Do you own tourist rentals? This is for you
The recent Decree Law 9/2024 from the Consell introduces significant changes in the regulation of tourist rentals in the Valencian Community. These modifications aim to improve transparency and ensure a balanced coexistence between tourism and local residents. From rental period limitations to new requirements for obtaining a tourist license, this decree sets new conditions that will affect both property owners and tenants. In this article, we break down the key changes so you can stay up-to-date with the current regulations and ensure compliance with the law.
1. Maximum rental period
One of the most important changes is the limitation of the rental period. From now on, tourist accommodation can only be rented for a maximum of 10 days or less to the same tenant. This is designed to clearly separate tourist rentals from other types of rentals and to better regulate the tourism sector.
2. Prohibition of Room Rentals
From now on it is prohibited to rent individual rooms within registered tourist accommodations. This means that renting rooms within a dwelling, e.g. through platforms such as Airbnb, is no longer allowed. It is also prohibited to advertise or market such rooms.
3. Unique Property Identification
Each tourist property must be identified with a unique cadastral reference. This ensures a clear and transparent system where each tourist property can be easily tracked and inspected.
4. Municipal Compatibility Report
Another new requirement is that tourist accommodations must have a municipal report proving that the property is compatible with the tourist use. This report must be requested from the municipality where the property is located and is a necessary condition for obtaining the tourist licence.
5. Certificate of the Community of Owners
Owners of flats in buildings with a community of owners must apply for a certificate confirming that the use of the flat for tourist rental is permitted. Without the approval of the community, the tourist rental is not allowed. This measure ensures that tourist activities do not cause a nuisance to other residents.
6. Exclusive Tourist Use
Properties registered for tourist use may not be used for other types of rentals during the period declared as tourist use. If the owner does so without adjusting the tourist period, the property may be removed from the tourist register.
7. Validity and Renewal of the Licence
Tourist licences shall be valid for five years. After this period, the licence must be renewed. This ensures regular monitoring of compliance with the standards and quality of the rented properties.
8. Mandatory Advertising
After obtaining a tourist licence, owners will have two months to advertise their property. If this is not done, the licence will be revoked. This incentivises owners to actively market and rent out their properties.
9. Exact location and licence number.
In all types of advertising, the exact location of the dwelling and its registration number in the Tourism Register of the Valencian Community must be indicated. Failure to indicate this information will be considered a serious infringement.
10. Inactivity Clause.
Tourist licences will be automatically cancelled if the property is not rented out for more than one year. This prevents owners from retaining tourist licences without actively participating in tourist rental.
11. Prohibition of Key Boxes
The use of key boxes in public or common areas is prohibited. Owners must provide a reception service for their guests. This measure is intended to improve the security and management of tourist properties.
12. Non-transferability of Licences
Another important change is that tourist licences will no longer be transferred with the sale of a property. New owners will have to apply for a new licence themselves. This ensures that the licence is always up to date and matches the current owner.
13. Energy Certificate
To comply with current legislation, all tourist properties must have a valid energy certificate. This is an important measure to promote sustainability and energy efficiency.
14. Stiffer Penalties for Infringements
Fines for violating the new regulations have increased considerably. For example, renting out rooms is now considered a serious infringement, with fines of up to €600,000. Landlords are also liable for any infringements committed by companies or platforms advertising their property.
15. The owners
Property owners will be vicariously liable for any infringements committed. Until now, only the person who marketed the property, which was not always the owner, was liable.
16. More autonomy for municipalities
Municipalities in the Valencian Community now have more authority to limit the number of tourist properties in specific areas. This allows them to regulate tourism activities according to the needs and characteristics of their local community.
17. Retroactivity
The regulation will apply to all those flats that have been carrying out this activity since 2018 but does not provide for retroactivity with respect to previous years. Therefore, all those that were registered six years ago or less will have to adapt to the new regulation. However, they will have a transitional period of five years to do so. After five years, they will have to request a new responsible declaration stating that they comply with the current requirements of the regulations to continue operating.