New legislation on tourist rentals

Tourism has increased after the pandemic, especially in certain areas. While this is positive for some things, it is not so positive for others. And when circumstances change, regulations must change.

Changes in tourist rental regulations in the Valencian Community

The new regulations applicable in the Valencian Community were approved last Friday, August 2.

The aim of this change in regulations for tourist rentals is to improve legal security in the sector and also for the rest of the citizens.

The approved Decree Law improves the autonomy of the Town Councils to limit the use of tourist apartments. In addition, tougher sanctions and other new features are also planned.

The regulations apply to homes used for tourist purposes for a period of 10 days or less continuously by the same tenant.

However, all proceedings that had been initiated before the new decree came into force will be processed in accordance with the provisions of the previous regulations, unless they wish to adopt the new regulations voluntarily by means of a written declaration.

Tourist accommodation that is booked before this regulation comes into force and is booked or contracted for a period of 11 days or more will maintain the agreed rental period until it ends. From that moment on, the maximum rental period of 10 days counted continuously for the same tenant, as set out in this regulation, will be applied.

Measures of the new decree on tourist housing in the Valencian Community

Let’s see a summary of the main measures contained in this standard:

The transfer of rooms is prohibited.
Tourist accommodation must have an evacuation plan on the door or emergency instructions in different languages, an elevator when they have 4 or more floors, a guest entrance if the accommodation is on the ground floor, and a 24-hour telephone service.
They must have power outlets in all rooms, with a voltage indicator. Also, hot water, a list of emergency and useful telephone numbers located in a visible place, cooling and heating at least in the living room-dining room or living room-dining room-kitchen, internet connection, unless the home is located in a geographical area without coverage, a first aid kit, and detailed information on the nearest medical center, among others.
Automatic washing machine in the home, unless there is a communal laundry or one available to clients in the block where it is located.
In the kitchens there must be at least one refrigerator, one iron, one oven, one microwave, one extractor fan and a minimum of two burners when the dwelling has 4 people or less. For dwellings with 5 or more people, there must be at least 3 burners.
All tourist accommodation must have internal regulations. These regulations will contain the rules of coexistence of the community of neighbours in which it is located, the conditions of use of the facilities and the rules for admitting domestic animals. If this is not complied with, the user may be required to cease the non-compliance or leave the accommodation.
There must be a municipal report on urban compatibility for favourable tourist use. It must have been issued by the city council of the town where the property is located.
Tourist housing built in tertiary premises in new buildings must comply with the design and quality standards in force in the Valencian Community for residential buildings.

How to comply with the new decree on tourist housing in the Valencian Community

Among the new features brought by the new decree and which owners must comply with are:

Owners will have to communicate the cadastral reference to the registry. The deadline for doing so is December 31.
Municipalities will be free to decide what type of city they want. In this sense, they will be able to limit the use of tourist accommodation by building or area.
The Generalitat Valenciana may transfer to the town councils the power to inspect, sanction and collect taxes.
Responsible declarations for obtaining authorization will be renewed every five years.
Homes marketed as tourist accommodation must comply with current habitability regulations and building codes.
For new tourist homes, the declaration of responsibility must include that the community of owners has not prohibited the creation of tourist homes and, for changes in the ownership of the property, the license must be renewed.
Key delivery boxes are prohibited in public roads or common areas, and it is mandatory to have a reception service available.
The registration of tourist accommodation in the Tourism Registry of the Valencian Community must be renewed every five years.

Violations and sanctions

In addition to the existing violations and sanctions, two new ones have been added:

Graves.
- It is generated by the refusal of the owners to provide the identity of the owners of the property or their documentation.
- Failure to comply with the obligation to publish the exact location and registration number of the property in the registry for marketing purposes.
Very serious.
- That the rooms be rented out.
- If there is an overbooking of places.
- Non-compliance with the reservation regime or its cancellation.
- When accommodation is not provided to users under the conditions established by law.

And with this we have finished explaining everything related to the new legislation on tourist rentals in the Valencian Community. This Decree seeks to protect the population from the use and abuse of tourist housing.

Frequently Asked Questions

1.- What is a tourist accommodation according to the regulations of the CV?

The entire property, whatever its type, which is transferred for a fee, under conditions of immediate availability, for tourist purposes, for a period of less than or equal to 10 days, computed continuously, to the same tenant, and which has a municipal report of urban compatibility for favorable tourist use, or equivalent document as determined by regulation, as well as, where applicable, the municipal enabling titles required for said use or activity.

For the purposes of physical identification and location of properties, each tourist dwelling must be associated with a unique and individual cadastral reference for the property.

All these requirements must be met by both the owners and the management companies (owners of 5 or more tourist homes).

2.- What happens if I rent the property for more than 10 days?

rented for a period equal to or greater than 11 days counted continuously to the same tenant cannot be considered for tourist use, so these rentals are outside the tourist regulations.

The period of operation is of vital importance given that within the period declared as tourist use no other type of contracts can be made.

In the event of signing a contract for a period equal to or greater than 11 days in the period that is registered as a tourist establishment in the Tourism Registry of the Valencian Community (hereinafter, Registry), you must notify a change in the operating period so that the cause for cancellation provided for in the tourism regulations does not apply to you.

The link to the procedure to modify the operating period: SELF-REGISTRATION MODIFICATION PROCEDURE .

3.- How do I declare to the tourist administration the period in which the rental is for tourist use?

The homes registered after the entry into force of Decree Law 9/2024, of August 2, of the Consell, modifying the regulations governing homes for tourist use ( hereinafter DL vivienda ), in the responsible declaration form itself, they must declare the period of provision of tourist activity of the dwelling.

Homes registered prior to the DL homes or those that wish to modify the one in the Registry, must communicate the period of operation of their tourist activity through the procedure enabled for the modification of the data related to homes for tourist use. The link to the procedure is the following: SELF-REGISTRATION MODIFICATION PROCEDURE .

4.- What happens if I use the property for another type of rental during the period declared as tourist rental without having communicated the modification of said period?

It will be cancelled fromthe Registry.

5.- Do the tourist regulations of the CV allow room rentals?

No, tourist accommodation is leased in its entirety. Room-based leasing is not permitted. It is expressly prohibited and is considered a very serious offence to carry out, market, offer, provide or advertise tourist rentals by room in registered tourist accommodation.

6.- Is registration in the Registry as a tourist accommodation permanent?

No, since the entry into force of the DL housing, the registration of housing for tourist use will be valid for 5 years.

7.- When does the 5-year validity period of registration in the Registry begin?

1.- HOUSING REGISTERED UNTIL 08/07/24 (prior to the entry into force of the housing Law): RENEWAL 08/08/29.

2.- HOUSING REGISTERED SINCE 08/08/24 (since the entry into force of the housing Law): RENEWAL AFTER 5 YEARS FROM THE DATE OF REGISTRATION AND THIS WILL BE STATED IN THE COMMUNICATION

8.- What should I do to renew my registration and when can I do so?

To renew the registration for a new period of 5 years and continue to carry out the activity, a new declaration of responsibility for renewal must be submitted, with the express permission of the owner, within the month prior to the end of the validity period.

9.- Is the responsible declaration of renewal and the documentation to be provided the same in all cases?

No, the declaration of responsibility for renewal after 5 years varies depending on the following cases:

a) if the registration was prior to the entry into force of Law 15/2018, of June 7, on Tourism, Leisure and Hospitality – hereinafter Tourism Law – (07/08/2018) a responsible declaration of renewal must be submitted relating only to compliance with the minimum requirements of Annex III of the Accommodation Decree, modified by the DL housing.

b) if the registration was between 07/08/2018 and 08/07/2024 (the day before the law came into force), they must submit, with the owner’s permission, a new responsible declaration of renewal with an express statement on the same matters as a new registration except for the certifications of the owners’ communities and must be accompanied by a municipal report on favorable urban compatibility for tourist use updated to the date of renewal of the registration. c) if the registration was after 08/08/2024 (entry into force of the Law) they must submit, with the owner’s permission, a new responsible declaration of renewal with an express statement on all the aspects of article 23 detailed in the following question and must be accompanied by a municipal report on favorable urban compatibility for tourist use updated to the date of renewal of the registration.

Downloads

Download from these links the PDFs of both the law and the FAQ:

Download regulations Download FAQ

Further information

This article is part of our service Real Estate Lawyer in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on How to buy a house in Spain.

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