VUT inspection and the sanctioning regime in Andalusia
The tourism inspection is a routine and growing reality in Andalusia. Understanding how it works and what tools the inspected party has is essential. This article synthesises the key points and links to our extended complete guide.
Types of inspection
- Planned (annual plan).
- On private complaint (guest, neighbour, community).
- Preliminary verification (online listings).
- Ex officio cooperation between Administrations.
The inspection record
The inspection record has presumption of truthfulness for directly perceived facts (Article 77.5 LPAC). Subjective assessments do not enjoy the same presumption. The inspected party may sign «not in conformity» and propose evidence later.
The sanctioning regime
Law 13/2011 classifies infringements as minor (€150-2,000), serious (€2,001-18,000) and very serious (€18,001-150,000). Clandestine activity (provision without responsible declaration or outside declared periods) is a serious infringement (Article 71.1).
Defence strategy
- Receive and read the record carefully.
- Sign «not in conformity» if any doubt.
- File allegations within 10 days from the initiation decision.
- Propose documentary, witness or expert evidence.
- Check whether the procedure has lapsed or the infringement has prescribed.
- If the decision is adverse, hierarchical or reconsideration appeal and, eventually, contentious-administrative.
Sources
- 📜 Law 13/2011 on Tourism of Andalusia, Articles 68-88.
- 📜 Decree 28/2016 (Articles 10 and 11).
- 📜 Decree 144/2003 on Tourism Inspection.
- 📜 Law 39/2015 and Law 40/2015.
Need defence in an inspection or sanctioning procedure?
SALAMA LEGAL SLP prepares the full defence strategy.
FAQ
How much is a serious fine?
From €2,001 to €18,000.
When does the procedure lapse?
After six months from notification of initiation (Article 21.3 LPAC and Article 85 Law 13/2011).