Regulations on Holiday Rental Properties in the Autonomous Community of Castilla León


 

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

Holiday rental properties must meet the following requirements:

  1. Properties must be flats, bungalows, houses, chalets or similar buildings, furnished and equipped, ready for immediate use, marketed and/or advertised through tourism channels which are regularly rented out in their entirety on a temporary basis to third parties, for the purposes of tourist accommodation in exchange for financial compensation.
  • "Regularly" is deemed to be where the property is rented out once or more within a year for a period of time which exceeds one month in total.
  • The maximum length of stay for one guest is two consecutive months.
  1. No transfer for stays is allowed.
  2. Groups or blocks of two or more holiday rental properties that are exploited by the owner shall be governed by Decree no. 17/2015 of 26 February 2015, regulating accommodation in tourist apartments.
  3. Properties shall hold the first occupancy licence, habitability certificate or corresponding municipal authorisation and comply with all technical and quality requirements.
  4. Properties have at least one bedroom, lounge-diner, kitchen and bathroom and toilet, except in the case of studio-type apartments, where the bedroom, lounge-diner and kitchen occupy a common space.
  5. Maximum occupancy shall be determined by the number of beds in the bedrooms, including bunk beds, sofa and wardrobe beds in the lounge-diner and any other extra beds.

Double beds are calculated as two places. Cots do not constitute beds.

  1. Bedrooms must have direct ventilation to the outside or to an uncovered patio and feature a light reduction system which cuts out exterior light and can be adjusted by the traveller. Bedrooms should at least have:
  • A single bed measuring at least 80 cm x 190 cm and a double bed measuring at least 135 cm x 190 cm
  • A bedside table
  • A wardrobe, either built-in or free standing, with a sufficient number of clothes hangers
  • A change of bedclothes
  • Bedrooms should measure at least 7 m2 in the case of single rooms and 10 m2 in the case of double rooms, with an extra 4 m2 for each additional space, excluding en-suite bathrooms and terraces.
  1. Bathrooms should include a bath or shower, a washbasin, a toilet, a light, a mirror, a toilet paper holder and soap.
  • Baths and showers should have a non-slip surface or mat.
  • Bathrooms should feature direct or forced ventilation which ensures adequate circulation of air.
  1. Lounge-diners should be appropriately furnished, including at least a dining table, chairs and chairs, sofas or armchairs.

They should be well lit and ventilated and feature a light reduction system which cuts out exterior light and can be adjusted by the traveller.

  1. The kitchen should include a fridge, conventional cooker, microwave oven, extractor fan, washing machine, sink, cupboards, garbage can and kitchen utensils appropriate to the size of the property, as well as instructions for the electrical appliances.

Kitchens should always have direct ventilation.

  1. The common services that all holiday rental properties must ensure are as follows:
  • A permanent supply of hot and cold water that is fit for human consumption
  • Appropriate and sufficient water supply
  • Heating
  • Sufficient fuel to ensure the operation of services, if appropriate
  • First-aid kit
  • Cleaning material and a change of bed linens and towels when the property is occupied by new guests
  • Upkeep and repair, where required, of facilities and equipment
  • Cots, where requested by the guest
  • Prior to commencing their business activity, property management companies must present a statement of compliance for each holiday rental property.

 

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. The company shall have in place a notice board, displaying information to tourists including: registration number, maximum occupancy, service price list, accepted methods of payment, complaints forms, commencement and termination of service, existence of an internal regulation system, 24-hour telephone number and email address and other information.
  2. The business activity shall be governed by a liberalised price regime. Prices higher than those advertised may not be charged. In the event of any discrepancy, the lower price shall be charged.
  3. Where there is not express agreement to the contrary, payment must be made in the establishment in question on presentation of the invoice.
  4. In addition to the common services outlined in Article 12 of Decree no. 3/2017 of 16 February 2017, the price of the accommodation shall include (if provided):
  • Garbage collection
  • Assistance with the accepted services
  • Use of swimming pools, gardens and children's playgrounds associated with the property
  1. Reservations must be confirmed or rejected via any system or means that allow a record of the communication and must havethe content stipulated in Article 20 of Decree 3/2017 of 16 February 2017.
  2. The company must notify the guest of the conditions established in the reservation cancellation policy, clearly outlining the stipulated penalties, which may not be applied in the case of force majeure.
  3. It is also obliged to return in full any sum charged as a deposit when making the reservation to the customer or travel agency, where the stay has been cancelled for reasons beyond the customer's control.
  4. Unless there is an agreement to the contrary, the holiday rental service shall commence at 2 pm on the first contracted day and conclude at 12 midday on the final day.

If the guest does not leave the property by the aforesaid time, they will be understood to have extended their stay by a further day, as long as the accommodation is available, and must therefore pay the price as advertised by the company.

  1. If the guest leaves the rental property before the agreed date, the company may charge up to 50% of the total price of the unused services, unless there is an agreement to the contrary.

This does not cover cases of duly accredited force majeure.

  1. An urgent assistance and maintenance service for the property should be guaranteed, with its existence visibly displayed on the notice board in at least English and Spanish.
  2. The company is obligated as follows:
  • Offer clear and accurate information to guests regarding the prices and characteristics of the amenities and services
  • Provide accurate information on the holiday rental company
  • Provide the Tourism Registry entry number, identify the property, specify its address and state its occupancy
  • Inform guests of their rights and obligations and the existence of an internal regulation system, if applicable
  • Ensure appropriate hygiene conditions
  • Ensure the good functioning of the property's installations and services, undertaking all maintenance, upkeep and renovation work as required
  • On occupying the property, provide the guest with the Information Sheet containing the details set forth in Article 28 of Decree no. 3/2017 of 16 February 2017. The model for this sheet can be found here.

These sheets shall be valid for administrative purposes and should be kept on file for six months for presentation on request by the relevant authority.

 

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

  1. In order to commence rental of tourist properties, the statement of compliance should be submitted, a model of which may be found here.

In the aforesaid statement of compliance, the company shall declare that the establishment complies with the requirements outlined in Decree no. 3/2017 of 16 February 2017, and that it holds the corresponding documents that accredit this, which shall be maintained for the duration of the business activity.

  1. When the statement of compliance has been presented, the competent authority shall register the establishment as a holiday rental property with the Castilla - León Tourism Registry, ensuring that the official complaint forms are made available to the company.
  2. The competent authority shall ensure compliance with requirements after presentation of the aforesaid statement, notwithstanding any subsequent inspections.
  3. Within one month, the relevant authority shall be notified of any alterations to the pertinent details, changes in the ownership of the property or cessation of activity.

 

What tourism regulations govern the rental of my property?

  1. The Castilla y León Tourism Act 14/2010 of 9 December 2010, particularly Articles 29 et seq.
  2. Decree no. 3/2017 of 16 February 2017, regulating holiday rental properties in the Castilla - León region.
  3. Decree no. 17/2015, of 26 February 2015, regulating tourist apartments in the Castilla - León region.

 

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