Decreto 26/2018 - New Laws on Sites and Overnight Areas in Spain

Dec 16, 2017
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As you may know there has been a change in Jan 2018 to some laws surrounding motorhome campsites and prenoctas (“Aires”) over here, and thought a quick summary / heads up may be of interest. You can access the whole document at http://www.juntadeandalucia.es/boja/2018/27/1 and as it is well structured legal work, then if your knowledge of the second most spoken language in the world (Chinese is first!) is not up to snuff or only extends to “Scorchio” you can simply paste the URL above into Google translate and it will do a pretty good job of it for you. It’s an interesting read if, as of the time of writing (1st March) you’re snowed in back in the UK, especially as Spain is a key destination.

If you want the whole document including all the new signs for the classifications and the specs for the new prenocta site signs then that’s all available at http://www.juntadeandalucia.es/boja/2018/27/BOJA18-027-00030-1906-01_00129362.pdf

One point of concern is Article 24, Para 3 which states “ En ningún caso, el periodo de ocupación, en conjunto, será superior a seis meses al año” – In no case the period of occupation, as a whole, will be more than six months a year” .

This has been reduced from the previous 8 months, in an attempt to cut down on full time occupation. As to how to interpret the “as a whole” – well that is a question. Can you “reset” the time by popping over to France or Portugal? It can be argued that it only brings the time allowed into line with the standard EU rule that if you are over 6 months in any country then you should re-register the vehicle (it’s the same in the UK – if we stay more than 6 months we’re meant to re-register as a UK vehicle).

On the upside, the sites are banding together (albeit IMO in a somewhat unorganised manner) to resist this, as they see the period from Oct to May as being a prime period for the snowbird bookings.

Official campsites will now be graded on a 1 star to 5 star basis, and the new regs also state a max speed limit of 10kph on internal roads, controls on noise (50dBa during the night), min widths of internal roads, perimeter fencing for security and access control, etc, etc

Also of interest is that it appears as if Aires / Overnight stops (“Areas de pernocta de autocaravanas”) will now be bought into the scope of this law, according to Art 34 (Dotación y acondicionamiento de las áreas de pernocta de autocaravanas. 1. Las áreas de pernocta de autocaravanas deberán contar con las instalaciones y servicios que establece el presente Decreto, en condiciones de accesibilidad, confort y sostenibilidad a fin de preservar, entre otros, los valores naturales, históricos, culturales, urbanos, artísticos, paisajísticos, agrícolas, forestales y faunísticos del territorio que se trate. 2. Estas contarán al menos con los siguientes espacios diferenciados: zona de parcelas, zona de muelle y punto limpio y zona de instalaciones fijas de uso colectivo, cuyos requisitos técnicos se especifican en el Anexo II)

Article 34. Provision and conditioning of motorhome overnight areas. 1. The overnight areas of motorhomes must have the facilities and services established by this Decree, in conditions of accessibility, comfort and sustainability in order to preserve, among others, natural, historical, cultural, urban, artistic, landscape values , agricultural, forestry and fauna of the territory in question. 2. These will have at least the following differentiated spaces: parcel area, dock zone and clean point and area of fixed installations for collective use, whose technical requirements are specified in Annex II.

The list of facilities to be provided are all defined in Annex II towards the end of document and define grey and black water disposal points, toilet facilities (20% with hot water) electricity, a daytime point of contact, laundry facilities, etc (and even a WiFi connection!).

This too is being opposed by the established campsites, as they see this as being a bit of an attack on their livelihoods.

For the Junta de Andalucia, it seems as if they see all this as being necessary to bring a set of higher standards to bear. Also, they want to cut back / dissuade some of the wild camping around sites of scenic interest die to misuse by an increasing numbers (esp black water dumping) by upping the standard of Aires / Prenoctas and hopefully encouraging more “in transit” vans to use them.

Indeed part of the preamble states “On the other hand, the regulation of the motorhome overnight areas as a specific group constitutes an important novelty. Motorhome tourism represents a consolidated group at European level whose exercise in the Andalusian territory is already a reality. It is necessary, therefore, to regulate and provide spaces in which people who practice this activity in the open air have the services, facilities and adequate equipment to meet the maintenance, supplies and other services that these vehicles- accommodation and that are consistent and respectful with the environment.

This new accommodation for motorhomes should not focus on the concept of parking or parking of these vehicles, which will be regulated by its own sectoral regulations, but should be circumscribed to the concept of area or tourist establishment for camper camping, in the sense of allow the reception and overnight of these vehicles in transit, in order to allow rest in your itinerary and perform the maintenance of these vehicles.

We are, therefore, facing a new scenario, promoted by an evolution of the habits of tourists linked to the activity of autocaravanismo, which is intended to support by regulating the areas, before which it is necessary to adapt the offer of the tourist camps of Andalusia, in order to achieve the satisfaction of these new needs.”

As before camping is forbidden outside of the official areas - CAPÍTULO I Disposiciones generals Item 5 Se prohíbe con carácter general la acampada y pernocta con fines vacacionales o de ocio fuera de los campamentos de turismo. (Camping and overnight stays are forbidden for holiday or leisure purposes outside of the tourist camps), with section b stating Las zonas de estacionamiento para autocaravanas, caravanas y campers en vías urbanas, que se regularán por ordenanza municipal, y en vías interurbanas, atendiendo al Reglamento General de Circulación, o cualquier lugar reservado al estacionamiento para autocaravanas regulado por su normativa sectorial (“Parking areas for motor homes, caravans and campers on urban roads, which will be regulated by municipal ordinance, and on interurban roads, in accordance with the General Circulation Regulations, or any place.

This appears to line up with the existing differentiation between “Camping” and “Being Parked” which is vital to understand here.

Anyway, hope this of help / or interest to someone – and please note that all the above is just my interpretation of the laws and is only offered in good faith - YMVV, E&OE, etc, etc..
 
Aug 18, 2014
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It appears to apply to Andalucia only ?

This part also,
Parking areas for motor homes, caravans and campers on urban roads, which will be regulated by municipal ordinance, and on interurban roads, in accordance with the General Circulation Regulations, or any place."

cannot be legal as national law under the 2008 legislation states that you cannot differentiate between vehicles. If it is parked & complies with the regulations as such then the fact that you are sleeping ,eating etc ; inside is immaterial. View media item 21442
 

vwalan

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just keep a few of these to put in the window keeps the police etc away.
works a treat so long as you follow the rules .
mind half the guardia and police dont seem to know the law.
and more than half the motorhomers camp but should be parking .
if parking with one of these signs in the window they very often move the campers and leave us alone.

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Jul 12, 2013
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just keep a few of these to put in the window keeps the police etc away.
works a treat so long as you follow the rules .
mind half the guardia and police dont seem to know the law.
and more than half the motorhomers camp but should be parking .
if parking with one of these signs in the window they very often move the campers and leave us alone.
Well I have printed it out and laminated it, so we will see if it works. I was half aware already that if you could legally park you could sleep there but this puts the icing on that cake; thanks!
 

vwalan

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Well I have printed it out and laminated it, so we will see if it works. I was half aware already that if you could legally park you could sleep there but this puts the icing on that cake; thanks!
been using them for years . momo put lots of the 2008 stuff on line so used it from the begining.
but leave nothing outside and dont have steps that touch the floor.
like every thing try to park in sensible places .
if too many join you then better to move off somewhere else.
spain is a big country there is always somewhere else to go.
 
Aug 18, 2014
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Well I have printed it out and laminated it, so we will see if it works. I was half aware already that if you could legally park you could sleep there but this puts the icing on that cake; thanks!
print this as well. explains with pictures & in spanish for those who do not know.
http://lafurgoteta.com/legislacion-nacional-sobre-autocaravanas/

& in English from Trafico

http://n332.es/2015/05/28/motorhomes-parking-or-camping/

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OP
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Dec 16, 2017
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It appears to apply to Andalucia only ?

This part also,
Parking areas for motor homes, caravans and campers on urban roads, which will be regulated by municipal ordinance, and on interurban roads, in accordance with the General Circulation Regulations, or any place."

cannot be legal as national law under the 2008 legislation states that you cannot differentiate between vehicles. If it is parked & complies with the regulations as such then the fact that you are sleeping ,eating etc ; inside is immaterial. View media item 21442

My take on that section is that it was only put in as a scoping statement, insofar that the document deals with camping sites and pernoctas for "motor homes, caravans and campers ". My interpretation is that this was simply put in to say that for urban or interurban roads then the existing laws (i.e. national law for interurban roads and "national law amended as seen necessary by the Ayuntamiento") will continue to apply for "motor homes, caravans and campers " - e.g as long as you are parked and not camped you're OK.
 
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