New Tourist Licence Regulations

 Given the concern that the new Housing decree has generated, we are sending our clients the most important outtakes of the changes in the new Tourist Licence Regulation and accommodation. We also note that this is the new Regional Regulation which will be affected by the forthcoming State Regulation of which we only know that it will be a central registry, and we do not yet have more information at present.

Tourist Licence Regulations :  Main Outtakes

1. The tourist licenses will be valid for 5 years. The renewal period for the properties registered prior to the current law will begin to count from the 3rd of August 2024.
2. Tourist accommodation can only be rented for a ten-day period. In the chosen period you will not be able to rent the property for more than ten days. If this happens and it is detected, you will lose your tourist license.
3. Obligatory Civil Liability insurance which must be renewed after 5 years and a certificate from the homeowner association stating that there is no inconvenience in renting the property.
4. The minimum housing requirements are standardized to the following:
   1. An obligatory lift to access properties that are situated on the 4th floor or higher.
   2. An exclusive entry for tenants for properties located on the ground floor.
   3. 24-hour helpline
   4. An evacuation plan of the building located at the back of the entrance door of the property with emergency instructions in several languages.
   5. Refrigeration and heating at least in the living room – dining room or dining room – kitchen.
   6. Internet connection unless there is no possibility of accessing it due to the location of the property.
   7. Mandatory household appliances shall be a refrigerator, electric stove /electric ceramic stove, oven or microwave, extractor fan, television and washing machine.
   8. Homeowner association rules must be shared with the guests, this could be by having the rules printed out and visible in the property.
   9. Complaints book.
   10. Prohibition of key boxes. A professional must be present to open the door for the guests.
   11. Indication of the electrical voltage in all enclosures of the property.
5. It is considered a very serious infraction to rent the property by rooms or not indicate the registration number in the advertisement. Only the entire property may be rented. The fine for this infringement can be up to 600.000 euros.

Our Observations

In view of the new legislation, if the property is rented for more than ten days it’s no longer a tourist rental, it will be considered as temporary rental. BE WARNED that you will only be able to rent out the property in the period you have submitted your tourist license for (temporary or annual) if it’s rented in any other period, you could lose your license. If the period of your application for a Tourist Licence is either temporary or annual, your accommodation can only be rented for a maximum ten-day period.

We would like to take this opportunity to remind you that it is compulsory to complete the passenger registration form.

Likewise, the law considers other causes for the loss of the tourist license, such as not renting the property for one year or not starting the rental activity within three months after obtaining the license if the annual tourist rental is selected.

Finally, we would like to stress the difference between a temporary rental and a tourist rental. On one hand, the new law make the tourist rentals difficult, these types of rentals are considered to have a duration of ten or less days. On the other hand, the law considers temporary rental a rental that has a duration longer than ten days.

It should be noted that the law defines a temporary rental as a contract to rent a property for a specific period and reason. The duration of this type of contract can vary from one month to several years, and there is no established minimum or maximum duration. This is the case of renting a property for the school season, summer or work relocation, in which complementary services such as reception, cleaning, etc. are not offered. The key to this type of contract, not to be considered permanent and to be covered by the 5-year minimum duration rule is that it must have a specific cause and establish that the tenant has another property that is his or her habitual residence. We emphasize these requirements to consider a temporary housing contract in view of the proliferation of 11-month contracts without a specific cause that the courts are already annulling and considering them as permanent.

Contact Us

If you have any questions or need specific advice, please, do not hesitate to contact us.

Laura Miralles Server and Maria Diego Leyda
Impley – Legal, Accounting & Tax Advice
Telf.: +34 965 854 423
Email: info@impley.com
Web: https://www.impley.com

Avenida Palmela 18, local 6
03730, Xàbia/Jávea
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