Regulations on Holiday Rental Properties in the Autonomous Community of Galicia


 

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

 

The following distinction between two concepts as per Galician regulations must be taken into account:

  1. Holiday accommodation, regulated by Art. 65 of Act 7/2011, of 27 October, on tourism in Galicia and Decree 12/2017, of 26 January, establishing the management of holiday apartments, holiday accommodation and holiday rental properties in the Autonomous Community of Galicia, must meet the following requirements:
  1. Holiday accommodation comprises detached single-family accommodation where holiday lodging services are provided for no more than 10 potential occupants. Capacity shall be determined by the number of beds in the bedrooms and the number of convertible sleeping spaces in the living/dining room and the bedrooms.
  1. Holiday accommodation must comply with regulations on promoting accessibility and eliminating physical barriers applicable to public buildings.
  1. Holiday accommodation must have a structure, services, facilities and furnishings that are suitable for immediate use and for storing, preparing and consuming food.
  1. Holiday accommodation must comprise at least one bedroom, living/dining room, kitchen and bathroom, where the following must be taken into account in any case:
  • The minimum surface area required is six square metres in single rooms and ten square metres in double bedrooms.
  • The minimum height for bedrooms and other general-purpose rooms shall be as established in Decree 29/2010 of 4 March.
  • The bedrooms, living/dining room and kitchen must have direct ventilation to the outside. Bathrooms may have direct or forced ventilation.
  • Bedroom furnishings shall at least comprise single beds (minimum width of 0.90 m) or double beds (minimum width of 1.35 m), a wardrobe (built-in or otherwise) with sufficient hangers, and light sources with a switch by the bed. There must be bed linens to be able to change the bed when necessary. There must be effective window shades.
  • The living/dining room shall be appropriately sized for the property's maximum capacity, calculated as one square meter per possible occupant, where the minimum required is 8 square meters.
  • The kitchen shall be equipped with the utensils necessary to store and process food. There must also be dishes, glassware, cutlery, cookware and kitchen furnishings, in proportion to the maximum capacity of the property, as well as a washer and iron.
  • Bathrooms shall be equipped with a sink, bathtub or shower, mirror, electrical outlet, towel rack, shelf or piece of furniture for toiletries and sufficient bathroom linens to be able to change them when necessary.
  • Daily garbage collection, or where applicable, garbage cans.
  • A minimum room temperature of 19 degrees.
  • Facilities, furnishings, decorative elements, appliances and equipment must be kept in good condition and in a proper state of cleanliness.
  • There must be drinkable water for human consumption, as well as waste water treatment and disposal.
  • Holiday accommodation must include at least two bathrooms or washrooms, each equipped with a shower or bathtub, toilet and sink, when there are more than six possible occupants.
  • There must be a heating system (this service is not required when the period of operations is limited to June, July, August and September).
  • There must be enough linens to allow users to change the complete set of towels in each bathroom and the complete set of sheets for each bed every seven days.

 

  1. Possession of documents accrediting the owner's legal personality.
  1. Possession of a deed or contract proving the free availability of the holiday accommodation (if the owner is a legal person, it must have the deed of incorporation thereof and the relevant powers if same are not inferred from the deed).
  1. Civil liability insurance covering the property users' risk of personal injuries, material damages and economic losses sustained as a result of the development of the rental activities.
  1. Prior notice of the start of activity submitted to the City Council.
  1. Drawings of the finished construction that at least include dimensions and surface areas.

 

  1. Holiday rental properties, regulated by Art. 65.bis of Act 7/2011, of 27 October, on tourism in Galicia and recent Decree 12/2017, of 26 January, must meet the following requirements:
  1. Holiday rental properties are defined as properties that are furnished, equipped and in conditions apt for the immediate use thereof that are repeatedly rented to third parties for short stays in exchange for monetary compensation. In addition to tourism companies, owners and individuals or legal persons representing holiday rental properties may market same.

Short stays are defined as those where the rental period lasts less than 30 consecutive days, where any stays exceeding such duration are excluded from the scope of application; repeated rental is defined as the renting of a property two or more times within one year.

  1. Holiday rental properties must comply with regulations on promoting accessibility and eliminating physical barriers applicable to private buildings.
  1. Holiday rental properties are located on residential land, except when land regulations allow for them to be located on non-residential land.

If properties are on rural land, only buildings that stand on said land legally can be considered holiday rental properties.

  1. Holiday rental properties must be furnished and equipped with the appliances and fixtures necessary for the immediate use thereof. A list of furniture, appliances and accessories may be given to customers upon their arrival, where an inspection can be performed at their departure.
  1. Heating in all rooms, except in June, July, August and September.
  1. A 24-hour telephone number for customer service.
  1. Assistance and maintenance service.
  1. Informational sign on the availability of tourism complaint forms and a copy of the statement of compliance in a prominent location.

 

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 also be taken into account throughout the duration of the tourism activity:

 

  1. Holiday accommodation, regulated by Art. 65 of Act 7/2011, of 27 October, on tourism in Galicia and Decree 12/2017, of 26 January, must meet the following requirements:

 

  1. Prices and reservations are free and must be advertised, respecting in any case the terms of Royal Legislative Decree 1/2007, of 16 November, which approved the consolidated text of the Consumer Protection Act, and Act 2/2012, of 28 March, on Galician Consumer Protection and satisfying the requirements envisaged in Decree 179/2011, of 8 September, which regulates the price and reservation system of tourist accommodation and catering establishments in the Autonomous Community of Galicia, where the following must be taken into account in any case:
  • The prices of the services available must be displayed legibly and in a prominent location, with the VAT clearly included.
  • The services must be invoiced in detail in accordance with the quoted or negotiated prices.
  1. Bookings are made by signing a lease contract signed by the user and reflect at least the name, registration number, accommodation unit identification, number of occupants, arrival and departure dates and price and type of stay booked. The operator must keep the contract available for tourism inspection for one year, where the following must be taken into account:
  • Unless otherwise negotiated, the right of occupancy shall begin at 5:00 p.m. on the first day of the booked period and shall end at 11:00 a.m. on the departure date.
  • Extending the stay shall require a mutual agreement between the owner and the user.
  1. Users must be previously informed, objectively and truthfully, of the current use of the offered services and facilities, the rental conditions, price and method of payment.
  1. The capacity of the property cannot exceed ten occupants (capacity shall be determined by the number of beds in the bedrooms and the number of convertible sleeping spaces in the living/dining room).
  1. The duration of the accommodation is negotiated freely by the parties, where under no circumstances can an uninterrupted stay exceed three months. Such duration shall be indicated in the admission document.
  1. The use and benefit of the entire holiday accommodation must be surrendered, where contracts cannot be formalised for rooms and users who formalise separate contracts cannot coincide in the accommodation.
  1. Cleaning services and linen changes during the user's stay are not included, unless negotiated otherwise. However, the property must have enough linens to allow users to change the complete set of towels in each bathroom and the complete set of sheets for each bed every seven days.
  1. There must be free public access, with there being no discrimination based on birth, race, sex, religion, opinion or other personal or social circumstances.
  1. Internal rules may be enforced, which shall be made available to users in a prominent area of the holiday accommodation, where said rules may:
  • Establish regulations with which users must comply during their stay and determine the admission criteria, cohabitation and operating rules, as well as anything that allows and promotes normal enjoyment of the facilities, amenities and services.
  • There must be no discrimination based on birth, race, sex, religion, opinion or other personal or social circumstances.
  1. The standardised sign showing the establishment's group and category labels must be displayed in the main entrance and in a prominent location. The forms, dimensions and colours are stated in Annex I of Decree 12/2017.
  1. In order to use the property, users must show an identification document and the operator must fill in the arrival report as per current regulations on log books and traveller entry reports at accommodation establishments, which can be found here.
  • The operator must have and keep a tourism inspection log book, in accordance with the form established in Annex I of Decree 148/2013, of 12 September, which regulates the tourism inspection log book and tourism complaint forms that are available here.
  1. Users must have access to the official tourism complaint form according to the form established in Annex II of Decree 148/2013, of 12 September, which regulates the tourism inspection log book and tourism complaint forms, which are available here. The existence of said complaint forms must be visibly and permanently posted at each holiday accommodation with a poster reading “Official complaint forms are available upon request.” in font measuring at least 1 cm tall in Galician, Spanish, French and English. Said complaint forms must be delivered upon a user's request.
  2. Users' claims and complaints are to receive a response within a month of the receipt thereof, with the Regional Government of Galicia receiving notice of such response.
  3. Services are to be rendered as per the conditions offered.
  4. The proper general functioning of the premises and the maintenance of the facilities and services is to be ensured, guaranteeing users proper treatment and access to and accommodation of the facilities for handicapped persons.
  5. A civil liability insurance policy must be contracted and maintained.

 

  1. Holiday rental properties, regulated by Art. 65.bis of Act 2/2011, of 27 October, on tourism in Galicia and Decree 12/2017, of 26 January, regulating holiday apartments, holiday accommodation and holiday rental properties in the Autonomous Community of Galicia, must meet the following requirements:

 

  1. Prices and reservations are free and must be advertised, respecting in any case the terms of Royal Legislative Decree 1/2007, of 16 November, which approved the consolidated text of the Consumer Protection Act, and Act 2/2012, of 28 March, on Galician Consumer Protection and satisfying the requirements envisaged in Decree 179/2011, of 8 September, which regulates the price and reservation system of tourist accommodation and catering establishments in the Autonomous Community of Galicia, where the following must be taken into account in any case:
  • The prices of the services available must be displayed legibly and in a prominent location, with the VAT clearly included.
  • The services must be invoiced in detail in accordance with the quoted or negotiated prices.
  1. The services must be invoiced in detail in accordance with the quoted or negotiated prices.
  1. The duration of accommodation must be less than thirty consecutive days.
  1. Services that cannot be provided in the negotiated conditions cannot be booked.
  1. Users must be informed previously, objectively and truthfully, of the current use of the offered services and facilities, the rental conditions, price and method of payment.
  1. There must be free public access, with there being no discrimination against users based on race, origin, sex, sexual orientation, religion, opinion, disability, or any other personal or social circumstances.
  1. The operator must have and keep a tourism inspection log book, in accordance with the form established in Annex I of Decree 148/2013, of 12 September, which regulates the tourism inspection log book and tourism complaint forms that are available here.
  1. Users must have access to the official tourism complaint form according to the form established in Annex II of Decree 148/2013, of 12 September, which regulates the tourism inspection log book and tourism complaint forms, which are available here. The existence of said complaint forms must be visibly and permanently posted at each holiday accommodation with a poster reading “Official complaint forms are available upon request.” in font measuring at least 1 cm tall in Galician, Spanish, French and English. Said complaint forms must be delivered upon a user's request.
  1. Users' claims and complaints are to receive a response within a month of the receipt thereof, with the Regional Government of Galicia receiving notice of such response.
  1. Services are to be rendered as per the conditions offered.
  1. The proper general functioning of the premises and the maintenance of the facilities and services is to be ensured, guaranteeing users proper treatment and access to and accommodation of the facilities for handicapped persons.
  2. A civil liability insurance policy must be contracted and maintained.
  3. Internal rules may be enforced, which shall be made available to users in a prominent area of the holiday accommodation, where said rules may:
  • Establish regulations with which users must comply during their stay and determine the admission criteria, cohabitation and operating rules, as well as anything that allows and promotes normal enjoyment of the facilities, amenities and services.
  • There must be no discrimination based on birth, race, sex, religion, opinion or other personal or social circumstances.

 

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

  1. To begin renting holiday rental properties, regulated by Art. 65 of Act 2/2011, of 27 October, on tourism in Galicia and Decree 12/2017, of 26 January, regulating the management of holiday apartments, holiday accommodation and holiday rental properties in the Autonomous Community of Galicia, you must submit the holiday accommodation statement of compliance, which can be accessed here, upon payment of the relevant fees.
    1. The statement of compliance must be submitted with the following:
  • Report verifying compliance with the requirements in terms of minimum services, infrastructures and surface areas, as well as dimensional drawings at the minimum scale of 1:100 of the distribution of floors and sections.
  • Proof of payment of the corresponding fees.
  1. Statements of compliance shall preferably be submitted electronically using the standardised form available at the Galician Regional Government website, https://sede.xunta.gal.

To submit the applications, you may use any of the identification and signature mechanisms allowed by said website, including the user name and password system Chave365.

Individuals who are not obligated to submit the document electronically, may opt to submit the applications in person at any of the places and registries established in governing regulations on common administrative procedures, using the standardised form.

  • Tourism Service Registries of the province to which the holiday accommodation pertains, any administrative body belonging to the Central State Administration, to any administration of the Autonomous Communities or to any of the entities that form part of the local administration if, in the last case, the relevant agreement has been signed.
  • Post offices, preferably to the following address:
  • Tourism Services of the Regional Authority of A Coruña of the Presidency of the Galician Regional Government, Plaza Luis Seoane, s/n, 15008, A Coruña.
  • Tourism Services of the Regional Authority of Lugo of the Presidency of the Galician Regional Government, Ronda da Muralla, No. 70, 27071, Lugo.
  • Tourism Services of the Regional Authority of Ourense of the Presidency of the Galician Regional Government, calle Curros Enríquez, No. 1, planta 4ª, 32003, Ourense.
  • Tourism Services of the Regional Authority of Pontevedra of the Presidency of the Galician Regional Government, calle Fernández Ladreda, No. 43, planta 6ª, 36003, Vigo.
  • Tourism Services of the Regional Authority of Pontevedra of the Presidency of the Galician Regional Government, Plaza da Estrela No. 9, planta 4ª, 36201, Vigo.
  1. Tourism companies that project the opening, construction and modification of holiday accommodation, before beginning any type of action before the relevant city council, may request a report on compliance with the minimum infrastructure and service requirements from the Tourism Agency of Galicia, using the standardised form that appears in Annex II of Decree 12/2017.

The report shall be issued within a maximum period of 2 months and shall be valid for 1 year provided that the relevant tourism regulations remain in force.

  1. Once the supervisor's declaration is submitted, the Provincial Area of the Tourism Agency of Galicia where the establishment is located shall enter same ex-oficio with the Register of Tourist Companies and Activities (REAT) of the Autonomous Community of Galicia and shall issue a document verifying the entry, unless essential documents or data have been omitted or it is evident that the necessary requirements are not met.

The interested party shall receive notice of the entry within a maximum of 15 days.

 

  1. To begin renting holiday rental properties, regulated by Art. 65.bis of Act 2/2011, of 27 October, on tourism in Galicia and Decree 12/2017, of 26 January, regulating holiday apartments, holiday accommodation and holiday rental properties in the Autonomous Community of Galicia, you must submit the statement of compliance for starting an activity to the Provincial Department of the Tourism Agency of Galicia to which the establishment pertains, using the standardised form envisaged in Annex V, signed by the owner or individual or legal person representing the same, upon payment of the corresponding fees.

The statement of compliance shall include:

 

  1. Data on the property and the maximum capacity thereof.
  2. Data on the owner.
  3. Telephone number for attending to user incidents.
  4. Data of the person or company marketing the property if not the owner.
  5. Possession of the following documentation:
  • Possession of a document accrediting the applicant's legal personality.
  • Deed or contract proving the free availability by the owner of the property.
  • Sufficient legal basis for the marketing party's marketing of the property.
  • First occupancy license, habitability certificate or construction completion certificate issued by the relevant technician verifying that the construction was executed pursuant to the municipal licence, or a municipal certificate verifying that the building meets the technical and urban development conditions to be used as a residence, or a report from the relevant municipal or autonomous community body verifying that no restoration measures were adopted based on urban development or environmental legality.
  • Civil liability insurance.

The property's classification as a holiday rental property prevents the owner from claiming the same as a domicile for the purposes of preventing the relevant authorities from performing inspections.

A property cannot be used as a holiday rental property if such use is prohibited by land use regulation in the sector to which the property pertains or if such use is prohibited by the statutes of the owners' community, duly registered with the Property Registry, in buildings subject to the horizontal property regime.

If the statement of compliance has any material defect or if the required documentation is not submitted, the interested party shall be required to rectify such situation within 10 days.

Once the supervisor's declaration is submitted, the Provincial Area of the Tourism Agency of Galicia where the establishment is located shall enter the same ex-oficio with the Register of Tourist Companies and Activities (REAT) of the Autonomous Community of Galicia and shall issue a document verifying the entry, unless essential documents or data have been omitted or it is evident that the necessary requirements are not met.

The interested party shall receive notice of the entry within a maximum of 15 days.

 

What tourism regulations govern the rental of my property?

  1. Act 7/2011, of 27 October on tourism in Galicia: specifically Articles 35, 52, 65 and 65.bis thereof.
  2. Decree 148/2013, of 12 September, which regulates the tourism inspection log book and tourism complaint forms: specifically Articles 2, 3, 4, 5, 6, 7, 8 and 9 thereof.
  3. Order of 30 May 2011 amending the Order of 10 May 2010, which approved and publicised the official statement of compliance and prior notice forms regarding tourism service activities: specifically the Annex IV thereof.
  4. Decree 29/2010, of 4 March, approving the housing standards for properties in Galicia.
  5. Decree 12/2017, of 26 January, regulating holiday apartments, holiday accommodation and holiday rental properties in the Autonomous Community of Galicia. In force as of 10 May 2017.

 

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