VUT operating periods in Andalusia: how to declare them and the consequences
One of the most operationally significant innovations of Decree 31/2024, of 29 January amending Decree 28/2016 was the requirement to declare the operating periods of the holiday-let property. The Directorate-General for Tourism has issued a dedicated FAQ for affected owners which, together with Article 3 of consolidated Decree 28/2016, forms the applicable framework.
This article explains what the periods are, how they are communicated, what happens if they are not declared, how to modify them and what risks operating outside them entails. The matter is important because it combines a simple formal duty with a tough sanctioning regime.
What operating periods are
Article 3.1 of Decree 28/2016 states: «the tourist service shall be provided throughout the year or during specific periods within the same year, which must be stated in the responsible declaration provided for in Article 9». The consequence is forceful: «It may only be commercialised during the periods stated; commercialisation outside them is deemed clandestine activity».
Two models are possible: continuous annual service or seasonal service. The choice is not indifferent: it conditions permitted advertising, actual availability and material HVAC requirements (cooling for May-August, heating for December-March).
How the periods are communicated
The official FAQ indicates the path:
- Office: virtual office of the Junta de Andalucía.
- Identification: digital certificate of the holder or representative.
- Form: the operating-periods communication form, accessible from the tourist-dwelling page of the Tourism Registry of Andalusia.
- Result: automated procedure; the holder receives online the supporting document of the communicated periods.
Keep the receipt: it is proof of when and what periods you communicated. If the inspection observes operation outside the declared period, that document delineates exactly what you declared.
Administrative silence: deemed all year
The FAQ is categorical: «If you do not communicate, it is understood that you provide the service throughout the year». It is the logical consequence of an Article 3.1 wording requiring express declaration. But that implicit interpretation is not always favourable:
- If you operate only in summer, the all-year assumption may cause contradictions with actual advertising and inspection.
- If you will close for refurbishment, communicate the limited period before the inspection.
- If HVAC is only partial, declaring «all year» may activate breaches of Article 6 of the Decree (mandatory cooling/heating).
Automatic annual renewal: tick «Yes»
When filling in the form, the system asks whether the same period will repeat in future years. The FAQ explains the two scenarios:
- If you tick «Yes»: the declaration auto-renews each year.
- If you tick «No»: a warning appears that you must communicate the period before 1 January to avoid sanctioning or cancellation procedures.
The most practical option, unless changes are foreseen, is auto-renewal. It reduces oversight risk.
Modification: the form replaces, it does not add
This is one of the most misinterpreted points. If you want to extend the period (e.g. add September), filing a form with only that month is not enough. The FAQ states expressly: «the Communication form filed shall replace all previously communicated operating periods». You must again state all the periods in which you wish to operate. The dates you select will be those finally recorded.
Some holders communicate «one additional month» and later discover they have lost the rest. Before filing the modification, write down all the months (the previous ones and the new ones) and tick them all on the form.
Operating outside the declared period: clandestine activity
The sanction is provided for in Article 11 of Decree 28/2016, which classifies as clandestine activity the provision of the service without responsible declaration or outside the terms of Article 9. This conduct is deemed a serious infringement under Article 71.1 of Law 13/2011 on Tourism of Andalusia, which in practice means:
- Fines up to €150,000.
- Possibility of cancellation of registration (Article 9.2 of the Decree).
- Administrative record that later complicates regularisation.
If you are going to operate in a month not included in your declaration, first communicate the modification and await the receipt. Only then may you advertise and accept bookings.
• From VFT to VUT: how to adapt your registration after Decree 31/2024
• Andalusian VUT inspection and sanctioning regime
• Regularising a VUT without licence
Official sources
📚 Cited documentation
- 📜 Articles 3 and 11 of Decree 28/2016 of 2 February (consolidated).
- 📜 Decree 31/2024 of 29 January. BOJA No. 24.
- 📜 Article 71.1 of Law 13/2011 of Tourism of Andalusia.
- 📑 Official FAQ – Directorate-General for Tourism.
- 🔗 Official tourist-dwelling page.
Have questions about your operating periods?
SALAMA LEGAL SLP reviews the responsible declaration of your VUT, verifies the periods recorded and, if necessary, files the correct modification to avoid coverage gaps.
Frequently asked questions
What are the operating periods of a VUT?
The months or annual blocks when the holder declares they will provide the accommodation service. Article 3.1 of Decree 28/2016 obliges them to be stated in the responsible declaration. Outside them, commercialisation is deemed clandestine.
What if I do not communicate any period?
The official FAQ states it: if not communicated, service is deemed provided all year. This assumption may not suit you and an express declaration of actual months is advisable.
How do I modify the periods?
Through the same communication form, bearing in mind that the new filing fully replaces previous ones. You must again state all periods in which you wish to operate; the dates you select are what will be recorded.
What if I publish my dwelling in an undeclared month?
It is deemed clandestine activity under Article 11 of Decree 28/2016, a serious infringement under Article 71.1 of Law 13/2011, with potential sanction and cancellation. Communicate the modification before publishing.
If I declare only summer, am I obliged to have heating?
No: Article 6 of Decree 28/2016 links heating to operation in Dec-Jan-Feb-Mar and cooling to May-Jun-Jul-Aug. If your declared period covers exclusively summer months, cooling is enough. If you later extend to winter, you must add heating.