Tourist license in the Valencian Community
Here we explain everything you need to know to obtain the tourist license in the Valencian Community to be able to rent your property as a tourist rental.
Many people want to buy a property in Spain to enjoy their holidays but also to have a return on their investment through the rental of the property.
However, the hotels have complained to the government because these rentals are “illegal” competition for the hotels.
As the competences of tourism are delegated to the Valencian government, it has created some laws to keep everything in order.
In short, the Valencian government has obliged people who want to rent and advertise their property on booking.com, airbnb.com etc. as tourist property to obtain a tourist licence, and here is the problem: since 2018, to obtain the tourist licence, it is obligatory to ask the town hall that corresponds to the place where the house is located, for the urbanistic accountancy to make tourist rentals. In short, if the urban plan has not foreseen to make tourist rentals or hotels where your property is, you will not be able to obtain this certificate.
ATTENTION, you can still rent your property, but not advertise it on the internet because all the booking portals, airbnb, etc, now oblige you to provide them with your tourist licence number.
What are the regulations applicable to the tourist license?
You should know that the community of Valencia is formed by the provinces of Valencia, Castellon and Alicante.
First of all, therefore, you should know that in the Valencian Community there are the following specific regulations concerning tourist residences:
Law 15/2018, of 7 June, on tourism, leisure and the hotel industry of the Valencian Community.
Decree 92/2009, of 3 July, of the Consell, which approves the regulation of tourist accommodation known as flats, villas, cottages, bungalows and similar, and the management companies, legal or natural persons, dedicated to the transfer of their use and enjoyment, in the territory of the Comunitat Valenciana (hereinafter, Decree 92/2009 or, simply, the Regulation).
Decree 184/2014, of 31 October, of the Consell, regulating rural tourist accommodation in the interior of the Comunitat Valenciana.
But what is a tourist accommodation?
The regulation considers that a tourist accommodation is a property, regardless of its type, whose use is granted for a fee, on a regular basis, under conditions of immediate availability and for tourist, holiday or leisure purposes.
The Tourism, Leisure and Hospitality Act calls tourist accommodation ‘accommodation for tourist use’.
And not only that. It redefines them as complete properties, regardless of their typology, which, having the municipal report of urban compatibility that allows this use, are sold at a regular price under conditions of immediate availability and for tourist, holiday or leisure purposes.
From 8 July 2018, in the Valencian Community, it will be necessary to have a municipal compatibility report that allows the registration of the tourist use of the property.
In addition to the above, depending on the category in which the accommodation is to be classified (superior, first or standard), it is necessary to comply with a series of requirements set out in Annex I of Decree 92/2009.
What is the typology of tourist accommodation?
As far as the typology of tourist accommodation is concerned, it can have the following architectural form:
What are its requirements?
From the new definition of tourist accommodation, the following definitional notes can be extracted:
To be furnished and equipped in conditions of immediate availability.
It must be marketed or promoted for profit, i.e. it must be sold at a price.
To be rented for tourist, holiday or leisure purposes.
Have the municipal urban development compatibility report that allows for tourism use.
Be subject to regular marketing or promotion.
According to Decree 92/2009 and Law 15/2018, there will be regularity when any of the following circumstances apply (only one of them will be sufficient for your property to be considered a tourist property):
When they are owned by companies managing tourist accommodation. This means that it is rented by professionals in the sector.
When they are owned by their owners, regardless of the duration of the contract, as long as they provide services typical of the hotel industry. These include services such as property cleaning, linen change, luggage storage, laundry, repairs and maintenance and similar services.
Tourism marketing channels are used.
Tourism marketing is considered to occur when it is carried out by tour operators or any other tourism sales channel, including the Internet or other new technology systems.
For the purposes of the new Tourism Act, the principle of the operating unit means that all tourist accommodation units that make up the building or an independent and homogeneous part of it, occupied by the establishment, must be allocated to the provision of the tourist accommodation service, and that the management of the whole will be exercised by a single owner enterprise. To this end, the single operator must be able to prove that it is the owner of the property or that it has other legal titles allowing it to operate all the tourist accommodation units.
Another new feature of Law 15/2018 is the obligation to take out civil liability insurance, or any other equivalent guarantee, to cover damage and losses that may be caused in the course of developing their business.
The minimum cover to be taken out, the maximum amount of compensation per year and per claim, the deductibles, if any, the documentary evidence of the insurance taken out, the insurance group, if any, and any other conditions shall be established by regulation.
Services provided by individuals to users of tourist services that are offered and distributed directly or through advertising platforms or specialised companies must comply with the regulations applicable to the service in question, as well as those relating to employment, safety, prices and taxation that are required of tourist companies by this Act and other regulations applicable to them.
What accommodation will not be considered tourist accommodation?
If your property falls into one of the following cases, it will not be considered tourist accommodation:
When you rent it on a seasonal basis, in accordance with the provisions of Law 29/1994, of 24 November, on Urban Leases, and Law 8/2004, of 20 October, on Housing in the Valencian Community, and you do not provide the tenant with services typical of the hotel industry.
When renting on a seasonal basis, in accordance with the provisions of Law 29/1994, of 24 November, on Urban Leases, and Law 8/2004, of 20 October, on Housing in the Valencian Community, and you do not use tourist marketing channels for this purpose.
Flats that constitute a block or group of flats. They are regulated by Decree 91/2009, of 3 July.
What equipment must they have?
In general, the tourist accommodation will be equipped with the furniture, cutlery, kitchen utensils, linen and other utensils and accessories necessary to meet the needs of the guests according to their capacity.
The provision of cleaning and laundry services, linen changes, repairs, maintenance and waste collection will be governed by the provisions of the contract signed for the occupation of the accommodation unit. It is therefore important that you have an accommodation contract that sets out the terms and conditions for the provision of the above services.
All rooms will have a wardrobe, either inside or outside the room, regardless of the category of accommodation.
When can a property not be used for tourism purposes?
You cannot use an accommodation for tourism purposes if:
It does not comply with the municipal regulations applicable to the exercise of the activity.
It is rented by rooms. The regulation states that the accommodation must comprise the whole unit, and it is forbidden to rent it by rooms. In addition, the owner must not live there.
How to obtain the tourist license in Alicante?
What is the first thing you have to do to assign your accommodation to tourist use?
Owners or managers who are going to carry out the tourist activity of accommodation in a residential dwelling must present the responsible communication-declaration of dedication to the tourist use of the dwelling or, if applicable, the one referring to the activity of the management companies, in formalised forms, which will be available on the website of the Generalitat Valenciana, at the Citizen’s Services and their delegations, and at the Directorate General of Tourism.
In summary, you will have to submit one of the following two formalised forms, depending on the number of dwellings you are going to manage:
– As a holder, you can directly manage up to 4 accommodations. To do so, you must submit :
The form for a responsible declaration concerning the use of tourist accommodation.
Declaration of responsibility of owners
– If you intend to manage 5 or more properties, you must do so as a management company. In this case, the form to be submitted will be different:
The responsible declaration form referring to the activity of tourist accommodation management companies.
Responsible declaration for management companies
From when can you rent and advertise your property?
The responsible communication-declaration sent to the competent body for tourism (Territorial Tourism Service of the province where the tourist accommodation is located) will allow the activity to be carried out for an indefinite period of time, starting from the day of its presentation.
From that moment on, you can advertise as a tourist accommodation.
How can you present the responsible declaration?
There are two possibilities, the choice is yours:
A – If you are an individual:
1. electronically, via the processing platform, from the button Procedure details > Processing with certificate.
The Processing Platform allows you to fill in, sign and submit to the register the administrative procedure form for the declaration responsible for access to or exercise of the activity in the accommodation for tourism purposes.
To do this, you need a digital certificate issued by the CVMA or an electronic identity card and you need to have certain components installed on your computer, such as a PDF document viewer.
You can use the digital certificate to carry out your procedures comfortably on the Internet in complete security and confidentiality. To do so, the certificate must be installed on your computer’s browser and have a compatible configuration.
Procedure details > Procedures > Proceeding with a certificate
2. In person or in person, from the Procedure details > Related forms button.
If you do not have a digital certificate, you can fill in the form online, from the “Associated forms” button and attach the additional documents required for the procedure. However, you must present it physically to the registration office of the competent body, to the registration offices and to the citizens’ services.
Also to the registers of the entities established in Article 16.4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
Procedure details > Related forms
B – If you are a company:
That is, if you are a commercial company, always by electronic means.
Article 14.2 of Law 39/2015, of 1 October, establishes that electronic filing is mandatory for certain subjects, including legal persons.
What documents must you attach to the responsible declaration?
Specifically, you must provide the following documents:
The documentation that accredits the physical or legal personality of the interested party.
The licence to occupy the dwelling. If not, you must declare that you have one.
The list of tourist accommodation, if there are several.
Responsible declaration of the interested party concerning :
The availability of the property(ies).
That the general and specific technical requirements are met and maintained during the period of activity.
That the regulatory requirements established for the holding, if any, of the rural modality are met.
If you do not voluntarily submit the above-mentioned documents together with the declaration of responsibility, you may submit them at a later date when requested by the competent territorial service.
To provide the documentation, you must scan it and attach it to the communication, in pdf format.
Unless the original documents are to be retained in the proceedings, you have the right to provide – instead of a certified copy – copies of them, the accuracy of which will be guaranteed by the provision of the statement of responsibility of the person concerned, without prejudice to the Administration’s subsequent power of verification.
What is the deadline for submitting the responsible communication statement?
There is no specific deadline for submitting the responsible communication-declaration procedure for the dedication to the tourist use of accommodation or, if applicable, that referring to the activity of management companies.
Therefore, you can submit the declaration throughout the year.
What is the deadline for resolution and notification of the end of the procedure?
There is no specific deadline for this.
What is the deadline for starting the activity after the responsible communication-declaration?
It is very important to know that once the notification has been made, the establishment must start its activity within a maximum period of two months, starting from the day of the notification.
How can the tourism administration respond?
Positive administrative silence (acceptance of the application) does not occur in the absence of an express resolution.
Because in these cases, the administration is not obliged to resolve.
How does the tourist administration communicate with you?
The forms of communication between the administration and the interested party (you) are established in articles 40 to 45 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations.
Please note that in order to access the electronic notification, you must have an electronic identity card or one of the certificates recognised by the Generalitat Valenciana.
What appeals can be lodged against the decision to reject the application?
The following appeals can be lodged against the decision to reject the declaration of responsibility for accommodation for tourist use:
Appeal for reconsideration: This is optional or not compulsory. It is presented to the same body that issued the decision.
Appeal: It is compulsory or mandatory, before resorting to the courts. It is presented to the hierarchical superior of the body that issued the decision.
To lodge or present the above appeals, you do not have to pay any fee and you can do it yourself. You do not have to go through a lawyer or a notary. However, I recommend that you seek advice before doing so. I remind you that you are in what is called the administrative procedure before the judicial procedure.
REGISTRATION IN THE TOURISM REGISTER OF THE VALENCIAN COMMUNITY, PUBLICITY AND DISTINCTIVE SIGN OF THE VT :
How does the registration of your tourist accommodation proceed?
If the above-mentioned form and documentation are in order, the Territorial Tourism Department will automatically register the tourist accommodation in the Valencian Community’s Tourism Register and, to this end, will give the interested party a document accrediting the registration.
The General Register of Tourist Enterprises, Establishments and Professions of the Valencian Community has been renamed the Valencian Community Tourism Register.
It will be used to register people who practice tourism professions, companies and tourist establishments in the Valencian Community.
The register will be public, registration will be free of charge and its operating regime will be determined by regulation.
Law 15/2018 establishes that systems of collaboration in the management of the Tourism Register may be set up with local companies, under the terms and conditions to be determined by regulation.
Does the registration number have to be included in your advertising?
The advertisement for registered tourist accommodation must include the registration numbers of the accommodation and their categories.
In the case of a management company that manages different accommodation in the same building, it is sufficient to advertise the registration number of the management company.
When advertising is carried out through information society services, the owners of the advertising or marketing channels are jointly and severally responsible for the inclusion of the registration numbers of the aforementioned dwellings and their categories, as well as the veracity of the data included in their media.
Digital accommodation platforms will have to comply with their legal obligations as tourism service companies and, in particular, collaborate with the various administrations to facilitate public supervision and control that providers offering services through these digital platforms comply with the regulations.
The platforms will have to ask the owner of the tourist accommodation to accredit the valid registration number, under penalty of economic sanction as a very serious offence.
Now, with Law 15/2018, failure to comply with advertising and communication obligations in the marketing of tourist accommodation is considered a serious offence that can be punished with fines of €10,001 to €100,000.
Do tourist accommodations have to display any sign?
Registered tourist accommodation must display, in a visible manner at the entrance, inside or outside, the corresponding identification of their status as tourist accommodation and their registration number.
Tourist accommodation sign C. Valenciana
With Law 15/2018, failure to display the tourist accommodation badge can be sanctioned with fines of up to €10,000.
REGISTRATION OF TRAVELLERS:
In accordance with the regulations of the Ministry of the Interior, you must fill in a travellers’ entry report, drawn up according to an official model, and send it to the corresponding police station or civil guard station, depending on the locality where the property is located.
The regulations are set out in Order 1922/2003 of 3 July on registration books and forms for the registration of travellers in tourist accommodation.
RENTAL CONTRACT FOR TOURIST ACCOMMODATION IN THE COMMUNITY OF VALENCIA :
Is it compulsory to sign a tourist accommodation contract?
It is not compulsory to sign an accommodation contract.
If you are looking for a company to obtain the tourist license for your property do not hesitate to contact us