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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 122. Do I need a license to rent out my apartment? ( Valencia Region)
13 August 2009 @ 14:00

 

Do I need a license for renting my apartment in Valencia Region?
 
The matter has been very recently re-covered by Decree 92/2009 of 3rd of July 2009 .
 
A tourist house is the building of whatever kind, which is habitually rented out for tourism, leisure and entertainment purposes.
 
According to the Decree, habituality  exists under one of the following circumstances:

a) The house is marketed to the tourists by tourist housing management companies.

b) The house is available to users by their owners or tour operators, irrespectively of the contract time period and provide services of the catering industry.

c) The house is offered through the tourism marketing channels, ie, when it is carried out through tour operators or any other sales channel for tourism, including the Internet or other new technologies.

This Decree stablishes standards for quality of the apartments and ways of regulating the internal use of both apartments and facilities. It offers too some rules for the classification of the  touristic houses into grades acording to requirements fixed in its annex ( described below in this article)

According tho the new regulation prices will be adequate to the quality of goods and services and any related taxes need to be inlcuded in the amount showed in the publicity. Deposits will never be higher to 250 € unless othersise freely agreed by both parties.
 
Provision 8 of the new Decree stablishes that there is an obligation of communicating the touristic character of the house and to apply for the registration and classification if you are marketing more than one touristic house. If you are marketing just one unit, the house will need to meet the requirements for the standard ( lower) category according to this Decree.
 
ANEX. TECHNICAL REQUIREMENTS FOR THE CLASSIFICATION OF TOURIST HOUSES.
 
1. Acceses, comunications and parkings

·
Superior
First
Standard
· Clients´ entrance
Yes
Yes
Yes
· Lifts
Yes
Yes
Yes
- From ( Number of floors)
Ground+2
Ground+3
Ground+4
· Clients´stairs
Yes
Yes
Yes
· Párking for clients
Yes
Yes
-

2. Facilities and services

·
Superior
First
Standard
· Thermical and acustic insulation in every area (*)
Yes
Yes
Yes
· Audio-ambient level by facilities (**)
 
 
 
· Power points in every room including voltage (***)
Yes
Yes
Yes
· Medium lighting level
 
 
 
According to recommendations by the Valencian Enenrgy Agency
 
 
 
· Cooling system (****)
 
 
 
Bedrooms
Yes
-
-
Commun rooms
Yes
Yes
-
· Central Heating (****)
 
 
 
Bedrooms
Yes
Yes
-
Commun rooms
Yes
Yes
-
· Telephone or Internet connection
Yes
-
-
· Hot water
Yes
Yes
Yes
· Commun gardens
Yes
-
-
· Pool ( replaceable by forward edge of beach)
Yes
Yes
-
· Individual safety boxes
Yes
Yes
-
· Evacuation plan posted on house entrance
Yes
Yes
Yes
· List of important telephone numbers in visible place
Yes
Yes
Yes

Cleaning, laundry, lingerie change, reparations, maintenance and trash removals will be accordiong to agreements between parties.
(*) According to applicable legislation.
(**) According to Law 7/2002, of Valencian region on acustic contamination.
(***) Voltage indicator and power points can be replaced by a general indication on voltage on the whole dwelling, placed in a visible area.
(****) Always with the possibility of obtaining a certain temperature according to the applicable legislation on energy saving. Control in “ superior” category can be made for each enclosure and , for the rest of the categories, can be commun for the whole house.
 
3. House sizes

·
Superior
First
Standard
· Double bedroom in Squared meters ( m2), closet including
12
10
8
· Main bedroom in m²(*), closet including
14
12
10
· Single bedroom in m2, closet including
9
8
6
- For each bunk bed, addittional m2
-
4,50
3,50
· Living-Dining room/Kitchen in m²
26
22
18
· Living-dining room in m²
20
17
14
· Bathrooms or toilets (**)
Yes
Yes
Yes
- Surface in m²
6
5
4,5
- Number according to occupancy:
+ 4 people
1 bathroom
1 bathroom
or toilet.
+6 people
2 bathrooms or toilets
-
1 bathrom or toilet
· Kitchen in m²
8
7
5
· Laundry room
Yes
-
-
· Studio apartment (***) in m² (****)
34
29
24

(*) One per house as minimum.
(**) Bathrooms will have bathtub with shower, washbasin and toilet.
In superior category, if there is just pone hygiene room, it will be a bathroom ( with bathtub and shower) if two existing: one will be a bathroom and the other one a bathroom or a toilet..
(***) House units composed by a jopinmt living room and bedroom, kitchen and bathroom.
(****) Bathroom not included .
 
4. House´s equipment
 
· Houses will have, in general, all the furnitures, cutlery, household items, lingerie and items needed for the necessities of the occupants according to its capacity.
· All bedrooms will have a closet, regardless the category of the apartment.
· Houses of superior and first category will have a Colour TV.
· Kitchen will have:

·
Superior
First
Standard
- Cooker (*)
Yes
Yes
Yes
- Fridge
Yes
Yes
Yes
- Electric iron
Yes
Yes
Yes
- Oven/Microwave
Yes
Yes
Yes
- Range hood.
Yes
Yes
Yes
- Automatic washing machine
Yes
Yes
-
- Dishwasher
Yes
-
-

(*) Cooker will have at least two burners when the occupancy is not higher to 4 people, and 3 or more burners if the occupancy does not exceed 4 people.
 
 


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4 Comments


Schofields said:
17 August 2009 @ 11:52

Thanks for the advice Maria.

Do holiday let owners need a license to rent out apartments in other areas of Spain?


Maria said:
17 August 2009 @ 12:02

Not in everyone. Where is/are your house/s located?


Schofields said:
17 August 2009 @ 17:50

Hi Maria,

I don't own property in Spain.

I was just asking out of interest, so I could refer others to your advice if needed. I imagine it is a grey area for many, who aren't aware of licensing laws.




Maria said:
18 August 2009 @ 09:53

It is a grey area, but.. it is getting more and more regulated.
I will be pleased to assist anyone you may refer.
Best,
Maria


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