10 changes in the new decree for tourist accommodation
IMPORTANT CHANGES IN THE NEW ORDER
TOURIST ACCOMMODATION
Valencia
Do you manage a tourist residence or do you own one and want to rent it out to tourists? Keep in mind that the regulations have changed and you have to meet new requirements according to the Consell Decree-Law 9/2024 published on August 7 . Below we tell you the main changes but you can consult the full decree HERE , in the Official Gazette of the Generalitat Valenciana.
We also recommend that you consult the website of the Ministry of Innovation, Industry, Trade and Tourism the procedure that tourist residences must comply with and the Frequently Asked Questions section published to resolve specific doubts.
In addition, in September, the ministry will hold technical meetings with representatives of professional associations and municipalities to explain the details of the decree.
1. YOU CAN ONLY RENT A MAXIMUM OF 10 DAYS TO THE SAME CUSTOMER
The new decree only considers as tourist accommodation the property rented in its entirety (it can never be rented by rooms) for a period less than or equal to 10 consecutive days to the same tenant. This differentiates tourist accommodation from other short-term rental accommodation, which is regulated by the state.
Accommodation booked 11 days or more before the entry into force of the decree (before 8 August 2024) can maintain the agreed rental period until the end of this contract.
In addition, only one that has a favourable municipal report of urban compatibility and a unique and individualised cadastral reference that must be included in the rental contract can only be a tourist accommodation.
The same house can be rented for tourist purposes (for 10 days or less) during the period of tourist use indicated in the Tourism Registry of the Valencian Community and rented for another type of use (with contracts that may exceed 10 days) always outside this period.
2. CERTIFICATE OF CO-OWNERSHIP
3. REGISTRATION EXPIRES AFTER 5 YEARS
All tourist accommodations must be registered in the Tourism Registry 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 new decree (before 7 August 2024), your registration is valid until 8 August 2029. You will then have to register again according to the new decree.
To register an accommodation in the Registry or renew its registration, it is necessary to complete a responsible declaration regarding compliance with all the requirements of the applicable regulations, to indicate the cadastral reference of the accommodation and the period of the year in which it will be rented for tourism purposes and to have a favourable urban compatibility report from the Town Hall where the accommodation is located.
The registration procedure in the Register can only be done online :
SELF-CHECK-IN OF
ACCOMMODATION FOR TOURIST USE
Keep in mind that not providing the cadastral reference or renting the accommodation for more than 10 days during the period indicated for tourist rental are some of the reasons that can cause you to lose your registration in the register.
In addition to doing this every 5 years, a new entry must also be made in the register when the owner of the dwelling changes.
The owner and the commercial manager of the accommodation may be different. The owner registered in the Tourism Registry will always be the business manager responsible for the operation, but the owner will have subsidiary responsibility in case of infringements concerning illegal offers or clandestine activities and will not provide the identity of the managing owner.
If you have a registered address and wish to consult the data contained in the Tourism Register, you can consult them on the website via the following link:
OFFICIAL LIST OF TOURISM BUSINESSES
OFFICIAL LIST OF TOURISM BUSINESSES
4. NEW RESPONSIBLE DECLARATION EVERY 5 YEARS
The data to be updated in the new responsible declaration varies depending on whether the dwelling is registered before or after the entry into force of the new decree.
The data to be provided is also different if the accommodation was registered before the entry into force of the Tourism Act of 2018 (before 8 July 2018). Persons registered before 2018 are only required to make a responsible declaration regarding compliance with the minimum requirements set out in Annex III of the new Order regarding access, facilities, minimum dimensions and provisions.
Once the declaration responsible for the registration of the accommodation has been filed, the tourist accommodation activity must start in two months.
5. EASIER FAVORABLE URBAN COMPATIBILITY REPORT
This certificate has the same validity as the municipal report and must reflect the same content: the essential identification data of the property, including the full address, its unique and individualized cadastral reference, the classification of the land and the authorized urban use.
If the tourist residence is located on land that cannot be developed, in addition to compatibility, it must have a declaration of community interest.
6. EXACT LOCATION OF THE HOUSE AND REGISTRATION NUMBER IN ANY ADVERTISEMENT
In addition, both in the Tourism Registry and in the tourist rental contract, the unique and individualized cadastral reference of the property must be indicated. If the household does not have this reference in the Register, it will be removed from the register as of 31 December 2024.
Likewise, the tourist accommodation badge with the registration number and the logo of the Comunitat Valenciana must be displayed, either at the entrance or inside. The official format can be found on the website, in the badges section:
OFFICIAL AWARDS FOR TOURIST RESIDENCES
OFFICIAL AWARDS FOR TOURIST RESIDENCES
7. RULES OF COEXISTENCE AND USE
- The rules for the coexistence of the community of neighbours
- Terms of Use of Services and Facilities
- The pet admission regime
8. THE HANDING OVER OF KEYS IN THE STREET BOXES IS FORBIDDEN
Likewise, tourist accommodations must have a cleaning and linen change service as well as a repair and maintenance service. The simple indication of a professional or a company to carry out the repair is not possible.
9. MINIMUM DIMENSIONS AND SERVICES
The decree specifies in its annex 3 all the facilities, services, benefits and access that must be available to dwellings for tourist use. They must have an evacuation plan from the building to the door or emergency instructions in several languages, an elevator from four floors; guest entrance, in the case of accommodation located on the ground floor and 24-hour telephone service.
They must have power outlets in all rooms with voltage indicators, hot water, a list of emergency and interest telephone numbers located in a visible place, air conditioning and heating at least in the living-dining room or the living-dining-kitchen area. , internet connection, unless the home is located in a geographical area without coverage, first aid kit and detailed information about the nearest medical center, among others.
Each tourist residence must have an automatic washing machine, unless the building has a common laundry room available for guests. The kitchens must be equipped with at least one refrigerator, an electric hob, an oven/microwave, an extractor hood and at least two electric stoves when the accommodation does not exceed four places. From five seats, it must have three or more burners.
The decree gives a period of 5 years to adapt current tourist accommodation to the new requirements.
10. FINES AND LIABILITY
It is a serious offence not to indicate the exact location of the accommodation and the registration number in any advertisement, to fail to communicate the change of ownership in accordance with the regulations or to fail to provide the contact details of the owner of the activity.
With this new decree, the Department of Innovation, Industry, Trade and Tourism seeks to combat intrusions and unfair competition and obtain reliable and up-to-date data on all homes for tourist use, in addition to providing greater administrative agility and legal certainty to owners, housing managers, tourists and citizens.
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Publié le 25/09/2024 par
Dominique SANTI
10 important changes in the new decree for tourist accommodation in the Official Gazette of the Valencian Community.
