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Renting out Tourism Property in Valencia? The Law on Vivienda Turistica

Question: If I rent out my villa for holiday purposes, throughout the year for 1 to 2 weeks at a time, do I need to register with the Tourist Board?

Answer: Assuming that you offer your villa for holiday rentals through the internet for example, your villa would be classified as a ´vivienda turistica´ (meeting the definitions of ´habituality´) and in the Comunidad Valenciana then there is an obligation to register your villa with the Tourist Board, as stated in the DECRETO 92/2009, de 3 de julio

You will need to fill out THIS FORM from the Generalitat, accompanied by a ´declaración responsable´.

More info about the how and where to present

 

HERE

 

Once you have presented the form, the Servicio Territorial de Turismo will classify the property based on your declaration on the form (or based on the mandatory visit to the property) and will enter the data in the Registro. Finally, you as owner will be presented with a document accrediting this registration.

All registered ´viviendas turisticas´ must exhibit near the entrance of the property a sign that displays its status as vivienda turistica and the registration number.
Info re signs, from Generalitat website

HERE

Some additional info re holiday lets in Valencia:
– there is a max. deposit of 250 euros, unless parties agree in the contract on a higher amount
– you need to use a rental contract that is drawn up in accordance with the Codigo Civil, not the Ley de Arrendamientos Urbanos
– non-compliance with the obligatory registration of the property is considered a very serious infraction with possible fines up to 600.000 euros.

More info, FAQs from the Generalitat, contact details regional offices.

UPDATE: Received enquiry from member (6.6.2016) re an email she received from Booking.com, requesting to enter details of the licence to rent out their property for holiday purposes to her ad on the website within 30 days, as prescribed by Decreto 92/2009, de 3 de Julio, del Consell. Complete with links to the relevant section of the government website to file a ´declaración responsable´. None of the legal and accounting professionals she asked, nor any of her contacts in the rental industry could tell her what the email was about, but I told her it most probably has to do with the liability as described in this article as the Valencia law is similar to the Andalucian one in this aspect.

Update June 2018. This ´solidary´ responsibility has now been confirmed in the new Tourism Law for Valencia, to come into force on the 8th of July 2018. Info

HERE

The law on Turismo Rural, so Casas Rurales, Campings, Albergues etc.

HERE

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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