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Modifications to the Tourism Rental Law in Valencia

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Posted in: Information Topic, News Articles, Tourism,
Author: Myra Cecilia Azzopardi
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For those who find it difficult to read the full text of the law, the key changes are summarized at the end of the article.

Article 1. Purpose and Scope of Application.

1. The purpose of this Decree Law is to amend Law 15/2018, of June 7, on tourism, leisure, and hospitality of the Valencian Community, and Decree 10/2021, of January 22, issued by the Consell, which regulates tourist accommodations in the Valencian Community, particularly concerning tourist-use housing.

2. This Decree Law applies to tourist-use housing located within the territory of the Valencian Community. Additionally, it applies, where relevant, to the owners, proprietors, and users of such housing, as well as to other administrations and public entities with concurrent jurisdiction in this area.

Article 2. Amendments to Law 15/2018, of June 7, of the Generalitat, on tourism, leisure, and hospitality of the Valencian Community

1. Subsection 19.1.b) is amended to read as follows:

   “b) To classify their establishments for tourism purposes and to possess, where required, the necessary authorization or express accreditation for the tourism activity intended to be carried out. In the case of tourist-use housing, the exact location and registration number in the Tourism Registry of the Valencian Community must be included in all forms of advertising.”

2. A new article, 64 bis, is introduced with the following text:

   “Article 64 bis. Compliance with other regulations

   Tourist-use housing and other tourist accommodations must comply with the requirements of tourism, civil, commercial, health, urban planning, and environmental regulations issued by the European Union, the State Administration, the Valencian Community, and local entities within their respective jurisdictions.

   Specifically, municipalities, for reasons of overriding public interest and through the exercise of their urban planning powers, may establish proportional limitations regarding the maximum number of tourist-use housing units per building, sector, area, or zone. These limitations must be based on clear, unambiguous, and objective criteria, which must be publicly disclosed before their application.”

3. Article 65 is amended as follows:

   “Article 65. Tourist-use Housing.

   1. Tourist-use housing includes entire properties, regardless of their type, that are leased for a fee, available for immediate use, for tourism purposes, for a period of 10 days or less, continuously to the same tenant, and which have a favorable municipal report on urban compatibility for tourist use, or an equivalent document as determined by regulations, as well as, where applicable, the necessary municipal licenses for such use or activity.

   Tourist-use housing must be leased in its entirety; renting individual rooms is not permitted.

   Additionally, in accordance with cadastral legislation, and for the purpose of identifying and locating the properties used for tourist accommodation, it is mandatory to include the unique and individualized cadastral reference of the property in both the responsible declarations made and the rental contracts for the housing.

   The minimum content of the municipal report on urban compatibility for tourist use or an equivalent document will be established by regulation.

   2. In any case, it will be presumed that the property is being used for tourism purposes when any of the following circumstances apply, and therefore, the sector-specific tourism regulations will be applicable:

   a) When the property is leased for tourism purposes by companies managing tourist-use housing.

   b) When the property is made available to tourists by its owners or holders for this purpose, whether or not hotel-like services are provided.

   c) When tourist marketing channels are used. Tourist marketing is considered to exist when it is conducted through tour operators or any other tourist sales or promotion channels, including the Internet or other new technology systems.”

3. In accordance with the concept of tourist-use housing, the following cannot be considered as such:

a) Housing that is rented for a period of 11 days or more, counted continuously for the same tenant.

b) The rental of individual rooms for tourist purposes, which is expressly prohibited.

c) The rental of rooms for tourist use on boats, caravans, or similar, except within the regulatory framework for campsites.

4. The registration of tourist-use housing in the Tourism Registry of the Valencian Community will be valid for 5 years, with exceptions expressly regulated by this Law and its implementing decree.

5. The minimum requirements for design, quality, safety, accessibility, and equipment applicable to this type of housing will be established by regulation.

4. Subsection 5 of Article 77 is amended to read as follows:

Article 77.Nature and registration

5. The registration of individuals practicing tourism professions, companies, and tourist establishments will be carried out ex officio once the communication or responsible declaration of the commencement of activity, duly completed, has been received, certifying compliance with the requirements determined by regulation for registration. In the case of tourist-use housing, the report or document referred to in Article 65 of this Law, and the identification of the housing, including the unique and individualized cadastral reference of the property, must be provided.”

5.Subsection 3 of Article 78 is amended, and a new subsection 4 is added, which reads as follows:

Article 78. Modification and deregistration

3. Deregistration from the Tourism Registry of the Valencian Community will proceed in the following cases:

a) Declaration of cessation of activity by the registered holder.

b) The inaccuracy, falsity, or omission of any essential data, statement, or document accompanying or included in a communication or responsible declaration.

c) The modification or disappearance of the circumstances and requirements that led to the registration in the Registry.

d) When the activity or service has not commenced within two months of submitting the required responsible declaration.

e) Certification issued by the competent administration of a final administrative decision determining the lack of the required authorizations or licenses for the activity, following the corresponding procedure.

f) When tourism inspections confirm the cessation of tourism activity for more than 1 year.

g) In the case of tourist-use housing, in addition to the above, when the cadastral reference of the property as required by the second transitional provision of Decree 10/2021 has not been communicated before December 31, 2024.

h) In the case of tourist-use housing, in addition to the above, the failure to submit a new Responsible Declaration for renewal after the five-year validity period of the registration, within the time frames and manner established by regulation.

i) In the case of tourist-use housing, in addition to the above, the certification by the corresponding municipality of the final administrative decision of a legal urban planning restoration order that mandates the cessation of the activity.

j) In the case of tourist-use housing, in addition to the above, when it is found that the accommodation is being used during the declared tourism period as a regular or seasonal rental in the terms established by Law 29/1994, of November 24, on Urban Leases.

4. Deregistration from the Tourism Registry in the cases of letters b), c), d), e), g), i), and j) of the previous section will be resolved following the appropriate procedure, in which the interested party will be granted a hearing. The hearing procedure may be omitted in the case of letter a), in the case of letter f) when the inspection report indicates the will of the registered holder and the property owner not to continue being registered in the Tourism Registry, and in the case of letter h) after notifying the interested party of the expiration of the term.”

6. Article 88 is amended with the addition of subsection 4, which reads as follows:

Article 88. Responsible persons.

4. The owners of tourist-use housing will have subsidiary liability for infractions related to illegal offerings or clandestine activities in cases where, upon request, they do not identify the individuals or legal entities responsible for the corresponding tourism activity within the time frame indicated in the request.”

7. Subsection 10 of Article 91 is repealed.

Article 91. Minor infractions

10. Repealed.”

8. Subsection 16 of Article 92 is amended, and two new subsections, 19 and 20, are added, which read as follows:

Article 92. Serious infractions.

11. Repealed.

16. Failure to comply with the obligation referred to in letter b of Article 19.1 to provide publicity in marketing through any means, especially through information society services, of the exact location and registration number of the housing in the Tourism Registry of the Valencian Community.

19. Failure to communicate a change of ownership as required by regulation.

20. The refusal of the owners of tourist establishments, including tourist-use housing, to provide the identity and contact details of the individuals responsible for the tourism activity, as well as the contract or necessary authorization for that activity, or any other relevant document for these purposes.”

9. Article 93 is amended with the addition of subsection 6, which reads as follows:

Article 93. Very serious infractions

6. Engaging in, marketing, offering, providing, or advertising room rentals for tourism purposes in registered tourist-use housing.

7. Overbooking and failure to comply with the provisions related to reservation or cancellation policies, when affected users are not provided with accommodation under the conditions established in Article 20.2 of this law.”

10. Article 95 is amended with the addition of subsection 3, which reads as follows:

Article 95. Graduation of sanctions

3. The number of tourist-use housing units operated by the registered holder or management company and the volume of turnover may determine the imposition of sanctions corresponding to higher or lower-level infractions, respectively.”

11. Article 98 is amended with the addition of a second subsection, which reads as follows:

Article 98. Competent bodies.

2. In accordance with the provisions of the local government regulation, the competence to initiate, instruct, and resolve sanctioning procedures for minor, serious, and very serious infractions concerning tourist-use housing located within their territorial scope, as well as, where applicable, for the administrative review of acts arising from such sanctioning procedures, may be delegated to municipalities that request it and meet the general requirements necessary to obtain the delegation.”

Article 3. Amendment of Decree 10/2021, of January 22, issued by the Consell, regulating tourist accommodation in the Valencian Community.

1. Article 23 is amended to read as follows:

Article 23. Content of the responsible declaration for tourist-use housing

The responsible declaration will contain the identification of the person or entity responsible for the activity, including a telephone number and email address for electronic notification purposes, as well as the identification of the property owner if different from the person or entity responsible for the activity.

Furthermore, it must include the identifying information of the property and an explicit statement on the following points:

a) That they have the availability of the property or properties for tourism use and the documentation that accredits it as appropriate (property deed, lease contract, management authorization between the owner and the company, or another valid title for these purposes).

b) That the property or properties meet the requirements established by regulations for registration with the communicated capacity, and that these requirements will be maintained during the validity of the activity.

c) That they have a favorable municipal report on urban compatibility for tourist use, or an equivalent document provided for in this regulation.

d) That the cadastral reference provided is unique and individualized and reflects the current physical, economic, and legal reality of the property, or if not, the unique registry code of the property is provisionally recorded until obtaining, within less than a year, the corresponding unique and individualized cadastral reference.

e) That they have a first or second occupancy license for the property or the equivalent enabling title provided for in Decree 12/2021, of January 22, issued by the Consell regulating the responsible declaration for first occupancy and subsequent occupancies of housing, as well as, where applicable, the necessary municipal enabling title for its use as tourist accommodation, when, in accordance with municipal planning, the tourist housing use is residential. Exceptionally, in cases of proven impossibility, an equivalent municipal report will be accepted.

f) That the tourist housing complies with the design, quality, accessibility, and safety conditions established in sections 49.2, 3, and 4 of this Decree, and that they have the necessary licenses, authorizations, enabling titles, or any other mandatory municipal instruments for urban planning, environmental, or opening purposes for its use as tourist accommodation, when, in accordance with municipal planning, the tourist housing use is considered tertiary.

g) That they have liability insurance or another equivalent guarantee to cover damages and losses that may occur during the activity in the terms provided for in Article 26 of this decree.

h) That the property has the licenses, certificates, or authorizations required by other departments or public administrations, especially urban planning, environmental, horizontal property, health, and opening, if applicable, and that it complies with all applicable sectoral regulations.

i) If the establishment is located on non-developable land, that the declaration of community interest granting the corresponding tourism use and exploitation has been obtained or, if applicable, that its exemption has been processed in accordance with current urban planning legislation.

j) The period of activity in the property. The period of activity must be declared for each property, and it may only be marketed for tourism purposes during the indicated periods.”

k) It complies with legal provisions regarding tax obligations, social security, and, in the case of having employees, adheres to the applicable collective bargaining agreement for this economic activity.

l) It possesses a registry certification confirming that neither the constitutive title, the community statutes, nor any enforceable decisions of the homeowners’ association prevent the property from being used for purposes other than as a primary residence, or it has a certificate issued by the homeowners’ association confirming the same.

m) It complies with the obligations of Royal Decree 933/2021, dated October 26, which establishes the documentation and information registration requirements for individuals or legal entities engaged in lodging activities and motor vehicle rentals, or any regulation that may replace it.

n) In the case of holding a rural designation, it complies with the provisions outlined in Article 68 of this decree.

o) It holds the property’s energy performance certificate.

p) In the case of tourist accommodations implemented in commercial premises within existing buildings, it possesses the technical descriptive report as outlined in Article 49.3 of this decree.

2. A new article, 23 bis, is introduced with the following content:

Article 23 bis. Validity of the registration in the tourism registry of tourist-use homes.

1. The registration of tourist-use homes in the tourism registry of the Valencian Community will be valid for five years, with the exceptions established by law and this decree.

2. The responsible declaration allows for the exercise of the activity for five years from its submission and must be indicated in the corresponding registration.

To renew the registration for a new five-year period and continue the activity, the activity holder, with the express permission of the owner, must submit, in any case, within the month prior to the end of each period, a new responsible declaration for renewal.

This renewal responsible declaration must be accompanied by a new favorable municipal report on urban compatibility for tourist use, updated, or an equivalent document provided for in this regulation.

The new responsible declaration for renewal will expressly state that it complies with all legally and regulatory requirements in force at the time of renewal.

For those homes registered before the entry into force of this decree law, it will not be necessary to include in this renewal responsible declaration the certifications mentioned in section l) of Article 23.

If the five-year period elapses without a new responsible declaration for renewal and a municipal report or equivalent document being submitted where required, the home will be deregistered from the Registry.

3. When there is a change in the ownership of a registered tourist-use home, whether before or after the entry into force of Law 15/2018, the legal and regulatory regime and requirements in force will apply to both the home and the new owner. A new responsible declaration must be submitted, along with the municipal report of urban compatibility for tourist use or an equivalent document.

3. Section 3 of Article 27 is repealed.

4. Article 30 is amended, with the following wording:

Article 30. Deregistration**

1. The deregistration from the Tourism Registry of the Valencian Community will proceed in the following cases:

a) Declaration of cessation of the activity by the person listed as the holder in the Registry.

b) Inaccuracy, falsity, or omission of essential nature in any data, statement, or document accompanying or incorporated into a communication or responsible declaration.

c) Modification or disappearance of the circumstances and requirements that led to the registration in the Registry.

d) When the activity or service has not been initiated within two months from the submission of the required responsible declaration.

e) Certification issued by the competent administration of the final resolution in the administrative process determining the lack of the required authorizations or licenses for the exercise of the activity, after processing the corresponding file.

f) When the tourism inspection verifies the cessation of tourism activity for more than one year.

g) In the case of tourist-use homes, when the cadastral reference provided for in the second transitional provision of Decree 10/2021 has not been communicated before December 31, 2024.

h) In the case of tourist-use homes, the failure to submit a new Responsible Declaration for renewal after the five-year validity period of the registration, within the time and manner specified in this decree.

i) In the case of tourist-use homes, the certification by the corresponding municipality of the final administrative resolution of a file for the restoration of urban legality ordering the cessation of activity.

j) When it is confirmed that the accommodation is being used, during the declared tourist period, for rental as a residential or seasonal dwelling under the terms established by Law 29/1994, of November 24, on Urban Leases.

2. The deregistration from the Tourism Registry in the cases of letters b), c), d), e), g), i), and j) of the previous number will be resolved after processing the appropriate file, in which a hearing will be granted to the interested party. The hearing process may be waived in the case of letter a), in the case of letter f) when the inspection report indicates the will of the holder and owner not to remain registered in the Tourism Registry, and in the case of letter h) after notifying the interested party of the expiration of the term.

5. Section 2 of Article 33 is amended, with the following wording:

Article 33. Advertising of establishments.

2. Advertising of tourist-use homes must obligatorily include their registration number and exact location.

6. Article 37 is amended, adding a section 5, with the following wording:

Article 37. Internal regulations.

5. In the case of tourist-use homes, an internal regulations document must be available, which will include, at a minimum, the community’s coexistence rules, the conditions of use for services and facilities, and the rules for the admission of domestic animals to avoid disrupting normal coexistence or endangering the safety or physical integrity of other clients. These regulations will be binding on users of the accommodation. To this end, the owners of tourist-use homes or the activity holder must provide users with an informative form of these rules prior to lodging, which must be expressly accepted by the latter.

In the event of non-compliance, the owner or activity holder will require the user to cease their non-compliance or, in case of severity, to vacate the property. If this requirement is not met, they will notify the Police or the competent authority. In the event of eviction, the user will lose all amounts paid for their reservation, if such a condition has been stated.

7. Article 47 is amended, with the following wording:

Article 47. Definitions

1. Tourist-use homes are considered those defined as such in Article 65 of Law 15/2018.

2. Managing companies of tourist-use homes are considered those physical or legal persons whose professional activity, whether primary or not, consists of the paid assignment of the use and enjoyment of at least five tourist-use homes, regardless of their location within the same building or complex, and of the legal title that enables them to do so.

3. Each tourist-use home registered in the Tourism Registry must be associated with a unique and individualized cadastral reference that corresponds to the physical, economic, and legal reality of the property or, if a cadastral alteration is being processed, to the unique property registry code.

8. A new article, 47 bis, is introduced, with the following wording:

Article 47 bis. Municipal report on urban compatibility for tourist use.

1. Tourist-use homes must have a favorable municipal report on urban compatibility for tourist use, which will include the essential identification data of the property, including the complete address, its unique and individualized cadastral reference, or, if applicable, the unique property registry code, land classification, permitted urban use, and the report’s conclusion.

This report will be issued by the municipality where the property is located for the sole purpose of the relevant department of the Regional Administration responsible for tourism having record of the urban compatibility for tourist use of the property according to the applicable urban planning regulations. Consequently, the issuance of this report, even if favorable, does not replace any other licenses, authorizations, enabling titles, or other urban, environmental, or opening intervention instruments required for its use as a tourist property.

2. For tourism purposes, instead of the municipal report on urban compatibility for tourist use, a favorable certificate issued by municipal administration’s collaborating entities in the verification of urban actions (ECUV) may be provided, as long as the municipal planning is zoned and contains provisions on tourist-use homes.

This certificate will have the same validity and effects as the aforementioned report and must reflect the same minimum content.

3. If the homes intended for tourist use are located on non-developable land, in addition to the municipal report on urban compatibility for tourist use or an equivalent document, they must obtain, prior to their registration in the Registry, a declaration of community interest that grants the corresponding use and tourist exploitation or, where applicable, prove that exemption has been processed, as well as the corresponding environmental intervention instrument in accordance with current urban planning legislation, if applicable.

9. Article 49 is amended, with the following wording:

Article 49. Design and quality standards applicable to tourist-use homes. Safety and accessibility requirements.

1. When, in accordance with municipal planning, tourist-use homes are located in buildings whose primary urban use is residential housing, they must comply with the design and quality standards in force in the Valencian Community applicable to residential buildings. In this case, their owners must have the first occupancy license or subsequent ones or the equivalent enabling title provided for in Decree 12/2021, of January 22, of the Regional Government regulating the responsible declaration for the first occupancy and subsequent occupancy of homes.

2. Tourist-use homes located in commercial premises within newly constructed buildings must comply with the design and quality standards in force in the Valencian Community applicable to residential buildings. In these cases, their owners must obtain all required urban and environmental enabling titles necessary for the exercise of the activity.

3. Translation:

Tourist-use accommodations established in commercial spaces within existing buildings, regardless of whether they result from a change of use, must comply with the design and quality standards applicable to residential buildings, specifically concerning the relationship between different spaces or rooms, linear dimensions, horizontal and vertical circulation, ventilation and lighting openings, parking, and the ventilation and lighting of both the accommodations and the building. In these cases, owners must obtain all necessary urban planning and environmental permits required to operate.

To facilitate the adaptation of these commercial spaces to tourist use and to ensure the quality of the tourism offering, when it is not possible to fully meet all the above requirements, the following flexibility criteria will be allowed:

a) Regarding linear dimensions, the overlapping of inscribed shapes for furniture will be permitted as long as it does not prevent the intended use based on the tourist accommodation’s occupancy.

b) If a room cannot fully meet the natural lighting and/or ventilation requirements, or if the intended tourist accommodation does not have patios with the dimensions defined by the design and quality regulations, additional measures will be implemented to ensure compliance, such as, but not limited to:

1. The creation of additional light wells where possible.

2. The provision of a larger surface area for lighting and ventilation to the exterior than required by regulations, situated in both common areas and accommodation areas.

3. Natural lighting and ventilation through translucent facades, roof windows, polycarbonate domes, skylights, ceiling light wells, and tubular skylights.

4. Installation of forced ventilation systems with or without integrated heat recovery, which will provide a sufficient flow of outdoor air and ensure the extraction and expulsion of stale air, complying with the indoor air quality requirements established in the Thermal Installations Regulation of Buildings, approved by Royal Decree 1027/2007, of July 20.

In such cases, a competent technician must certify that, due to the impossibility of fully complying with the design and quality requirements, supplementary measures or elements have been implemented to compensate for this deficiency. All of this will be documented in a descriptive technical report.

c) In the case of commercial spaces on the ground floor, if there are areas that cannot comply with the above provisions, they must be separated from the resulting tourist accommodations, with this being noted in the Property Registry. Access to these areas can only be enabled through the building’s common areas.

4. The supervision and control of compliance with the conditions mentioned in the preceding sections, as well as the functionality, accessibility, structural safety, fire safety, and usage safety requirements regulated by the building technical code and other applicable regulations, will be the responsibility of the municipalities as part of the processing of licenses, authorizations, enabling titles, or urban, environmental, or operational permits required in each case, either directly or through the involvement of entities collaborating with the municipal administration.

5. Without prejudice to the conditions indicated in the previous sections, tourist-use accommodations must comply with the minimum requirements established in Annex III, whose supervision and control are the responsibility of the department of the Consell’s administration competent in tourism matters.

10. Annex III is amended and now reads as follows:

ANNEX III

Minimum Requirements for Tourist-Use Accommodations.

Notwithstanding the conditions established in Article 49 of this regulation, the following minimum requirements apply to tourist-use accommodations:

1. ACCESS AND COMMUNICATIONS

– Evacuation plan of the building on the door of the accommodations or, failing that, emergency instructions in several languages.

– Elevator (for buildings with Ground Floor + 4 levels) (1)

– Customer entrance, in the case of accommodations located on ground floors.

– 24-hour service phone line.

(1) Ground floor + 4 is exempt from requiring an elevator.

2. INSTALLATIONS AND SERVICES

– Power outlets in all rooms with voltage indicator (1).

– Hot water.

– Evacuation plan located on the door of the accommodation.

– List of emergency and important contact numbers placed in a visible location.

– Air conditioning (2) at least in the living-dining room or living-dining-kitchen area.

– Heating (2) at least in the living-dining room or living-dining-kitchen area.

– Internet connection unless the accommodation is in an area without coverage.

– First aid kit.

– Detailed information on the nearest medical center.

– List of emergency and important contact numbers.

– Reception service. The delivery of keys through boxes located on public roads is prohibited.

– Cleaning service (3)

– Linen change (3)

– Repairs and maintenance (3)

(1) The voltage indicator next to the power outlets can be replaced with a general voltage indication for the entire accommodation, placed in a clearly visible location.

(2) Always ensuring the ability to maintain a temperature in accordance with current energy-saving legislation.

(3) The provision of cleaning, laundry, linen change, repairs, maintenance, and garbage collection services will be governed by the contract signed for the use of the accommodation unit. The person responsible for providing these services will be the owner or operator of the activity, who must channel customer requests and may offer these services directly or through third parties, but it is not permitted to merely refer to a professional or company providing the service. Accommodations must be delivered in proper cleaning and maintenance conditions.

3. MINIMUM DIMENSIONS OF THE ACCOMMODATIONS AND THEIR ROOMS:

The minimum dimensions of the accommodations must comply with the regulations applicable to their residential use.

4. PROVISION OF TOURIST-USE ACCOMMODATIONS:

In general, accommodations must be equipped with the furniture, cutlery, kitchenware, linens, and other utensils and accessories necessary to meet the needs of the customers according to the accommodation’s capacity.

All bedrooms must have a wardrobe, either inside or outside the room.

Accommodations must have an internet connection, unless in areas without coverage, and a television.

The accommodation must have an automatic washing machine, unless it is located in a building or similar structure that has a common laundry with washing machines and dryers available to customers on the premises.

The kitchen must be equipped with at least the following elements:

– Refrigerator

– Electric iron

– Oven/microwave

– Smoke extractor, hood, etc.

– At least two electric burners if the accommodation does not exceed 4 beds. For 5 or more beds, it must have three or more burners.

ADDITIONAL PROVISIONS

Sole. Municipal Urban Compatibility Report for Tourist Use.

All references made in tourism regulations to the municipal urban compatibility report will be understood as references to the municipal urban compatibility report for tourist use, or an equivalent document.

TRANSITIONAL PROVISIONS

First. Regulations applicable to ongoing cases.

Cases initiated before the entry into force of this decree-law will continue to be processed under the previous regulations unless they voluntarily opt to adhere to this decree through a written declaration to that effect.

Second. Regulations applicable to existing contracts.

Tourist-use accommodations that have been reserved or contracted for a period of 11 days or more before the publication of this decree-law will maintain the agreed rental period until its conclusion, after which they will be subject to the maximum rental period of 10 continuous days to the same tenant, as established in this decree.

Third. Transitional regime for the validity of registration.

Tourist-use accommodations that are already registered in the Tourism Registry at the time of publication of this decree, after the entry into force of Law 15/2018, of June 7, of the Generalitat, on tourism, leisure, and hospitality of the Valencian Community, will maintain the validity of their registration for the exercise of the activity for a period of 5 years from the entry into force of this decree, after which they must submit a new responsible declaration for renewal with the content and requirements established in Article 23 bis of this decree.

Accommodations registered before the entry into force of Law 15/2018, of June 7, of the Generalitat, on tourism, leisure, and hospitality of the Valencian Community will only be required to submit the responsible declaration for renewal, but only in relation to compliance with the minimum requirements of Annex III.

Fourth. Adaptation period for tourist-use accommodations registered in the Tourism Registry of the Valencian Community**

Tourist-use accommodations will have, from the entry into force of this decree, a period of 5 years to adapt to the requirements established in Annex III.

REPEAL PROVISION

Sole. Repeal of regulations.

Any provisions set forth in regulations of equal or lower rank that oppose the provisions of this decree-law are repealed.

FINAL PROVISIONS

First. Amendment to Legislative Decree 1/2021, of June 18, of the Consell approving the consolidated text of the Law on land use, urban planning, and landscape.

Section 2 of the Fourth Additional Provision of Legislative Decree 1/2021, of June 18, of the Consell approving the consolidated text of the Law on land use, urban planning, and landscape is amended, adding a new letter, e), with the following content:

e) Issuing urban compatibility reports for tourist use as provided in the regulations governing tourist-use accommodations, provided that the relevant municipal planning is zoned and includes provisions on such accommodations.”

Second. Regulatory status of the amended provisions.

The regulatory provisions modified by this decree-law retain their previous regulatory status and nature, meaning they may be amended or repealed by subsequent regulations of equal or higher rank.

Third. Entry into force

This decree-law will enter into force the day after its publication in the Official Journal of the Generalitat Valenciana.

Ontinyent, August 2, 2024

Carlos Mazón Guixot

President of the Generalitat  

Nuria Montes de Diego.

The tourism rental law which has been modified as above 

 

The principal changes with a link below to the article.

 

The main changes introduced by the Consell’s Decree-Law 9/2024 regarding tourist-use housing in the Valencian Community
August 13, 2024
Ernesto Vidal MartínThis Decree-Law was issued at the beginning of August, justified by the Generalitat Valenciana itself due to the urgent need to implement certain measures to put an end to the “uncontrolled phenomenon of illegal housing.” These measures came into effect on August 8, 2024, the day after their publication in the Official Gazette of the Generalitat Valenciana.Below, we briefly outline the most relevant changes brought by this Decree-Law to: (i) Law 15/2018 of June 7 on tourism, leisure, and hospitality of the Valencian Community, (ii) Decree 10/2021 of January 22, by the Consell, which regulates tourist accommodation in the Valencian Community as it affects tourist-use housing, as well as (iii) Legislative Decree 1/2021 of June 18, by the Consell, approving the Consolidated Text of the Land Use, Urban Planning, and Landscape Law.Length of Stays: To differentiate tourist rental from other rental modalities, stays of 10 days or less to the same tenant will be considered as tourist stays, provided that other legal requirements for tourist-use housing are met.Prohibition on Renting Rooms: The ban on renting out tourist-use housing by the room remains. Remember that Law 15/2018 already required that the entire property be rented out.Unique and Individualized Cadastral Reference: Tourist-use properties must have a unique and individualized cadastral reference for each property or tourist housing unit.In this regard, the Decree imposes an obligation on existing tourist-use properties to report their cadastral reference to the Administration by December 31, 2024. Otherwise, they will be deregistered from the Tourism Registry of the Valencian Community.Facilitating License Processing: To expedite the processing of tourist-use licenses, collaborating entities of the Administration (ECUV) are authorized to issue the “equivalent document” to the urban compatibility report, which until now could only be issued by municipal technicians, provided that the corresponding municipal planning is zoned and includes provisions regarding such housing.Limitations in Planning for Tourist Use:Municipalities are authorized to introduce, based on general interest reasons, limitations regarding the maximum number of tourist-use housing per building, sector, area, or zone. However, these limitations must always be “proportional.”These limitations, the regulation states, “must comply with clear, unequivocal, and objective criteria, which have been duly publicized before their application.”Similarly, municipalities are responsible for supervising and controlling the compliance with the conditions required for tourist-use housing.Finally, it is anticipated that municipalities that so request may be delegated the authority to conduct and resolve sanctioning procedures for violations related to tourist-use housing located in their territorial jurisdiction, as well as to review in administrative proceedings the acts derived from such sanctioning procedures.Transitional Regime Regarding the Validity of Registration in the Tourism Registry:As a general rule, registration in the Tourism Registry is valid for 5 years, after which it must be renewed. However, the Decree-Law distinguishes between:Tourist-use housing registered in the Tourism Registry after the entry into force of this Decree-Law will maintain the validity of the registration for 5 years, from August 8, 2024, until August 8, 2029, after which a new renewal declaration must be submitted to continue the activity, complying with all the requirements established in Article 23 bis of the Decree-Law.However, tourist-use housing registered in the Tourism Registry before the entry into force of Law 15/2018 will only be required to submit a renewal declaration, but only concerning the minimum requirements of Annex III.Certification Requirement for New Tourist-use Housing:It is also important to note that new tourist-use housing that begins operations after the entry into force of the Decree-Law must provide a registry certification proving that neither the constitutive title nor the community statutes of the property, nor any agreement of the community, prevent the property from being used for purposes other than as a permanent residence.However, the Decree expressly states that this requirement will not apply to housing registered before the entry into force of this Decree-Law.Transfer of Property:In the case of the transfer of ownership of a tourist-use property already registered in the Tourism Registry, the enabling title to operate is lost, and the new owner must submit the corresponding renewal declaration and municipal compatibility report, applying the legal regime and requirements in force at the time of submission.Requirements for Tourist Housing in Commercial Premises:As a general rule, tourist housing located in commercial premises of existing buildings (ground floors) must comply with “design and quality standards for residential buildings regarding the relationship between different spaces, dimensions, horizontal and vertical circulation, ventilation and lighting, parking, and lighting and ventilation of the housing and the building.”However, to facilitate the adaptation of these commercial premises for tourist use, flexible criteria (detailed in Article 3, Section 9 of the Decree-Law, which amends Article 49 of Decree 10/2021 of January 22, by the Consell, regulating tourist accommodation in the Valencian Community regarding design and quality standards applicable to tourist-use housing) will be accepted.Infractions and Sanctions:Regarding infractions and sanctions, it is important to note that property owners of tourist-use housing (who may not coincide with the operator) are assigned subsidiary responsibility for infractions related to illegal or clandestine activity in cases where, if requested to identify the individuals or entities responsible for the tourist activity, they fail to do so within the required period.Additionally, some new grounds for infractions have been added, such as the refusal of property owners of tourist establishments, including tourist-use housing, to provide the identity and contact details of the individuals responsible for the tourist activity, as well as the necessary contract or enabling title for the activity, or any other relevant document. This is considered a serious infraction and may be sanctioned with a fine ranging from 10,001 to 100,000 euros, without prejudice to the possibility of ordering the temporary closure of the establishment or the temporary suspension of the right to conduct the tourist activity.Service Quality Requirements:In terms of service quality requirements, the following new measures stand out: (i) the delivery of keys through boxes located on public streets is prohibited, and (ii) there is an obligation to provide a 24-hour contact telephone number.

Thank you to:  G_AP

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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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