Do you own a property in the Valencian Community (including Costa Blanca and the Alicante province) for tourist use, or are you considering renting out your property to tourists on a short-term basis? Note that regulations have changed, and you must comply with the new requirements under the Consell 9/2024 law amendment, published on August 7.

Here are the key changes, but you can review the full decree in the Official Gazette of the Valencian Community.

Please note that these legal changes do not apply to the Andalusian Community, which includes provinces like Málaga and Costa del Sol (Sun Coast).

Additionally, you can check the procedures for tourist-use properties and the Frequently Asked Questions section on the Ministry of Innovation, Industry, Trade, and Tourism website. In September, the Ministry will also hold technical meetings with business associations and municipal representatives to clarify the details of the decree.

1. Rental for a maximum of 10 days for the same client
According to the new regulation, a tourist-use property can only be rented out entirely (not by rooms) for a maximum of 10 days to the same tenant. This distinguishes tourist-use properties from other short-term rental properties, which are regulated by national legislation.

2. Homeowners’ association certificate
To register a property, a certificate must be provided showing that the homeowners' association does not prohibit the use of the building's apartments for non-residential purposes, such as tourist use.

3. Registration expires after five years
All tourist-use properties must be registered in the Valencian Region’s tourism register, and the registration must be renewed every five years. If your property is registered before August 7, 2024, the registration is valid until August 8, 2029.

4. New responsibility declaration every five years
To renew the registration, a new responsibility declaration and an updated urban compatibility report must be submitted.

☝🏻 What is a responsibility declaration for a tourist-use property?
A responsibility declaration is an administrative document in which the signatory declares that the property complies with applicable regulations and has the necessary permits and approvals from relevant authorities. Additionally, the signatory commits to fulfilling the obligations outlined in Law 1/1999, dated March 12. In most cases, this is necessary to start operating a tourist-use property.

5. Easier access to an urban compatibility report
The urban compatibility report can be obtained directly from the municipality or through the Municipal Administration Collaborators for Urban Planning Verification (ECUVs), registered with the Ministry of the Environment.

6. Exact location and registration number in all marketing
The exact location and registration number must be provided in all marketing materials for a tourist-use property. Failure to do so is considered a serious violation.

7. Community and usage rules
Each tourist-use property must have rules that cover the homeowners' association guidelines, the conditions for using services, and the acceptance of pets when renting the property.

8. Prohibited key handover through key boxes on the street
Handover of keys to tourists via key boxes placed in public areas is prohibited. The property must also have cleaning and maintenance services.

9. Minimum dimensions and services
Properties must meet minimum requirements for lighting, ventilation, and space size, as well as offer certain basic services like internet access and emergency instructions in multiple languages.

10. Fines and responsibility
The most serious violations, such as renting by rooms or over-occupying properties, can result in fines of up to €600,000.
Other serious offenses include failing to provide the exact location and registration number in all marketing, not reporting an ownership change in accordance with regulations, or failing to provide the property manager's information.

With this new decree, the Ministry of Innovation, Industry, Trade, and Tourism aims to combat illegal activity and unfair competition while ensuring accurate and up-to-date data on all tourist-use properties.

Additionally, the goal is to improve administrative flexibility and legal certainty for property owners, managers, tourists, and local residents. According to the Tourism Register, the Valencian Community has over 100,000 tourist-use properties, and this type of accommodation has increased by 160% from 2015 to 2023.

Source: www.turismecv.com