Opening a small hotel, hostal or pension in Andalusia in 2026: responsible declaration, Tourism Register and inspection

Updated: 10 November 2026

If you are opening a small hotel, a hostal or a pension in Andalusia, the regional government (Junta de Andalucía) does not issue a prior tourism licence: you declare that you comply and the authorities check later. We read Andalusia's Tourism Law 13/2011, Decreto 143/2014 on the Tourism Register, Decree-Law 13/2020 on hotel establishments, Decreto 144/2003 on the Tourism Inspectorate and the 2026 inspection plan (links at the end, in Spanish). Where we could not confirm something, we say so. This is not legal advice: check with your adviser or lawyer.

Which type of establishment you are

Decree-Law 13/2020 (arts. 8, 9 and 14 to 17) sorts hotel establishments into groups:

Hotel: occupies a building or an independent part of one, with its own entrances. One to five stars, under a points system.
Hotel-apartment: like a hotel, but each unit has facilities to store, prepare and eat food. One to five stars.
Hostal: may occupy non-independent parts of a building and must have a bathroom in every unit. One or two stars.
Pension (pensión): may occupy non-independent parts and bathrooms may be outside the room. Single category.
Hostales and pensions must meet all mandatory requirements in annex III; hotels must meet the mandatory ones plus the points for their category (annex II).
If you rent out a home to tourists, it is not a hotel establishment: see our guide to tourist homes in Andalusia.

The key step: the responsible declaration

Law 13/2011, arts. 30 and 38 (BOE consolidated text, in force):

To start, you file a responsible declaration (declaración responsable) stating that you meet the requirements and will keep meeting them.
Filing it counts as meeting the registration duty and lets you start trading (art. 38.2).
The Junta registers you automatically (de oficio) in the Tourism Register of Andalusia, which is public and free (art. 37).
It is filed electronically, through the Tourism Register's e-office and with the official forms (Decreto 143/2014, art. 7). The Junta's website says starting the activity requires a digital certificate.
You attach the self-assessment annexes of requirements for your group (Decree-Law 13/2020, art. 12).

What happens next: Register deadlines

Decreto 143/2014 (Junta consolidated text):

The registration decision is notified within 15 days of your declaration entering the e-register; a copy goes to the town hall (art. 13.3).
If there are minor errors you get 10 days to fix them; otherwise the declaration is treated as not filed (art. 12).
You receive a registration code with your province's initials and a number (art. 8.2.a).
The Junta can check what you declared at any time (art. 13.4).

Changes, new owner and closing

Decreto 143/2014:

If the conditions you registered with change, you file a new responsible declaration within 15 days (art. 14.1).
Change of owner, trade name, registered address or web domain: notified by communication (art. 6.2.b). The text sets no deadline.
Permanent closure: a responsible declaration to cancel the registration (art. 14.3). The text sets no deadline.
The Junta's website also handles temporary closures and a change of manager by communication.

The registration code: where it must appear

On the invoice (Decree-Law 13/2020, art. 23.1.b) and on the guest admission document (art. 20.2).
You must make your registration details available to customers (Law 13/2011, art. 26.1.b).
Advertising, rates and invoices must show your classification and its symbols (Law 13/2011, art. 31), and the group and category plaque goes at the main entrance (Decree-Law 13/2020, art. 13).
We did not find in these texts an express duty to show the registration number in ads. Showing it helps guests check you are legal.

If you declare something false

Law 13/2011, art. 38.4 (added by Decree-Law 1/2025):

If there are essential inaccuracies, falsehoods or omissions, or you do not provide the documents requested, you can be stopped and your registration cancelled, after a hearing.
Information on compliance with planning (urban-planning) law counts as essential.
Cancellation can bar you from registering again for the same purpose for one year.
Data affecting classification, guarantees or insurance are also essential (Decreto 143/2014, art. 13.6).

The town-hall licence is a separate matter

The tourism responsible declaration does not replace the town hall's permits.

The Junta's website splits project classification (building, extension or refurbishment) by whether the works need an express municipal licence or a responsible declaration for works.
The Junta sends a copy of your registration to the town hall (Decreto 143/2014, art. 13.3).
We have not reviewed planning law or local bylaws: ask your town hall which activity and works licence or declaration you need before opening.

The tourism inspection

Law 13/2011 (arts. 63 to 68) and Decreto 144/2003 on the Tourism Inspectorate, still cited as a basis in the 2026 inspection plan:

Inspectors are agents of authority. They check compliance, pursue clandestine activity and also give advice.
You must let them into the premises and examine documents. If nobody is there, they leave a notice for a new visit with at least 24 hours' notice.
If a document is not at hand, you get at least ten days or are summoned to appear (Decreto 144/2003, art. 19).
The report (acta) can be of compliance, warning, obstruction or infringement. You can make comments on the spot, and signing the notice does not mean you accept its content (arts. 22.3 and 23.3).
What the inspector sees in person is evidence, unless you prove otherwise (Law 13/2011, art. 68.5).

What the Junta is checking in 2026

Scheduled Inspection Plan 2026 (BOJA, 7 January 2026):

Visits to properties that start trading or declare major changes.
Checks that registered hotels, hostales, pensions and hostels have adapted to Decree-Law 13/2020.
According to the plan, the adaptation deadline ended in May 2023 for hostales and pensions and in May 2025 for hotels and hotel-apartments.
Much of the anti-clandestine effort targets tourist homes and rural lodgings without a declaration.

Penalties

Law 13/2011, title VIII:

Providing a tourism service without a responsible declaration is clandestine activity and a serious offence (arts. 30.4 and 71.1). Advertising without having filed it also counts as clandestine.
Fines (art. 78): minor, a warning or up to 2,000 euros; serious, 2,001 to 18,000 euros; very serious, 18,001 to 150,000 euros.
Serious offences can also bring suspension of the activity or temporary closure for under six months.
The fine can reach three times the price of the services involved (art. 79.3).
The law allows the amounts to be updated by ministerial order in line with inflation; we have not checked whether they have been.

Is a new law coming?

The Junta is processing the Bill on Sustainable Tourism of Andalusia. On 30 January 2026 it reported that Parliament had rejected the amendments to the whole text and the bill was moving forward, with chapters on clandestine activity, inspection and penalties. We have not confirmed that it has been passed or published. Today, according to the BOE, Law 13/2011 remains in force.

Quick checklist before opening

Choose your group and category and review the requirement annexes of Decree-Law 13/2020.
Ask your town hall about the works and activity licences or declarations.
Get a digital certificate and file the responsible declaration at the Tourism Register's e-office.
Put the plaque at the entrance and the registration code on invoices and the admission document.
Keep your documents ready for a possible inspection visit.
Report any change within 15 days.

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Frequently asked questions

Do I need a permit from the Junta to open a hostal?

Not a prior permit: filing the responsible declaration is enough. The Junta registers you automatically in the Tourism Register of Andalusia and can check later (Law 13/2011, art. 38).

What happens if I open without a responsible declaration?

It is clandestine activity, a serious offence with a fine of 2,001 to 18,000 euros and possible temporary closure (Law 13/2011, arts. 71.1 and 78).

Does registration replace the town-hall licence?

No. They are separate procedures. Ask your town hall which works and activity licence or declaration you need.

Sources

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