Regulations on Holiday Rental Properties in the Principality of Asturias


 

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

1)    After the effective date of Decree 48/2016, the following distinction is stipulated:

a.    "Holiday accommodation" refers to those properties that solely, regularly and professionally provide paid accommodation services and are not included in the modalities regulated by Articles 32, 35, 37 and 41 of Act 7/2001. "Regularly" is understood to be when the accommodation is advertised via any tourist attraction channel or the service is rendered at least once per year.

b.    "Holiday rental properties" are independent dwellings located in a multi-storey building subject to a horizontal property regime that are temporarily rented by the owner thereof or a licensed individual, directly or indirectly, to third parties where such dwellings meet the requirements established in said decree and are solely used to render paid accommodation services, on a regular basis. Such dwellings will be booked in their entirety or by rooms, where the owner of the dwelling does not need to live therein. They will be furnished and equipped in conditions apt for the immediate use thereof, and shall be marketed or promoted via tourist attraction channels.

2)    "Holiday accommodation" must meet the following requirements:

a.    Have the following minimum facilities and equipments:

  • Twenty-four hour hot and cold drinkable water supply, and guaranteed electric power, with light sources and outlets in all rooms and areas of common use.
  • Effective waste water disposal system.
  • Public rubbish collection service - or private rubbish collection service with City Council approval - (if rubbish is not collected daily, it must never be placed in a visible location).
  • Heating.
  • First-aid kit.
  • Duly marked access (the path to the immediate surroundings of the dwelling must be viably accessible for all type of cars).

b.    With regard to the rooms:

  • Bedrooms:

1. The following technical requirements must be met:

  • Double rooms must have a minimum surface area of 10 square meters.
  • Single rooms must have a minimum surface area of 6 square meters.
  • In any case, they must have natural lighting and direct ventilation to the outdoors or to uncovered courtyards.
  • Windows must have shutters, blinds, curtains or any other effective shading system that allows users to keep light out.

2.  Bedrooms must at least have the following furniture:

  • Double beds must have a minimum width of 135 cm.
  • Single beds must have a minimum width of 80 cm.
  • In any case, beds must at least include the following elements, which must be of an acceptable quality:
  • Bed frame.
  •  Mattress.
  • Pillow.
  • Bedding.
  • Night stands.
  • One chair or armchair per potential user.
  • Wardrobe, built-in or otherwise, with sufficient hangers.
  • Light sources with a switch by the bed.


Users must have enough linens to be able to change the same when necessary.

  • Bathrooms and sanitary facilities:

1. The following technical requirements must be met:

  • At least one bathroom when the capacity of the property does not exceed 6 occupants.
  • At least two bathrooms when the capacity of the property exceeds 6 occupants.
  • In any case, bathrooms must have sufficient ventilation, whether it is direct or induced.

2. Bathrooms must at least have the following furniture and equipment:

  • Sink.
  • Bathtub, or at least a shower.
  • Toilet.
  • Mirror.
  • Towel rack.
  • Shelf for toiletries.
  • Outlet in an appropriate place to be able to be used by users.

Bathrooms must have sufficient linens to be able to change the same when necessary.

  • Living room:
  • Living rooms must be adequate for the property's maximum capacity, calculated as 1 square meter per potential occupant, where under no circumstances can living rooms be smaller than 8 square meters.
  • Living rooms must be duly equipped and have furniture that is in good state of use and conditions.
  • Kitchen:
  •  In any case, kitchens must have direct ventilation.
  • Kitchens must at least have the following furniture and equipment:
  • Sink.
  • Two-burner cooker.
  • Oven.
  • Refrigerator.
  •  Washing machine.
  • Iron.
  • Pantry (may be replaced with sufficient cupboards or shelves for provisions and utensils).
  • Sufficient dishes, glassware, cutlery, kitchenware and kitchen furnishings, for the maximum capacity of the property.
  • The maximum capacity for holiday accommodation is fourteen occupants, where said occupants can stay in a maximum of seven rooms.
  • Regulations regarding access to the properties by handicapped people must be met and these facilities must be maintained in acceptable conditions.
  • Displaying a standardised label including the symbol assigned by the tourism administration by the main entrance is obligatory pursuant to the terms of Annex I of Decree 48/2016.

3)    "Holiday rental properties" must meet the following requirements:

a.    Have a habitability certificate and meet, at all times, the technical and quality conditions required of holiday rental properties.

b.    Be sufficiently furnished and equipped with the electrical appliances and fixtures necessary for the immediate occupancy thereof, with enough of all the furniture, cutlery, kitchenware, linens and furnishings for the maximum number of potential occupants and in perfect state of repair, cleanliness and hygiene.

c.    Permanent and sufficient supply of hot and cold drinkable water, electric power and heating, as well as an extinguisher and emergency lighting.

d.     Rooms with direct ventilation to the outdoors or uncovered courtyards and a window shading system.

e.    Number of bathrooms proportional to the number of occupants. When the capacity does not exceed 6 occupants, there may be one bathroom. There must be at least two bathrooms when there is space for more than 6 occupants.

f.    The minimum dimensions, furnishings and useful square meters must be in accordance with the regulations on habitability and property safety. Accommodating a number of occupants that exceeds the capacity is prohibited, where such capacity is calculated using the number of bedrooms and occupancy that appear in the statement of compliance.

g.    Identification as a holiday rental property through the exterior placement of a pictogram with the letters "VUT" (the Spanish acronym for "holiday rental property"), the characteristics of which are stated in Annex II of Decree 48/2016, and the symbol number corresponding to the registration in the Register of Tourist Companies and Activities (REAT).

 

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, which must be satisfied at all times throughout the duration of the tourism activity, the following aspects must also be taken into account:

  1. The price of the accommodation must be established by week, weekend and long weekend, where the following must be taken into account:
  1. This information must be given maximum publicity and shall be displayed in a prominent location where it can easily be found and read (in any event it must be displayed at the property entrance). Such information shall state whether prices include VAT.
  2. The accommodation price shall include the following:
  • Water supply.
  • Electric power.
  • Fuel necessary for powering the heating, hot water and kitchen.
  1. Users must be informed previously of the use of the available services, the conditions of their provision and the price thereof.
  1. All users, prior to their admittance, shall receive a document or card, as a contract, that they shall sign. A copy of which must be kept at the establishment and made available to the Administration for one year. Said document shall reflect the following data:
  1. Name and modality of the holiday accommodation.
  2. Name of the operating company.
  3. Symbol assigned by the Tourism Administration.
  4. Full and final price of the accommodation.
  5. Booked room(s) and number of occupants.
  6. Length of stay booked.
  7. Arrival and departure dates.
  1. The stay shall begin at 5:00 p.m. on the first day of the booked period and shall end at 12:00 p.m. on the departure date, unless otherwise negotiated. Clients who fail to leave the accommodation at said time shall be understood to extend their stay by one day, said extension being continent on an agreement between the parties and the availability of the same or similar space.
  1. Stays at holiday accommodations include, in any case, the peaceful use and enjoyment of the accommodation.
  1. The reservation, cancellation and security deposit system must comply with the terms of Article 18 and 19 of Decree 48/2016, of 10 August.
  1. The accommodation price must be paid at the property when the corresponding invoice is delivered, unless the parties agree to pay at another time and place.
  1. Invoices that are issued by operators, the duplicates of which must be kept for one year for confirmation by the tourism administration, must reflect the following data:
  1. Property name and modality.
  2. Establishment category.
  3. Name of the operating company.
  4. Username.
  5. Tourism symbol number.
  6. Accommodation number or ID.
  7. Number of occupants booked.
  8. Arrival and departure dates.
  9. Issue date.
  1. The properties are publicly accessible, without prejudice to the restrictions derived from the law, and where appropriate, internal rules that are established and visibly posted in the establishment entrances.
  1. Facilities, furnishings, decorative elements, appliances and equipment shall be kept, at all times, in acceptable conditions and maintained in proper working condition and in a proper state of cleanliness. However, the property shall be given a thorough general cleaning and bed and bathroom linens must be changed whenever new occupants arrive.
  1. Users must be treated appropriately.
  1. A list of available kitchen supplies, furnishings, kitchenware and accessories may be publicly displayed, submitted to clients upon their arrival and verified in their presence. Client consent is understood to be given if there is no objection when signing said list. Clients may be required to leave a security deposit to cover any losses or damages, the amount of which may not exceed 25% of the total agreed price.
  1. There must be a first aid kit.
  1. There shall be at least one extinguisher on every storey, installed in a visible and easily-accessed place.
  1. There shall be a telephone available for clients' use to immediately receive assistance and resolve queries and incidents regarding the activity of the holiday rental property. The owner of the establishment, or the individual responsible, must be reachable 24 hours a day.
  1. There must be a civil liability insurance policy that covers any damages sustained by users, with a minimum coverage amount of €150,250.00 (where appropriate, the deductible may not exceed €602.00).
  1. Have complaint forms available to users (which the Autonomous Community Tourist Administration shall give to the operator once the holiday accommodation has received the relevant authorisation).

 

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

 

  1. You must submit the statement of compliance form, which is available here.
  1. The following must be adjoined to this form:
  1. Verification of the physical person or the legal personality of the operating company.
  2. Title verifying the availability of the holiday accommodation.
  3. If there is a manger, sufficient title or authorisation to manage the property of the owner.
  4. If prohibited by the statutes of the owners' community, express written authorisation from same to exercise the activity.
  5. Verification of compliance with the municipal regulations of the municipality to which the property pertains.
  6. Approved technical project, or plans of internal layout of the storey, at a scale of 1:100, which must indicate the use and surface area of each room.
  7. Habitability certificate.
  8. Copy of the contracted civil liability insurance policy and a supporting proof of payment.
  1. This form must be submitted in one of the following manners:
  1. Tourism Service Registries, any administrative body belonging to the Central State Administration, any administration of the Autonomous Communities or any of the entities that form part of the local administration if, in the last case, the relevant agreement has been signed.
  2. Post offices, preferably to the General Registry of Administration of the Principality of Asturias (Registro General de la Administración del Principado de Asturias), at calle Coronel Aranda No. 2, planta plaza (Edificio Administrativo de Servicios Múltiples), 33005, Oviedo.
  3. Spanish diplomatic agencies or consular offices abroad.
  4. Via the Internet, if there is a digital certificate, by clicking here.
  1. Further information can be found by clicking here.

 

What tourism regulations govern the rental of my property?

 

  1. Act 7/2001, of 22 June, on tourism in Asturias, specifically Articles 23, 24, 25, 27, 28, 29 and 42 thereof.
  1. Decree 48/2016, of 10 August, on holiday accommodation and holiday rental properties, specifically Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32.

 

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