Touristic apartments are properties of any type transferred for money, usually, in conditions of immediate availability, and for vacation, holiday or leisure purposes. According to regulations of Decrees 92/2009 of July 3rd, and 75/2015 of May 15th, of the Valencian Community Council, these properties must have the tourist license, since the absence of it implies an infraction in the area of tourism and implies the corresponding responsibilities. It is very important to obtain the tourist license for the correct rental of your home to comply with current legislation, and with the objective of ensuring the corresponding activity. Once the license is obtained, it is considered that the property meets all the necessary requirements for tourist accommodation and can be rented for holiday purposes. Please consider to read our guide on how to obtain the tourist license in the Valencian Community, and we’ll try to solve all your possible doubts.
Holiday homes in Spain: Guide to managing touristic apartments
Who can request it?
Natural or legal persons, whether they are the owners of touristic apartments or not, who transfer properties in conditions of immediate availability for use with a tourist, holiday or leisure purpose, provided that such transfer is made on an onerous and usual basis.
What do I need it for?
In addition, it is necessary to have a tourist license when tourist advertising channels (Airbnb among others) are used for the promotion of housing and advertising. The publicity, which is made of the registered tourist properties, must necessarily include registration numbers of the aforementioned properties and their categories. In other words, as long as a person does not have a tourist license, they cannot advertise the rental services of the property (Airbnb, Booking, etc.) because they do not have the license code, which must be included in this advertising.
How to process the license?
The responsible body is the Territorial Tourism Service of the corresponding province where the property is located. It is necessary to go there with the following documentation:
- Standard form, duly completed.
- Documentation accrediting the physical or legal personality of the applicant.
- Licence(s) of First Occupation of the dwelling(s) or, failing that, a statement that they are available.
- List of dwellings for tourist use.
- Interested party’s responsible declaration about the availability of the property(s) and compliance with the general and specific technical requirements, and their maintenance during the validity of the activity.
When the form and documentation are compliant, the Territorial Tourism Service will automatically register tourist property in “Registro General de Empresas, Establecimientos y Profesiones Turísticas” of the Valencian Community and, for this purpose, will deliver to the interested party a document that accredits the registration. Once the communication is made, the establishment must begin its activity as expressed within a maximum period of two months.
What happens in case of non-compliance?
The tourist activity without having the relative license is considered to be a serious infraction which implies the imposition of fines and closing of the business, without prejudice to relative liability that may arise.
It is also forbidden to the clients the habitual use of the tourist property and/or the overnight stay in it of a number of persons superior to the maximum capacity of the housing or, where appropriate, of the one that had been fixed in the contract.
What requirements does the property have to meet?
Above all, to apply for a tourist license, the property must have an occupancy license of first or second occupation.
All properties must be classified into three categories: superior, first or standard; and the minimum requirements are always the following:
- Elevators when the apartment is located higher than the 4th floor.
- Thermal and acoustic insulation in all areas.
- Hot water.
- Evacuation plan located on the door of the house.
- List of emergency and interest telephone numbers located in a visible place.
A kitchen must have a stove with at least 2 hot plates, a fridge, an electric hob, a (microwave) oven.
The administration (l’Agència Valenciana del Turisme) may make the necessary checks regarding the compliance with the indicated requirements and the possession of the corresponding documentation.
How do you have to pay for a vacation property?
The tourist rental activity is coupled with the self-assessment of taxes that accrue. It is taxed as an urban lease, that is, including the income obtained from the development of the activity as earnings in the annual income statement. It doesn’t require to register as a self-employed person, it does not entail the payment of any fees, nor does it imply VAT taxation if exploited by the owner. Tourist rental is an accommodation service, not an establishment.
Professional architecture company “ARCOSTEC — Architecture & Engineering” guarantees a period of 48 hours of timely processing of all the necessary documentation and its delivery to the competent authority in order to obtain the tourist license for your housing. Get in touch with the professionals, we’ll be happy to assist you.
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