Tourist rental in Spain
Spain beats the record of tourists and, in the age of the globalization of the communications, they are not few those who want to take part with the rent of flats, which has forced to communities and town halls to stop so that the call collaborative economy is not turning into an unfair competition. But what is the tourist rental in Spain?
If you have a home in Spain and you give the services of a hotel, rental, cleaning basically or you announce your property on the rental portal on the internet like Booking or Airbnb your property is a tourist rental.
For some time now, the tourist housing sector has been demanding a homogenous regulation of its activity, but at the moment they have to comply with the regulations approved by some communities and municipalities, especially those in which the most central neighbourhoods are emptying their resident’s population. before the increase in rents.
The last one to join the car of regulation has been the City of Madrid, with a moratorium of one year in the granting of operating licenses for all modalities of lodging in residential buildings over 90 days.
The moratorium will mean the suspension of licenses to open new hotels in the centre, a paralysis that in the case of tourist homes extends to the districts of Chamberí, Salamanca or Arganzuela.
Also, the Community of Madrid prepares a decree to regulate the houses of tourist use, that will have to have a certificate of suitability to guarantee that they meet the conditions to be offered and that will define to the digital platforms like Airbnb like “tourist companies”, with sanctions up to 300,000 euros.
One of the pioneers in regulating this activity was the City of Barcelona, which prohibits the opening of new accommodation of this type in the city centre, but it allows compensating the closing of existing ones in the periphery as long as the new unit is located in exclusive buildings and has not had use of residential housing.
In addition, it has reinforced the detection and punishment of illegal tourist flats and, in the application of the Catalan law, has fined operators who advertise them.
The Balearic Islands also fine up to 40,000 euros who rent apartments for tourists and up to 400,000 euros in the case of real estate agencies, tourist intermediaries or digital platforms that advertise them as Airbnb or HomeAway.
In fact, sanctions files were opened to Airbnb and Tripadvisor last month for their illegal offer to rent flats in the Balearic Islands.
The Junta de Andalucía requires since 2016 to register the homes for tourism purposes in a register, in order to avoid fraud, intrusion and unfair competition with hotel establishments.
A standard that establishes minimum quality and comfort requirements comparable to those of other accommodations, which must have an occupancy license and meet the technical conditions set, including bedding, household items and first aid kit, with a catalogue of penalties up to 150,000 euros in the case of very serious infractions
After a strong controversy with the tourist employers, the Canarian Government regulated the uses of the holiday rental in 2015 and, although the Superior Court of Justice annulled the article that prohibited the holiday rental in the tourist areas, the law is still valid because the Executive resorted to the Supreme, which has not failed yet.
Meanwhile, this activity has triggered rents in several places, especially in Lanzarote or on the beach promenade of Las Canteras, in Las Palmas de Gran Canaria.
Any apartment offered through a digital platform in the Valencian Community must be registered with the Valencian Tourism Agency and be subject to current safety and quality regulations.
Murcia, on the other hand, has a specific plan to reduce the current imbalance between the regulated and non-regulated offer, put an end to the intrusion and reinforce the fight against submerged employment, precarious and without rights.
The community of Castilla-La Mancha next spring will have a text that will put an end to the regulatory vacuum in this area and, according to calculations by the regional government, will bring to light between 1,500 and 2,000 tourist homes that are offered in numerous portals of Internet without guarantees for customers and without accountability to any administration.
In Euskadi, the Basque Government approved last month a draft decree that seeks to regulate the most tourist aspects of the homes giving guarantees to promoters, neighbors and tourists, since the decision to grant licenses corresponds to the municipalities, such as those of Bilbao and San Sebastián that concentrate two thirds of the almost 2,500 tourist flats of the Basque Country.
Bilbao only allows tourist rental on the first floor of residential buildings or on the floors immediately below the usual homes, while in San Sebastian new tourist flats will be prohibited in the Old Town and the port, areas declared “saturated”.
Also, the La Riojan Government approved in March 2017 a general tourism regulation, which distinguishes the tourist apartments -the ones that contain three or more accommodation units in the same building or a different part of it- from the houses for tourist use, including those that They are advertised online.
Last year, a decree regulating tourist flats entered into force in Asturias and, according to the latest available data, 640 applications for registration had been registered and 159 disciplinary proceedings had been opened, 52 of them to establishments that had not registered in the registration and 107 to marketing platforms through the internet.
The Junta de Extremadura is working on the reform of Law 2/2011, of January 31, on Development and Modernization of Tourism in Extremadura, which will materialize this year and which will arbitrate new instruments to fight against fraud on tourist apartments.