300m²
Cleaning and clearing of sites that do not involve earth movements.
Fencing of lots by posts and metal fence.
Maintenance and conservation works for swimming pools and sports courts.
Punctual repair of flat roofs, terraces or balconies (provided that no means are needed to work at height).
Improvement and reinforcement of insulation in walls and floors.
Placement of new interior carpentry.
ACTIONS THAT REQUIRE A DESCRIPTIVE AND GRAPHIC DOCUMENT
Adaptation and conditioning of commercial premises (with an area of less than 750m²) as long as it does not have an impact on the heritage, nor is it located in a property in the public domain.
Coatings and finishes (paint) that if they exceed the surface of 500m² or that require means to work at height.
Construction of interior stairs and elevators (that do not require a project).
Changes in the interior layout that do not alter existing uses or exceed 1,000m² of partition walls.
Demolitions of buildings with a constructed area of up to 500m².
Small buildings that are not for residential or public use and do not exceed 20m² of constructed area.
Construction of plot enclosures to private boundaries.
Installation, reform or replacement of photovoltaic solar panel installations.
ACTIONS THAT REQUIRE THE VISA PROJECT
These works may only be authorized by means of a responsible declaration when they are carried out on consolidated urban land and on buildings that are in accordance with urban planning (that is, irregular homes or in a situation of assimilated to out of planning could not carry out these actions through a responsible declaration) .
Opening of holes or repair of structural or load-bearing walls.
Construction of elevators.
Modification of roofs when the general exterior composition of the building changes.
Indoor installations of buildings provided that they exceed a surface area of 1,000m².
Changes in the interior distribution that altered existing uses or that the surface is greater than 1,000m².
WHAT DOCUMENTATION MUST BE PRESENTED?
Minimum Mandatory Documentation
At a minimum, regardless of the type of responsible declaration to which my action is subject, it will be necessary to present:
Documentation that proves the personality of the declarant (DNI, power of attorney ...)
Proof of having paid the corresponding Fee, as well as the ICIO.
Guarantee to guarantee the correct management of construction waste.
Technical Documentation
In the case of works submitted to a responsible declaration that require a project visa, it will be necessary to present the following documents (unless some of them are not necessary according to the specific action): Memory, Plans, Budget, Health and safety study (or study basic safety and health), construction and demolition waste management study.
In the event that it is not necessary to present a visa project, it will be sufficient to present a descriptive-graphic memory (with sketches, photographs, plans ... that are necessary depending on the action).
In both cases, you must have an Architect who will be in charge of preparing said documentation and carrying out all the procedures for the declaration of responsibility.
Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69
Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993
Everything You Need to Know about Housing for Tourist Purposes
1. WHAT IS A HOME FOR TOURISM PURPOSES?
Housing for tourism purposes is understood to be those located in properties located on land for residential use, where the accommodation service will be offered at a price, on a regular basis and for tourism purposes.
2. CAN ALL HOMES BE CONSIDERED "HOMES FOR TOURISM PURPOSES"? WHEN ARE TOURIST APARTMENT ESTABLISHMENTS CONSIDERED?
Above all, the home must be located on land for residential use and meet the requirements summarized in the following section. However, they will not be considered homes for tourist purposes if they are in any of the following cases:
That the houses are transferred without economic consideration.
That the home is hired for a period of more than two months (continuously) by the same user.
Homes located in rural areas. These dwellings, if they are used for tourist accommodation, will be considered as “rural house” or as “tourist accommodation for rural accommodation” and must comply with the conditions of their specific regulations.
Complexes made up of three or more homes or apartments owned by the same owner that are located in the same property or group of buildings (contiguous or not, but within a one-kilometer radius). In this case they will be considered as tourist apartment establishments. If this is your case, we recommend that you read our post: Frequently asked questions about tourist apartments, since in it we clarify all the doubts you may have.
3. WHAT REQUIREMENTS MUST MY HOME MEET TO BE A HOME FOR TOURISM PURPOSES?
The requirements for housing for tourist purposes are defined in Decree 28/2016, of February 2, and are, among others, the following:
Have an occupancy license, and comply with the technical and quality conditions required of the dwellings (according to the ordinances of the municipality in which the dwelling is located)
The rooms must have direct ventilation to the outside or patios and have a darkening system for the windows.
Be sufficiently furnished and equipped with the necessary appliances and equipment for immediate use and according to the number of places available.
Have Complaints and Claims Sheets, and a first aid kit.
That there is cleaning of the house at the entrance and exit of new clients, and that there is bedding, linen, household items in general, depending on the occupation of the house and a replacement set.
As you can see, they are easily achievable aspects. However, in this post we have summarized the requirements, but there are some more. Therefore, if you intend to use your home for tourism purposes, we recommend that you contact a technician so that they can advise you on the specific conditions that your home must meet. In MunozBarcia we will be happy to solve your doubts without any commitment.
4. WHAT MAXIMUM CAPACITY CAN MY HOME HAVE?
The maximum capacity of the home will depend on the type of home for tourism purposes, there are two types:
Complete: When the house is transferred in its entirety.
By rooms: When the owner resides in it.
If it is a full-type dwelling, it may not exceed 15 beds, when it is a room type, it may not exceed 6 beds. In no case can it accommodate more than 4 people per room.
5. WHAT PROCEDURES DO I HAVE TO DO TO START THE ACTIVITY?
To start the activity as a home for tourism purposes, you must complete and submit the form of "responsible declaration for the start or exercise of the activity" in which it is declared, among other aspects, that it complies with the current regulations to carry out the activity. The entry record that appears in the Declaration will certify that you have fulfilled your obligation to present this Responsible Declaration and will now be able to provide the tourist accommodation service in your home in a regulated manner.
Subsequently, the Ministry of Tourism will proceed to register the home in the Andalusian Tourism Registry. To do this, it will request a series of documentation (which you may have previously submitted together with the responsible declaration to speed up the procedures), such as:
Copy of the occupation license or equivalent document (if you do not have it, consult a technician).
Title for the exploitation of the house (title deed or others)
Copy of the IBI or other document that proves the cadastral reference.
Certificate of registration of the owner of the home, if it is the type "by rooms".
Once the documentation has been provided, you will receive a resolution by which you are registered in the Tourism Registry and a code will be assigned to you. This code must indicate it in all advertising or promotion that realize by any means, including "online" platforms.
6. WHAT HAPPENS IF I START THE ACTIVITY WITHOUT PRESENTING THE RESPONSIBLE DECLARATION?
In case of carrying out the activity without having presented this Responsible Declaration, the home will be considered clandestine, being classified and sanctioned as a serious infraction according to the provisions of the Andalusian Tourism Law.
7. I WANT TO STOP RENTING MY HOME FOR TOURISM PURPOSES, WHAT DO I HAVE TO DO?
In case you no longer want to rent your home, you will have to fill in a form again called "declaration responsible for access and exercise of the activity". This is the same form that you submitted to register in the Andalusian Tourism Registry, only now you must select the box identified as “cessation of activity”.
Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69
Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993