Regulations on Holiday Rental Properties in the Autonomous Community of Valencia

 

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

 

1. Classify your property in one of the categories – luxury, superior or standard – pursuant to the Annex of Decree no. 92/2009 of 3 July 2009, enacting the Regulations Governing Holiday Rental Properties and Management Companies in the Autonomous Community of Valencia. To do so, review the regulations and select the category that corresponds to the characteristics of your property, which should be communicated in the statement of compliance.

2. Ensure the upkeep of the property in a perfect state of habitability, in line with its category and the description provided to the tourism administration.

3. Ensure the upkeep of all facilities, amenities and services in the condition, requirements and level of quality corresponding to its classification and category.

4. Ensure appropriate conditions of upkeep, cleanliness and provision of services from the day of occupancy, with all necessary supplies and facilities operating correctly.

5. Visibly display in the entrance to the property, either in the interior or exterior, the property's Registry number as a Holiday Rental Property, displaying the appropriate sign as stipulated in Regional Tourism Ministry Order no. 2/2010 of 29 March 2010, stipulating the signs corresponding to tourism companies and establishments in the Autonomous Community of Valencia, which can be found here.

6. If the property that you wish to rent out is classified as "rural", it must also comply with Article 32 of Decree no. 184/2014 of 31 October 2014, regulating rural inland tourist accommodations in the Autonomous Community of Valencia.

Maximum occupancy may not exceed 16 people per apartment.

The property in question must meet the architectural characteristics of the area, to be accredited through a certificate issued by an official specialist.

The town or village in which the property is located should have fewer than 5,000 inhabitants. Properties may only be located in towns with a greater number of inhabitants where they are located on undeveloped land, in a neighbouring town or in some other place pertaining to the municipality and have obtained the declaration of community interest that confirms the corresponding use of the property for the purposes of tourism, or have otherwise been exempted through currently applicable town planning law.

The property, amenities and installations and ornamentation shall conform to the singular character of the surrounding area.

 

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

In addition to the general 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. With regard to prices and reservations, holiday rental shall be subject to Decree no. 19/1997 of 11 February 1997, which regulates the pricing and reservation system to be applied in holiday rental properties and which may be consulted via the link above, with specific attention paid to the following:

The price of the accommodation shall include the property's conservation, upkeep and repair (except in cases where normal, diligent use has been exceeded), garbage collection from a public thoroughfare or other site that is especially designed for the deposit thereof, water supply, electricity and fuel, swimming pools, gardens, common porches and terraces and all elements pertaining to them, children's playgrounds and any charges levied by the residents' association.

The prices of complementary services deemed to be appropriate may be included. However, if they are not, all such charges should be duly advertised.

2. The advertising, offer and management of the property should at all times meet standards of authenticity, objectivity and good faith, providing guests with sufficient information on its characteristics, conditions of use and full details of the contracted services.

3. The advertising of tourist accommodations should include  the relevant registration numbers and categories. In the case of property management companies, this obligation also includes the registration number of the company in question.

4. Complaint forms shall be subject to the Government of the Autonomous Community of Valencia Decree no. 77/1994 of 12 April 1994, regulating complaint forms as available to consumers and service users in the Valencia region, which may be consulted via the link above.

5. In the case of tourism property management companies (those whose business activity consists of assigning the use and enjoyment of five or more properties for use of tourism in exchange for financial compensation) a statement of compliance must also be presented. Property management companies must also comply with other requirements, including but not limited to:

The availability of an office in which the public may be attended to.

Possession of authorisation signed by the company and the property owner for the management of the aforementioned property.

 

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

1. Fill in the statement of compliance which corresponds to the holiday rental property.

  • Download the form for private owners here.
  • Download the form for property management companies here.

2. The following documents must be adjoined to the form:

1. A copy of the articles of incorporation as registered with the Companies Registry and the company's Tax Identification Number or other document confirming its incorporation, as well as confirmation of any power of attorney, if not readily apparent from the aforesaid documents.

2. Photocopy of the person's National Identity Card or equivalent identificiation document.

3. Where the owner is a foreign national, a photocopy of their Foreign Identity Document or Card, or a photocopy of their current self-employment work permit.

4. Licence of occupancy for the holiday rental property.

5. List of holiday rental properties.

 

3. Submit the form via the following:

1. Through the Tourism Service Registry in the province in which the property is located (or where the majority of holiday rental properties are located, in the case of tourism property management companies), any administrative body pertaining to the National or Regional Public Administration or any of the bodies that make up the Local Administration. In this latter case, such entities must be signatories to the corresponding collective agreement.

2. Post offices, preferably to the following addresses:

a. Registro del Servicio Territorial de Turismo de Valencia, Plaza Alfonso el Magnánimo 15, 46003 Valencia.

b. Registro del Servicio Territorial de Turismo de Castellón, Avenida Hermanos Bou 47, 12003 Castellón de la Plana.

c. Registro del Servicio Territorial de Turismo de Alicante, Calle Churruca 29, 03003 Alicante.

3. Spanish diplomatic agencies or consular offices abroad.

4. The Autonomous Community of Valencia's electronic registry, which may be accessed via this link.

 

What tourism regulations govern the rental of my property?

Laws:

The Autonomous Community of Valencia Tourism Act 3/1998 of 21 May 1998, particularly Articles 7, 7 bis, 8, 14, 15, 16, 18 and 18 bis.

Orders:

Order 2/2010 of 29 March 2010, stipulating the signs corresponding to tourism companies and establishments in the Autonomous Community of Valencia and particularly Articles 1, 2 and 3.

Decrees:

Autonomous Community of Valencia Decree no. 77/1994 of 12 April 1994, regulating complaint forms as available to consumers and service users in the Valencia region and specifically Articles 1, 2, 3 and 4.

Decree no. 19/1997 of 11 February 1997, which regulates the pricing and reservation system to be applied in holiday rental properties, and specifically Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13.

Decree no. 92/2009 of 2 July 2009, enacting the Regulations Governing Holiday Rental Properties and Management Companies in the Autonomous Community of Valencia, particularly Articles 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 15, 16 and 20,

 

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