Following last article on the current legislations on touristic accommodation in the Valencian Region, we opted for providing a number of questions and answered obtain directly from the Valencian Authorities rather than analysing the actual legislation on the subject, so we continue in this article with that strategy so here are the rest of questions.
Can I rent a tourist house room by room?
The regulation of the Valencian Community does not contemplate the possibility of letting room by room, but the entire accommodation unit and moreover, the owner cannot live in the same accommodation.
Can I sign a contract based on the Urban Lease Law (seasonal lease)?
Article 5 e) of Law 29/1994, of 24 November, on Urban Leases, excludes from its application the temporary cessation of homes marketed or promoted in any tourist channels.
Should I keep a register of travellers?
This may come to a surprise to you but in accordance with the regulations of the Ministry of the Interior, you must complete a passenger entry section, made according to an official model, and send it to the corresponding Police Station or Civil Guard Post, depending on the location of the location. living place. This regulation was established in the Order 1922/2003 of July 3 on book-registration and entry reports of travellers in tourist accommodation.
Can I process it by digital means?
Yes, it can be processed by digital means. For this you must have a Spanish digital certificate issued by the ACCV or have an electronic ID and have installed the appropriate software installed in your computer. You can access the catalogue of public services on the Internet of the Valencian Regional portal: or access directly to the “Procedimiento Telemático”. This process is a bit complicated nonetheless I urge you to obtain you digital certificate if you are going to reside in Spain as all bureaucratic process are being digitized and sooner than later everything will have to be done via internet. The above certificate allows you to sign and encrypt securely email messages, when you want to communicate with the local, regional and national authorities allowing you to use your electronic signature you can also encrypt documents of all types and maintain correspondence with the authorities from home.
Some examples of this use are the Electronic Office of the Tax Office, the Electronic Office for the Social Security, the Electronic Office for the Cadastre, the Regional Electronic Office, etc.
There are other questions that will pop up in your procedure to rent your home as “touristic accommodation”, for instance:
What are the tourist requirements that "tourist housing" must meet before its first rental?
Classify your home in one of the first steps to embark on. Your property can be classified as “superior”, “first” or “standard” categories according to the provisions of the Annex to Decree 92/2009, of July 3. You can read it here. in which approves the Regulation of Tourist Accommodation and Management Companies of the Valencian Community. To do this, you must take a look to the Annex of the regulations and select the category that corresponds to the characteristics of your home, which you must communicate in the “responsible statement” (Declaración Responsible). In this Annex there is a long list of requirements that you have to say whether your home complies or not. For instance; do you have parking? Lift? Thermal or acoustic insulation? Nº of bedrooms, living rooms, swimming pool, common gardens ?, etc. You just fill in yes or no and the list will award you one category or another.
And finally, here below is a list of other requirements that you must not forget:
- The property has to be maintained in perfect state of habitability, in accordance with its category and description made to the tourist administration.
- The property must be maintained and serviced to the standard, requirements and qualities which determined their classification and category.
- Suitable conditions for conservation, cleaning and provision of services from the day set for their occupation, with supplies and facilities in accordance with its category.
- You must display in a visible way at its entrance, either inside or outside the corresponding identification of its tourist housing status and registration number, described in Order 2/2010, of March 29, of the Ministry of Tourism, which establishes the distinctive corresponding to the companies and tourist establishments of the Valencian Community. In other words, your property becomes a hotel and should be kept as such.
- In case that the housing you want to rent has also the status of rural, then you must also comply with the provisions of article 32 of Decree 184/2014, of October 31, regulating rural tourist accommodation in the interior of the Valencian Community. In which case the accommodation capacity must not exceed 16 beds per apartment.
- That the building with this category responds to the architectural characteristics of the area, which will be accredited by a certificate issued by an architect.
- That the furniture, equipment and ornamentation respond to the autochthonous singularity of the area where they are located.
- That the locality where it is located is less than 5,000 inhabitants. They may only be located in towns with a greater number of inhabitants when the establishment is located in a village, on undeveloped land or in a place dependent on the municipality and has obtained the declaration of “community of interest” or, have a special exemption certificate in accordance with the current urban legislation.
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