Regulations on Holiday Rental Properties in the Autonomous Community of Madrid


What tourism regulations govern the rental of my property?

 

  1. Law 1/1999 of 12 March, regulating Tourism in the Community of Madrid
  1. Governing Council Decree 79/2014 of 10 July as amended by Governing Council Decree 29/2019 of 9 April regulating holiday rental properties in the Community of Madrid

 

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

 

  1. They must consist of flats, studios, apartments or houses that must comprise at least the following rooms:
    • Living/dining room.
    • Kitchen.
    • Bedroom.
    • 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 vacancies.

  1. Holiday rental properties must comply with the following maximum accommodation capacities:
    • For properties with floor space of less than 25m2, up to two people in at least one habitable space.
    • For properties with floor space between 25m2 and 40m2, up to four people in at least two habitable spaces.
    • For every additional 10m2 of floor space in at least one more independent habitable space, two more people will be allowed.
  2. It must meet the relevant applicable sectorial rules, specifically regulations on security, urban planning, accessibility, health, environment and horizontal property.

 

  1. It must be furnished and equipped in condition for immediate use.

 

  1. It must have a Certificate of Fitness for Holiday Lease Use (hereinafter CIVUT) certifying that the property has:
  • Heating and supply of hot and cold water.
  • At least one means of direct ventilation to the outside or to an uncovered yard.
  • A manual fire extinguisher located inside the property at a distance of no more than 15 meters from the exit door.
  • Basic emergency signage indicating the exit door of the property.
  • An evacuation plan from the building and from the property in a visible place.

 

  1. It must comply with municipal urban planning regulations.

 

Municipal urban planning regulations may establish different requirements for engaging in holiday rental activities.

 

Municipal urban planning regulations for holiday rental properties vary considerably from one municipality to the next. In some cases, this activity is considered compatible with residential use, and there is no need to comply with additional urban planning requirements beyond those necessary for ordinary residential properties. In others, however, urban planning regulations require that additional requirements be met. They may even require you to obtain a municipal activity license in order to carry out this activity.

 

 

This is the case for properties located within the Municipality of Madrid, where owners of holiday rental properties must obtain an activity license to engage in this activity.

 

In this regard, you should keep in mind that under the Municipality of Madrid’s urban planning regulations, in order for you to be allowed to engage in rental activity in a significant portion of the territory within this Municipality, the property must have separate access to the street.

 

Specifically, the Special Plan regulating the use of tertiary services in accommodations class, approved on 27 March 2019 (BOCM No. 95) divides the central area of the Municipality of Madrid into three rings.

 

  • Ring 1: Central District (Palacio, Embajadores, Cortes, Justicia, Universidad and Sol).
  • Ring 2: Chamberí Districts (Arapiles, Trafalgar, Almagro, Ríos Rosas and Vallehermoso), Chamartín (El Viso), Salamanca (Recoletos, Goya, Lista and Castellana), Retiro (Pacífico, Ibiza, Jerónimos and Niño Jesús), Arganzuela (Imperial, Acacias, Chopera, Delicias, Palos de Moguer and Atocha) and Moncloa-Aravaca (Arguelles).
  • Ring 3: Tetuán Districts (Bellas Vistas, Cuatro Caminos, Castillejos, Almenara, Valdeacederas and Berruguete), Chamartín (Prosperidad, Ciudad Jardín, Hispanoamérica, Nueva España and Castilla), Salamanca (Guindalera and Fuente del Berro), Retiro (Estrella and Adelfas), Arganzuela (Legazpi), Usera (Almendrales and Moscardó), Carabanchel (Comillas, Opañel and San Isidro), Latina (Los Cármenes and Puerta del Ángel) and Moncloa-Aravaca (Parte de Casa de Campo and Ciudad Universitaria).

 

When the property is located within Rings 1 and 2 in a building that is not used completely for accommodations, the Special Plan requires that holiday rental properties have separate access. In these rings, therefore, activity licenses would only be granted to those holiday rental properties that have separate street access.

 

For properties within Ring 3, separate access will only be required in situations where the building does not allow other types of tertiary use based on a supplementary property regime. Given this, when determining whether holiday property rental can be authorized for a specific property located within Ring 3, you must consider the urban planning parameters of the building in question.

 

If the entire building is used for accommodation, depending on the area within the Municipality of Madrid where the building is located and its level of protection, it may be necessary to obtain authorization for accommodation use through a special urban planning control plan for use or protection.

 

Moreover, you must take into account that the property may be subject to additional urban planning restrictions based on its applicable level of use, protection, tertiary axes or planning areas.

 

You can check all of the requirements provided under the municipal urban planning regulations for engaging in holiday property rental activity at the following links: https://www.bocm.es/boletin/CM_Orden_BOCM/2019/04/23/BOCM-20190423-38.PDF y https://transparencia.madrid.es/UnidadesDescentralizadas/UDCUrbanismo/PGOUM/ficheros/Compendio2017NNUUPGOUM.pdf.

 

Both in the Municipality of Madrid and in the other municipalities of the Community of Madrid, it is recommended that you consult with the urban planning authorities to ensure that all applicable urban planning requirements are being met.

 

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

 

  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:
  • In every case, the price for the accommodation includes:
  • Water, energy and air conditioning.
  • Use of bedding and bathroom linens.
  • Room cleaning.
  • Stays shall be calculated by days, weeks or months for the purposes of pricing.
  1. Holiday rental properties must be rented in their entirety and may not be rented by the room or in any other manner that entails dividing or sharing the property.
  1. Properties may not 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. They must be marketed and promoted via tourist attraction channels or by any other means.
  1. Accommodation services must be provided in accordance with the rule of unity of use defined in Article 3 of Governing Council Decree 29/2019 of 9 April amending Governing Council Decree 79/2014, of 10 July, which regulates tourism apartments and holiday rental properties rented in the Community of Madrid, for a price, in a professional manner.

 

  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 must have a civil liability insurance policy that covers users’ risks of personal injury, monetary loss and economic injuries caused by the exercise of their activity.

 

  1. Holiday rental properties shall have a permanent user service telephone number for any incidents or queries that users may have, with a telephone directory and addresses of emergency and health services written in at least English and Spanish.

 

  1. Holiday rental properties will place official complaint forms at the users’ disposal.

 

  1. Prior to rental, users will be provided with the information related to the accessibility of the holiday rental property.

 

  1. Owners of holiday lease properties must provide the police stations or Civil Guard posts with information on the people staying in them, in accordance with the general rules of documentary registration and information required by current regulations for citizens’ security and safety.

 

  1. Holiday rental properties are not classified by category.

 

  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.

 

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

 

  1. You must submit the Statement of Responsibility, which can be downloaded here.
  2. You must submit the CIVUT.
  3. The Statement of Responsibility and the CIVUT must be submitted in any of the following manners:

 

    • 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.
    • Post Offices, preferably addressed to the General Registry of Madrid, Gran Vía No. 3, 28013, Madrid.
    • Spanish diplomatic agencies or consular offices abroad.
    • Through the Community of Madrid Citizen's Portal by clicking here.

 

 

  1. Further information can be found by clicking here.

 

Exclusion of liability

 

HomeAway Spain, S.L. is not liable for the authenticity, accuracy, adequacy, suitability, thoroughness or relevance of the information provided through this web page or for 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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