Touristic apartments in Valencia region

Published on 08/09/2008 in Renting Your Property

Legal issues SpainThis subject is regulated in the Decree 30/1993 from 8th March 1993, passed by the Regulation of tourist apartments, towns, villas, bungalows and similar properties.

The decree defines tourist apartments as those buildings, whatever their features or characteristics, the usage of which, by charging a set price, is offered one or more times a year for the occasional accommodation of non-resident people, who do not usually reside in that place, or who reside there for holiday or leisure purposes.

The tourist apartments can be run under any of the following modalities:

  1. Block: This means the totality of a building or complex made up of apartments, villas, bungalows or similar structures that, with common facilities and/or services, are intended for the tourist industry.
  2. Group: Set of five or more units of tourist accommodation that, located in the same or different buildings or locations and without constituting a block, are intended for the tourist industry by a single company.
  3. Unit of tourist accommodation, that is to say, apartments, villas, bungalows or similar properties that are intended for direct use in the tourist industry by those who own the property.

The properties will be classified in the categories of luxury class, first class and second class, which will be have to meet the requirements established in annex 1 of the above-mentioned decree.

Operating Companies of Tourist Apartments are deemed to be any natural person or enterprise, whether or not the owner of the accommodation property, who carries out the activity of usage or renting of the above properties on a regular basis. These companies need to have previously registered themselves in the Registry of Operating Companies and Tourist Apartments of the Community of Valencia.

These companies will have to maintain the accommodation which they run in perfect condition according to their category. Also, the accommodation will be made available to clients in proper conditions of general cleanliness, hygiene, with general supplies and services and their facilities in working order.

The breach of these obligations will be sanctioned by the Administration.

Concerning blocks, the operating company will also be held responsible for the maintenance and operation of its services and common facilities.

If the operating company is not the owner of the apartments, an owner’s document of transfer of rights will have to be formalized, in which it has to be specifically indicated that the operator of the accommodation is liable for any breach of this Decree and its administrative obligations.

The advertising, the offers and the running of the tourist apartments have to meet and fulfil the requirements and demands of correct and objective publicity, providing the client or user with sufficient information about the characteristics of the apartments, the contracted services, the conditions of use and the benefits that they include, without detriment to the current rules and laws concerning advertising and consumer protection.

The characteristics, conditions and benefits that appear in the offers or advertising have to be met and fulfilled even if they are not specified in the contract.

Prices have to be communicated annually to the Tourist Administration, and also have to be made available to the client in a visible place. Prices must be adequate for the quality of the goods and services and should include all the necessary repairs and supplies in accordance with their use, including those that correspond to  common and accessory elements or areas of the property, unless otherwise specifically expressed or agreed upon.

General prices will include the following services and supplies:
 

  1. Maintenance and repairs. 
  2. Rubbish disposal in public areas or areas that are specifically assigned for depositing rubbish. 
  3. Water supply. 
  4. Electricity and fuel. 
  5. Caretaker and reception services in block (as described above) properties.

Also, general prices will include the use of swimming pools, gardens, parks, children’s playgrounds, common solariums and terraces, and their corresponding elements or facilities.
 
Companies may offer their clients any complementary services that they consider appropriate, as included in the price; if any other complementary service is not included in the general price of the apartment, it will be deemed to be voluntary and companies will have to give due announcement of these prices.

With reservations, companies may require their clients to pay a percentage of the price in advance that, unless otherwise settled in the written agreement, will not exceed 25 percent of the general price of the accommodation.

Companies can ask for a deposit to cover losses or deterioration of the facilities, furniture and equipment, that are shown to have been caused by the clients.

The decree also regulates the period of residence, the vacating of the apartments once the agreed period of time has been completed, and any behaviour that is prohibited for the clients.
 

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es




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