Regulations on Holiday Rental Properties in the Autonomous Community of Madrid


 

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

  1. It must consist of flats, apartments or houses that must at least comprise the following rooms:
    1. Living/dining room.
    2. Kitchen.
    3. Bedroom.
    4. Bathroom.

Keep in mind that holiday rental properties can be called studio apartments when the kitchen/living/dining area is in the same space as the bedroom and there is a maximum of two spots in convertible beds.

  1. It must meet the relevant applicable sectorial rules, especially regulations on security, urban planning, accessibility, health and the environment.
  2. It must be furnished and equipped and in conditions for the immediate use thereof.
  1. It must have a habitability certificate or the first occupancy license, as appropriate.
  1. There must be a floor plan of the dwelling, signed by the relevant technician and approved by the pertinent professional association, and a document verifying the availability of the 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 prices of all services offered shall be displayed in a visible location at the entrance of every holiday rental property, where the following must be taken into account:
  1. In any case, the price for the accommodation includes:
  • Water and energy and air conditioning.
  • Use of bedding and bathroom linens.
  • Room cleaning.
  1. Stays shall be calculated by days, weeks or months for the purposes of pricing.
  2. Offered service prices must be given maximum publicity.
  3. Prices must be invoiced in accordance with the established prices.
  1. In terms of booking, holiday rental properties must take the following into account:
  1. It could not be rented for a period less than five days until recent rulings, such as those dated 31 May and 02 June 2016, handed down by Section 8 of the Administrative Litigation Chamber of the Superior Court of Justice of Madrid, declaring the first sub-paragraph of Art. 17.3 of Decree 79/2014 null and void.
  2. It may not be rented per room, nor by any other manner that entails dividing or sharing the property.
  3. Goods and services must be provided with the utmost quality under the terms contracted by the user.
  1. The service provision conditions and the price of the service must be posted or given to users in advance.
  1. All manner of advertising (which must be helpful, precise, truthful and cannot mislead or confuse, or hinder recognition of the actual nature of the provided service) must state the registration number of the entry at the Register of Tourist Companies (keep in mind that tourism inspectors consider advertising to be misleading or confusing when the same does not specify the terms "holiday rental property" and instead uses words such as "flat", "apartment" or "house").
  1. It must be marketed and promoted via tourist attraction channels.
  1. The provision of accommodation services must be exercised under the rule of unity of exploitation defined in Article 3 of Decree 79/2014, of 10 July, of the Governing Council, which regulates tourism apartments and holiday rental properties rented in the Community of Madrid, for a price, in a professional manner and during a minimum of three consecutive months per calendar year.
  1. It cannot be used as a permanent residence, or for any other purpose other than tourism. Neither can the properties be claimed as a domicile to prevent the relevant inspections from being performed.
  1. Facilities must be used for rendering the accommodation service, guaranteeing in any case human health and the safety of people and property.
  1. Holiday rental properties are classified in a single category.
  1. The person declaring the use of a property for tourism must have a national ID (DNI) or passport, fiscal identification number (NIF) or residence permit (NIE), and in the case of a legal person, the deed of incorporation of the company.
  1. At each holiday rental property a permanent customer service telephone number must be given for any queries users may have, and there must be a connection to telematic means (wireless access to WiFi Internet).
  1. It must be publicly accessible, with the use thereof not being restricted based on birth, race, sex, religion, opinion or other personal or social circumstances.
  1. Ensure that users are treated correctly.
  1. The identification label shall be displayed in the entrance of each holiday rental property, in a visible location, according to the form established in Annex IV to Decree 79/2014, of 10 July, by the Governing Council, which regulates tourism apartments and holiday rental properties in the Community of Madrid.
  1. Provide users, at their request, with the documentation necessary for filing complaints, which can be downloaded here (furthermore, the sign advertising the availability of complaint sheets can be downloaded here and additional information can be found here).
  1. Provide the Administration with the information and documentation necessary to properly perform the duties entrusted thereto.
  1. Users must be informed of the identifying data of the party rendering the service, where the data thereof are indicated in a clear and unambiguous manner.

 

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 can be downloaded here.
  2. This form must be submitted in one of the following manners:
    1. Registry Offices of the Community of Madrid, 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.
    2. Post offices, preferably addressed to the General Registry of Madrid, Gran Vía No. 3, 28013, Madrid.
    3. Spanish diplomatic agencies or consular offices abroad.
    4. Through the Community of Madrid Citizen's Portal by clicking here.
  3. Further information can be found by clicking here.

 

What tourism regulations govern the rental of my property?

  1. Act 1/1999, of 12 March, on Tourism Management in the Community of Madrid, specifically Articles 10, 11, 12, 14 and 15 thereof.
  2. Decree 79/2014, of 10 July, of the Governing Council, which regulates tourism apartments and holiday rental properties in the Community of Madrid, specifically Articles 1, 2, 3, 4, 5, 6, 17, 18, 19 and 20 thereof.

 

Exclusion of liability

HomeAway Spain, S.L. is neither liable for the authenticity, accuracy, adequacy, suitability, thoroughness or relevance of the information provided through this web page nor the interpretation thereof by the Administration or judicial bodies. The contents of this page are of a general nature and are for informational purposes only, intended to help users comply with the regulations applicable to holiday tourism activity, where said contents do not constitute, under any circumstances, the provision of legal advice services of any nature, such that said information is not sufficient for users to make personal or business decisions. Therefore, users of this web page are recommended to contact the relevant bodies and/or professionals to answer as many questions and queries as they may have regarding holiday tourism activity prior to beginning such activity.

HomeAway Spain, S.L. is not responsible under any circumstances for decisions made based on the information provided on the web page or for damages sustained by users or third parties due to actions taken based on the information obtained on this web page.

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