Regulations on Holiday Rental Properties in the Autonomous Community of Aragon


 

What tourism requirements must "holiday rental properties" meet before being rented for the first time?

1. The following may be considered "holiday rental properties":

  • A dwelling that is part of a horizontal property regime.
  • Detached family houses.
  • Dwelling that are part of private property developments.

Bear in mind that groups of two or more dwellings in the same property that are owned by the same person or exploited by the management entity shall be considered to be “tourist apartments” and, thus are subject to what is provided for in specific regulations, which may be found here.

2. The maximum occupancy of holiday rental properties shall be determined by applying the following parameters:

  • One person per room > six square metres.
  • Two people per room > ten square metres.
  • Three people per room > fourteen square metres.

3. Properties must comply with current legislation regarding habitability and safety in the residential use of the property, the drinking quality of the water and waste-water disposal, as well as regulations concerning the promotion of accessibility and the removal of architectural barriers in private buildings.

4. Properties must be kept in an appropriate state of repair and sustain all rooms, structures, installations and services.

5. Use of the property should be compatible with town planning regulations in force in the municipality or, if appropriate, have the necessary municipal authorisation to undertake the activity in question.

6. There should be no prohibitions or restrictions in the statutes of the owners' community regarding the use of the property for tourism purposes, in the case of dwellings that are part of a horizontal property regime.

7. In the case of dwellings that are not managed by their owners, the manager must have authorisation granted by the owner of the property in question to manage it.

8. The properties must be furnished and equipped and ready for immediate use.

 

From a tourism perspective, what additional requirements must a "holiday rental property" meet while being used as a rental?

In addition to the aforementioned requirements, the following aspects must be taken into account:

1)    There are no restrictions on pricing, although the following should be borne in mind:

a.    Prices should be expressed in maximum amounts and include all charges, taxes or levies, as well as all applicable discounts and any surcharges or other increases.

b.    They should be clearly displayed to the public in a clearly visible part of the property and on all advertising material, accompanied by the distinguishing sign as stipulated by the Regional Government of Aragón in the Annex to Decree no. 80/2015 of 5 May 2015, enacting the Regulation of Holiday Rental Properties in Aragón.

c.    Before occupying the rental property, guests should be notified of the prices charged for the services which they have initially requested, by providing them with a sheet, which the guest should sign, containing the following set out below. A copy of this document must be kept on file for at least six months for presentation upon request of the Tourism Inspection Office.

o    Name and location of the holiday rental property.

o    Number and identification of the holiday rental property.

o    Price of the accommodation.

o    Arrival and departure dates.

Bear in mind that it is not necessary to present the aforesaid sheet when the guest has rented the property through a travel agency or company providing written confirmation.

d.    When the user has confirmed ther reservation, the agreed price must be respected and under no circumstances increased.

2)    As far as invoicing is concerned, bear in mind that in the invoices that are issued, at least the following data must be expressed:

a.    Username.

b.    Identification of the holiday rental property.

c.    Maximum occupancy.

d.    Arrival and check-out dates.

e.    A detailed breakdown of the various services provided, grouped into concepts, and, if required, telephone services and any extra charges (either nominally or in code).

3)    Regarding the rental of holiday property, bear in mind the following:

a.    The occupation of the holiday rental properties for tourist use must be for a continuous period of time equal to or less than one month per user.

b.    Holiday rental properties must be transferred in their entirety; the rental of individual rooms is not permitted.

c.    All services should be provided based on the conditions offered or agreed upon.

d.    Holiday rental properties shall be maintained in conditions that allow for their immediate occupancy by guests, observing high standards of cleanliness and hygiene, with all the furniture, crockery and cutlery, household utensils, bedclothes, table cloths and fixtures and fittings within the property.

e.    Where appropriate, when users have obtained confirmation of the reservation of a holiday rental property for a specific tourist use, with the specifications of number or location, the operator must make it available on the agreed date (if the reservation is for a non-specific holiday rental property, accommodation that meets agreed-upon characteristics must be made available).

f.    Guests should pay the invoice for the holiday rental property on presentation thereof, except where another time and place for payment has been agreed.

4)    In good time notify the guests of the prices and other details of the services offered objectively, honestly and accessibility.

5)    Holiday rental properties should be marketed and advertised through tourism channels (travel agencies, accommodation booking services and other intermediary tourism service companies and organisations, including virtual intermediary platforms, via the insertion of advertising on travel-related social media platforms with a focus on destinations away from typical tourist locations). Said rental properties are for profit-making purposes, providing accommodation two or more times within the same year for a period of time that exceeds one month.

6)    Guarantee a permanent supply of hot and cold sanitary water, of the energy sources required for use of the property and the correct operation of automatic heating for the length of time that guests occupy it.

7)    Holiday rental properties must have free and unhampered public access, notwithstanding the restrictions provided for in law, and, if appropriate, internal regulations as established and visibly displayed in the entrance to the property. Under no circumstances may access be restricted on the grounds of race, sex, religion, opinion or any other personal or social condition or circumstance.

8)    Visually-impaired guests with guide dogs shall enjoy free access to, and the right to walk around and stay in the property accompanied by the aforesaid dog where health and hygiene conditions are met. Under no circumstances may these rights be ignored or diminished.

9)    Guests shall receive fair treatment.

10)    Guests shall be given a telephone number for assistance and resolution of queries and incidents regarding the use of holiday rental properties. An emergency assistance and maintenance service for the property shall also be available. Both of these services shall be visibly displayed in at least English and Spanish inside the rental property.

11)    Each rental property shall display a notice in at least English and Spanish in a visible spot with the addresses and telephone numbers of emergency and health services.

12)    Holiday rental properties must be identified through the display of a sign on the exterior of the building bearing the letters "VUT" and the property's entry number in the Aragón Tourism Register. Details of the aforesaid sign can be found, as stipulated by the Regional Government of Aragón, in the Annex of Decree no. 80/2015 of 5 May 2015, enacting the Regulation of Holiday Rental Properties in Aragón.

13)    The public administration must be provided with all the information and documentation required in order to exercise its functions, with legally required ledgers and documentation made available.

14)    Guests shall be able to make complaints or request information on the services provided, with complaint forms available, which may be downloaded here. These forms should be submitted on request, responding to any complaints as quickly as possible and, in all cases, within a month of the complaint being made.

 

For tourism purposes, what procedure must I follow in order to rent out my "holiday rental property"?

1)    The holiday rental property statement of compliance, which may be downloaded here, must be duly presented.

2)    This form must be submitted in one of the following manners:

a.    The Provincial Service corresponding to the department responsible for tourism, any administrative body pertaining to the National or Regional Public Administration or to any administration of the Autonomous Communities or to one of the entities that forms the local administration. In this latter case, such entities must be signatories to the corresponding collective agreement.

b.    Post offices, preferably to the following address:

  • Sección de Turismo del Servicio Provincial de Economía y Empleo de Huesca, Calle Ricardo del Arco 6, 22003 Huesca.
  • Servicio Provincial de Economía y Empleo de Teruel, Calle San Francisco 1, 44001 Teruel.
  • Servicio Provincial de Economía y Empleo de Zaragoza, Paseo Fernando el Católico 63-65, 50006 Zaragoza.

c.    Spanish diplomatic agencies or consular offices abroad.

d.    Via internet, by clicking here.

4)    Further information can be found by clicking here.

 

What tourism regulations govern the rental of my property?

1)    Regional Government of Aragón Decree no. 1/2013 of 2 April 2013, approving the consolidated Text of the Aragón Tourism Act, particularly Articles 24, 31, 32, 33, 35, 36 and 40 bis,

2)    Regional Government of Aragón Decree no. 80/2015 of 5 May 2015, enacting the Regulation of Holiday Rental Properties in Aragón Act, particularly Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14,

3)    Decree no. 193/1994 of 20 September 1994, of the Regional Government of Aragón, on the system of pricing, reservations and complementary services in tourist accommodation establishments, particularly Articles 6, 9 and 11.

 

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