If you have a holiday rental property in the Valencian Community,
💥 this is of interest to you! 💥
🔊CHANGES OF THE NEW DECREE FOR TOURIST ACCOMODATIONS 📃🏘🏬
1. ONLY A MAXIMUM OF 10 DAYS CAN BE RENTED TO THE SAME CLIENT.
The new decree only considers a tourist accommodation, a property that is rented as a whole (it can never be rented by room) for a period of 10 consecutive days or less to the same tenant. This differentiates tourist housing from other types of short-term rental accommodations, regulated by the State.
Accommodation that has been reserved for 11 or more days before the date of implementation of the decree (8th of August 2024) can maintain the agreed rental period until the end of the contract.
Furthermore, a tourist accommodation can only be such which has a favourable municipal report of urban development compatibility and a unique cadastral reference number that must be stated in the rental contract.
The same property can be rented as a tourist rental (for 10 days or less) during a previously determined period for tourist use, indicated in the Turisme Comunitat Valenciana Register, while rented as a different type of accommodation (with contracts that can exceed 10 days) always and only outside the same period.
2. CERTIFICATE FROM THE RESIDENTS’ ASSOCIATION.
In order to register the property, you must have a certificate demonstrating that the owners’ association does not prohibit the use of the properties in the building for purposes other than residential, such as tourism.
3.REGISTRATION EXPIRES AFTER 5 YEARS.
All tourist accommodations must be registered in the Tourism Register of the Valencian Community and have a registration number. This registration must be renewed every 5 years.
If you have a tourist accommodation registered before the date of enactment of the new decree (before 7 August 2024), your registration will be valid until 8 August 2029. After that date, you will have to complete the registration process again, in compliance with the new legislation.
In order to register a property or to apply for a renewal, it is necessary to fill out a declaration of compliance with all the requirements of the applicable regulations, indicate the cadastral reference number of the property and the period of the year during which it is going to be rented as a tourist accommodation as well as have a favourable urban planning compatibility report from the Town Hall where the property is located.
The registration procedure can only be done online:
SELF-REGISTRATION OF ACCOMODATION FOR TOURIST USE
Bear in mind that not providing the cadastral reference number or renting the property for more than 10 days during the period indicated for tourist rental use are some of the reasons that may cause you to lose your registration.
In addition to renewing your registration every 5 years, a new application must also be submitted and approved every time the property changes ownership. The registration is no not transferable.
The owner and the commercial manager of the property can be separate entities. The name inscribed in the Tourism Register will always be considered the administrator/ commercial manager responsible for the operation, however the actual property owner, if different from the administrator will have subsidiary responsibility if there are infringements in terms of illegal offer or illegal activity unless they provide proof of an officially appointed in the registry administrator/commercial manager.
If you have a registered property and you want to check the information in the Tourism Register, you can check it on the web using the following link:
LISTADO OFICIAL DE EMPRESAS TURÍSTICAS
4.NEW AFFIDAVIT EVERY 5 YEARS.
To renew the registration, the affidavit must be updated one month before the end of the five year period of validity by providing an updated urban development compatibility report.
The information to be updated in the new affidavit may vary depending on whether the accommodation was registered before or after the entry into effect of the new decree.
The data which needs to be provided might also vary, depending on, if the property was registered before the entry into effect of the 2018 Tourism Law (before 8 July 2018). Those registered before 2018 only need to submit a declaration of compliance with the minimum requirements indicated in Annex III of the new decree, regarding access, facilities, minimum dimensions and equipment.
Once the affidavit has been submitted for the registry of the accommodation, the activity of tourist accommodation must begin within two months.
5.EASIER TO OBTAIN A FAVOURABLE TOWN PLANNING COMPATIBILITY REPORT.
In order to speed up the process of obtaining urban planning compatibility, the new decree provides the possibility of requesting it directly from the Town Hall or presenting a certificate issued by one of the Collaborating Entities of the Municipal Administration in Urban Planning Verification (ECUVs), which are registered with the Regional Ministry of the Environment, Infrastructures and Territory, as long as the municipal planning indicates differentiated zones and provisions for tourist accommodation.
This certificate has the same validity as the municipal report and must reflect the same content: general identification data of the property, including the full address, its unique and cadastral reference number, the classification of the plot and the type of urban use permitted.
If the tourist accommodation is on undeveloped land, in addition to the compatibility it must have a declaration of community interest.
6. EXACT LOCATION OF THE PROPERTY AND REGISTRATION NUMBER IN ALL ADVERTISING.
In all advertising, the exact location of the property and its registration number in the Tourism Register of the Valencian Community Region must be indicated. Failure to provide this information will be considered a serious offence.
In addition, both the Tourism Register and the tourist rental contract must include the unique and individualised cadastral reference number of the property. If the property does not have this reference in the Register, it`s registry will be suspended as of 31 December 2024.
Likewise, the tourist accommodation sign with the registration number and the Comunitat Valenciana logo must also be on display, either at the entrance or inside the property. The official format can be found on the website, in the section Decals:
OFFICIAL DECALS FOR TOURIST ACCOMODATION
7.COMMUNITY RULES AND USE OF COMMON AREAS
All tourist accommodations must have a set of house rules that include:
- The rules and conditions of the community of owners/neighbours.
- The terms and conditions for the use of the services and facilities
- The rules and conditions for the admission of pets.
These rules and conditions must be complied with by the clients at any given time. A full list of these rules will be provided for the guests by the owner-proprietor of the accommodation ahead of time, so that they can get acquainted with and expressly agree to all of them.
8.IT IS PROHIBITED TO HAND OVER THE PROPERTY KEYS IN BOXES ON THE STREET.
The decree prohibits handing over keys to tourists by means of security boxes located in streets or other public spaces or buildings.
Also, the tourist accommodation must have a cleaning and linen service as well as a repair and maintenance service. A simple recommendation of a professional or company to carry out repairs is not a viable option.
9.MINIMUM DIMENSIONS AND SERVICES.
Tourist accommodations must comply with the minimum dimensions required by the regulations for any property for residential use. They must also guarantee the same lighting and ventilation conditions.
Annex 3 of the decree specifies all the facilities, services, equipment and accesses that tourist accommodations must have. They must have an evacuation plan of the building on the door or emergency instructions in several languages, a mandatory lift for buildings higher than four floors, a separate customer entrance, in the case of accommodations located on the ground floor, and a 24-hour telephone service.
They must have power sockets in all rooms with voltage indicator, hot water, a list of emergency and useful telephone numbers in a visible place, refrigeration and heating at least in the living-dining room or living-dining room-kitchen, internet connection, unless the property is located in a geographical area without coverage, first aid kit, and detailed information on the nearest medical centre, among others.
All tourist accommodations must have an automatic washing machine unless the building has a communal laundry available to guests. Kitchens must have at least a fridge, a stove-top, oven/microwave, extractor fan and at least two stove burners when the accommodation does not have more than four beds. Properties with five or more beds, must have three or more stove burners.
The decree allows a period of 5 years to adapt existing tourist accommodations to the new requirements.
10.FINES AND LIABILITY.
The decree establishes serious and very serious violations with fines of up to 600,000 euros. It is considered a very serious violation to rent by room or to oversell an establishment.
It is a serious violation not to inform of the exact location of the property and the registration number in all advertising, not to communicate the regulatory change of owner or not to provide the details of the owner of the activity.
With this new decree, the Regional Ministry of Innovation, Industry, Trade and Tourism aims to fight against intrusion and unfair competition and to obtain reliable and updated data on all tourist accommodation, as well as provide greater administrative flexibility and legal certainty for owners and managers of accommodations, tourists and citizens.
According to the Tourism Register, there are more than 100,000 tourist accommodations in the Valencia Region. From 2015 to 2023 this type of accommodation has grown by 160%.
Remember, you can always count on us to clarify any doubts or questions! 😊
