I. GENERAL PROVISIONS

 

Presidency of the Generalitat

 

DECREE LAW 9/2024, of 2 August, of the Consell, amending the regulations governing tourist housing.

 

PREÁMBULO I

The Generalitat, by virtue of article 49.1. 12 of the Statute of Autonomy of the Valencian Community, has exclusive competence in matters of tourism, which includes the promotion and management of tourism in its territorial area. Within the scope of this competence and in the exercise of legislative power, Law 15/2018, of 7 June, of the Generalitat, on tourism, leisure and hospitality of the Valencian Community, was approved, which regulates tourist activity, understood as that aimed at providing accommodation, catering, intermediation, information, assistance, entertainment and enjoyment of tourist resources and products of the Valencian Community. The law regulates tourist accommodation, contemplating a classification of the offer and establishing a series of obligations aimed at guaranteeing its quality, accessibility, sustainability, landscape integration and safety.

Decree 10/2021, of 22 January, of the Consell, approving the Regulation regulating tourist accommodation in the Valencian Community, on the one hand, developed the Law and, on the other, unified in one regulation the dispersion of decrees that regulated the modalities of accommodation, thus facilitating access to users and agents of the sector to the administrative regime applicable to each of these modalities. Chapter III defines and regulates tourist housing (STV).

The situation of the municipalities and the need to establish a clear and differentiated framework for tourist housing raises the urgent need for a modification of the specific regulation of this type of housing to provide them with legal certainty both for users and for local entities, owners and management companies and the owners of such housing. that are affected by the regulation that is made.

The recent publication of the European Union (EU) Regulation 2024/1028 of the European Parliament and of the Council of 11 April 2024 on the collection and exchange of data relating to short-term accommodation rental services, which establishes a single set of information rules for platforms and facilitates registration procedures for hosts, should also be considered in the regulatory framework for this type of tourism. responding to one of the main challenges in this area, reliable information on these services. Its entry into force will improve the authorities' access to and quality data on the provision of short-term accommodation rental services, which in turn should enable the authorities to design and implement policies on such services effectively.

II

Tourism is a strategic sector in the Valencian Community, with figures that have reached 16% of the Gross Domestic Product in 2023, being the autonomous community that is leading the growth in tourism revenues in 2024. This quantitative and qualitative importance justifies the enormous importance of attending to its orderly development, due to its direct impact on the rest of the economic sectors and its relevant repercussions in the social, labour and environmental spheres.

 

The beginning of 2024 has witnessed a new growth in tourism, a positive trend after the pandemic, and an increase in overnight stays and homes for tourist use, in the main Spanish tourist destinations (the increase in places in the 25 main cities is 19.7%, reaching 376,000 beds) exceeding pre-pandemic levels.

It should be noted the exponential increase in the number of homes for tourist use according to the Tourism Registry of the Valencian Community, which exceeds the figure of 100,000 (July 2024), which has meant an increase of 160.40% (period 2015-2023), figures that in 2024 reveal very significant increases in such a short space of time, since more than 9,000 homes for tourist use have been registered in this period.

To this context must be added the record numbers of foreign tourist arrivals, of 10.4 million in 2023 to the Valencian Community, as well as the constant media exposure of the consequences of the phenomenon, which force the adoption of urgent measures to limit the different interests at stake.

The increase in housing that operates for tourist use illegally contributes significantly to the underground economy. These undeclared properties not only evade taxes and regulations, but also distort the real estate market, affecting the tourism sector in general that operates in the market following current regulations. It is essential to take measures to regularise this situation and ensure fair and transparent competition.

In addition, the increase in illegal tourist housing can cause conflicts of coexistence with local residents. In this regard, it is also necessary to establish urgent, clear and effective regulations to protect the rights and harmony of those who live in these areas.

The challenge for tourism today is to combine the maximisation of its economic contribution with the well-being of the local societies of the destinations, adapting them to their current and future tourism realities. This is a challenge that requires the highest political priority.

In view of the data on the phenomenon of tourist housing, it is considered necessary to adopt urgent measures, with the aim of organizing the activity of tourist housing through extraordinary measures that balance the activity with the rest of the tourist accommodation sector, acting to ensure a balanced, sustainable and quality offer.

Along these lines, the objective of the Decree-Law is to urgently modify the regulations, adapting them to social demand and new realities, without putting an end to an essential economic activity, such as homes for tourist use, avoiding their rejection, which is increasing considerably and providing greater legal certainty to owners, managers, tourist users and citizens.

In view of the current moratoriums and planning modifications that are being agreed, we believe it is urgent to establish measures that bring our regulatory framework in line with these urban modifications.

III

In accordance with Article 5 of Law 15/2018, tourism policy must be based on the commitment to sustainability, which involves, among others, the alignment of strategies with the objectives of sustainable development and the promotion of socially responsible behaviour of tourism agents, tourists and the population. Consequently and in view of the data on the phenomenon of tourist housing, it is considered necessary to adopt urgent measures, with the aim of organizing the activity of tourist housing through extraordinary measures that balance the activity with the rest of the tourist accommodation sector, acting to ensure a balanced offer, sustainable and quality.

In this line, the objective of the Decree-Law is to regulate the activity of tourist accommodation by updating its

regulatory regulations, adapting them to the new realities, in the search for tourism sustainability in its aspects

 

economic, social and environmental, and to provide greater legal certainty to owners, managers, tourist users and citizens.

It should be considered that one of the greatest difficulties in limiting the negative externalities of this phenomenon is the complex framework of competences that requires taking into consideration and weighing the regulations of the rest of the administrations that exercise concurrent powers, which should be especially highlighted for its relevance in this the urban planning powers of the municipalities to determine their city model - which recent jurisprudence has emphasised - and the prescriptions of the Services Directive that extraordinarily limits the regulatory capacity in the exercise of tourist powers.

For all these reasons, it is necessary to regulate different aspects: on the one hand, it is necessary to redefine what is considered housing for tourist use, and this in order to demarcate tourist use from seasonal and residential use, thus preventing the rental of housing for tourist use from giving protection to leases that should not be considered as tourist, rather, they must be regulated by Law 29/1994, of 24 November, on Urban Leases, and excluding from the regime the rental by rooms. On the other hand, a period of validity is established for registration in the Register that allows an adaptation in a constantly evolving offer.

On the other hand, a modification of the current regulations must be carried out to put a stop to the unfair competition exercised by those who market their homes illegally, thus harming the regulated tourism sector and escaping the control that the competent authorities can carry out.

Finally, design, quality, safety and accessibility conditions must be established that provide the homes made available to tourists with minimum quality standards that guarantee minimum standards in line with quality tourism.

All this must be accompanied by a review of the sanctioning procedure, greater precision in the types

offenders, as well as the possibility of delegating the sanctioning power.

It also contains technical measures to increase the transparency and quality of the data of the STVs, such as greater precision in the responsible declaration of initiation and in the requirements required. Other measures are aimed at speeding up the procedures for modification and cancellation, which will allow the Tourism Registry of the Valencian Community to be purified so that it fulfils its basic purpose of serving as an instrument of knowledge of the tourism sector and information for the exercise of the administrative powers held by the tourism administration, so that facilitate the management, inspection, control, verification, programming and planning activities attributed to it, as well as the provision of information to interested persons or entities.

It should be considered that this regulation does not affect accommodation in blocks and groups of tourist apartments, which has its specific regulation in other sections of the regulations, but it does directly affect the relevant professional sector of companies managing tourist housing, a key agent in marketing in our autonomous community.

IV

In relation to the regulation of tourist housing, as has already been explained, the increase in illegal supply, its impact on both coexistence and the economy, acquire special relevance in the Valencian Community given its importance as a tourist destination. It is also an action in line with the moratoriums that are being approved by the municipalities with a more urgent need to address the specific problems of gentrification and touristification, as well as with the recent legislative initiatives of other autonomous communities.

The reasons set out above demonstrate that the arguments amply and reasoned justify the adoption of this rule, which does not affect the ordering of the basic institutions of the State, the rights and freedoms of citizens regulated in Title I of the Constitution, the regime of the Autonomous Communities or the

 

general electoral right and that in view of the foregoing, the circumstances of extraordinary and urgent need established in article 44.4 of the Statute of Autonomy of the Valencian Community as an enabling condition to resort to the legal instrument of the decree law concur.

The jurisprudence of the Constitutional Court has supported the approval of provisions of a socio-economic nature through the regulatory instrument of the royal decree-law in those cases in which an explicit and reasoned motivation of the need and urgency of the measure is appreciated.

The need for the standard has been affirmed in cases of problematic economic situations that require a rapid response. Likewise, urgency has been accepted when the delay in the time of the adoption of the measure in question could generate some damage.

It is also necessary to consider that it is up to the Council, in this type of regulation, to carry out a trial

political or opportunity on the conjuncture and the motivation of the norm.

In the present case, there is a twofold motivation: firstly, to order and specify the regulatory framework without delay, avoiding an illegal offer and avoiding the damage that would be caused by delaying the implementation of urgent measures and, secondly, by immediately adopting these measures to avoid the enormous impact, fundamentally social and environmental, caused by the aforementioned circumstances, minimizing the imbalances produced as much as possible.

It is required that the modifications introduced in this regulation enter into force quickly, to address the situations described above, which would not be possible through the ordinary or urgent legislative procedure, since they would not be approved in a timely manner and would lose the expected effectiveness.

This decree-law complies with all the requirements set out in the doctrine of the Constitutional Court, as it explains the reasons that lead the Council to promote extraordinary measures in the field of tourist housing; and because there is a clear connection between the emergency situation and the specific measure adopted to address it.

As has been explained, if the measures are not implemented as a matter of urgency, the uncontrolled phenomenon of illegal housing and the confusion created in citizens will continue to generate negative externalities and immediate damage to the sector, to citizens and to the tourist image of the Community.

On the other hand, it is necessary to urgently comply with the requirements of the aforementioned EU Regulation that determines technical and data quality requirements. It is necessary to refine and speed up as much as possible the processes related to the entries in the Registry within the established period with guarantees and legal certainty to be able to exchange the required data; a process that is directly linked to assimilation to agility in the fight against illegal supply and the implementation of innovations in inspection.

In view of the above, it can be assured that there is a direct connection between the defined urgency and the specific measures adopted, approval of the decree law, taking into account that the area it affects requires immediate intervention. The regulation that is incorporated will contribute to generating certainty for citizens and will provide security to all legal operators included within this relevant sector; legal certainty which, as is well known, constitutes one of the fundamental pillars on which the legal system is based. All the reasons given amply and reasoned justify the adoption of this regulation, and there is also the necessary connection between the emergency situation described and the specific measure adopted.

V

This regulation is based on the principles of necessity, effectiveness, efficiency, proportionality, legal certainty and transparency provided for in Article 129 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations. By virtue of the principles of necessity, effectiveness, proportionality, legal certainty, transparency and efficiency, this decree-law is justified for reasons of general interest, since it aims to protect the whole

 

of the productive sector and avoid a structural impact on society. With regard to the principle of transparency, and given that it is a decree-law promoted for reasons of extraordinary urgency of an economic and social nature, the consultation, hearing and public information procedure has been dispensed with in its preparation, in accordance with the provisions of Article 133, paragraph 4, of Law 39/2015, of 1 October, of the common administrative procedure of the public administrations.

All this without prejudice to the fact that the regulatory text will be sent for its knowledge to the Valencian Tourism Council/Intrusion Commission.

In order to guarantee the principle of legal certainty, this decree-law is consistent with the legal system

national and European Union legal system.

In the processing of the decree law, the established procedure has been followed and the mandatory reports have been issued, highlighting that of the Attorney General of the Generalitat and that of the Ministry of Finance, Economy and Public Administration.

By virtue of this, in exercise of the power granted by Article 44.4 of the Statute of Autonomy, and in accordance with the provisions of Article 58 of Law 5/1983, of 30 December, of the Valencian Government, in accordance with the powers conferred by Decree 10/2023, of 19 July, of the President of the Generalitat, which determines the number and name of the departments, and their attributions at the proposal of the Minister of Innovation, Industry, Trade and Tourism, after deliberation of the Council in its session of August 2, 2024:

DECREE

Article 1. Purpose and scope of application

1. The purpose of this Decree-Law is to amend Law 15/2018, of 7 June, on tourism, leisure and hospitality in the Valencian Community, and Decree 10/2021, of 22 January, of the Consell, which regulates tourist accommodation in the Valencian Community, with regard to housing for tourist use.
2. Dwellings for tourist use located in the territory of the Valencian Community will be subject to the provisions of this Decree-Law. Likewise, as far as applicable, the owners, owners and users of these dwellings, as well as the rest of the administrations and public entities that hold concurrent competences in the matter, will be subject to them.

Article 2. Amendments to Law 15/2018, of 7 June, of the Generalitat, on tourism, leisure and hospitality of

the Valencian Community

1. Section 19.1.b. is reworded:

"(b) Classify their establishments as tourist and have, when mandatory, the authorization or express accreditation necessary for the exercise of the tourist activity that is intended to be developed, as well as, in the case of dwellings for tourist use, state the exact location and the registration number in the Tourism Registry of the Valencian Community in all types of advertising that is carried out."

2. An article, 64 bis, is inserted with the following wording:

"Article 64 bis. Submission to other regulations

Dwellings for tourist use and other tourist accommodation will be subject to the requirements of tourist, civil, commercial, health, urban planning and environmental regulations, emanating from the European Union, State Administration, the Valencian Community and local entities within the framework of their respective competences.

In particular, the City Councils, for imperative reasons of general interest, and through the exercise of their powers

of urban planning, may establish proportionate limitations, with regard to the maximum number of

 

Dwellings for tourist use by building, sector, scope, area or zone. Such limitations must obey criteria

clear, unequivocal and objective, which have been duly publicized prior to their application".

3. Article 65 is amended to read as follows:

"Article 65. Homes for tourist use.

1. Dwellings for tourist use are complete properties, whatever their type, which are transferred for a price, in conditions of immediate availability, for tourist purposes, for a period of less than or equal to 10 days, computed continuously to the same tenant, and which have a municipal report of urban compatibilityfor favourable tourist use, or equivalent document that is so determined by regulation, as well as, where appropriate, the municipal authorisation titles required for said use or activity.

Homes for tourist use are transferred in their entirety, not allowing the transfer by rooms.

In addition, in accordance with cadastral legislation, and for the purposes of the physical identification and location of the properties in which the tourist accommodation activity is carried out, it will be mandatory to state, both in the responsible declarations made and in the contracts for the transfer of the dwellings, the unique and individualized cadastral reference of the property.

The minimum content of the municipal urban compatibility report for tourist use or equivalent document will be established by regulation.

2. In any case, it will be presumed that there are tourist purposes, when any of the following circumstances occur

with respect to the property, therefore applying the tourism sector regulations:

1. When it is transferred for tourist use by management companies of tourist housing.
2. When it is made available to tourist users by its owners or holders for this purpose,

or not services typical of the hotel industry.

1. When tourism marketing channels are used. Tourism marketing is considered to exist when it is carried out through tour operators or any other tourist sales or promotion channel, including the Internet, or other systems of new technologies."
2. In accordance with the concept of dwelling for tourist use, the following may not be considered as such:
3. Dwellings that are rented for a period equal to or greater than 11 days computed continuously to the same tenant.
4. The tourist rental of rooms, which is expressly prohibited.
5. The rental of rooms for tourist use on boats, caravans or similar, with the exception of the regulatory framework for campsites.
6. The registration of homes for tourist use in the Tourism Registry of the Valencian Community will have a

validity of 5 years, with the exceptions expressly regulated in this Law and in its implementing decree.

5. Regulations will establish the minimum requirements of design, quality, safety, accessibility, and

equipment applicable to this type of housing.

4. Paragraph 5 of Article 77 is amended to read as follows:

'Article 77. Nature and registration

5. The registration of persons who exercise tourism professions, companies and tourist establishments will be carried out ex officio once the duly completed communication or declaration of commencement of activity has been received , where appropriate, in which there is evidence of compliance with the requirements determinedregulations for its registration. In the case of dwellings for tourist use, the report or document referred to in Article 65 of this Law must be available, as well as the identification of the dwelling, including the unique and individualised cadastral reference of the property.

 

5. Article 78(3) is amended and a new paragraph 4 is added, which reads as follows:

'Article 78. Modification and deregistration

3. Registration in the Tourism Registry of the Valencian Community will be deregistered in the following

Assumptions:

1. Declaration of the cessation of the activity, by whoever appears as the owner in the Register.
2. The inaccuracy, falsehood or omission, of an essential nature, of any data, statement or document that is

Accompany or incorporate into a communication or responsible declaration

1. The modification or disappearance of the circumstances and requirements that gave rise to the registration in the Register.
2. When the activity or service has not started, two months have elapsed since the presentation of the mandatory declaration of responsibility.
3. Certification issued by the competent administration of the final administrative resolution that determines the lack of the mandatory authorizations or licenses for the exercise of the activity, after processing the corresponding file
4. When the tourism inspectorate confirms the cessation of tourist activity for more than 1 year.
5. In the case of homes for tourist use, in addition to the above, when the cadastral reference of the property provided for in the second transitional provision of Decree 10/2021 has not been communicated before 31 December 2024.
6. In the case of dwellings for tourist use, in addition to the above, the failure to present a new Declaration of Responsibility for renewal after the five-year period established for the validity of the registration, in the form and deadlines indicated by regulations.
7. In the case of dwellings for tourist use, in addition to the above, the certification by the city council corresponding to the domicile of the dwelling of the final administrative resolution of a file for the restoration of urban legality ordering the cessation of the activity.
8. In the case of dwellings for tourist use, in addition to the above, when it is found that the accommodation is being used in the period declared as tourist for rental as a dwelling or seasonal in the terms established by Law 29/1994, of 24 November, on Urban Leases
9. The cancellation of the registration in the Tourism Registry in the cases of letters b), c), d), e), g), i) and j) of the previous number, will be resolved after processing the appropriate file, in which the interested person will be given a hearing. The hearing procedure may be dispensed with in the case of letters a), in the case of letter f) when the inspection report states the will of the owner and the owner not to continue to be registered in the Tourism Registry and in the case of letter h) after notifying the interested party of the expiration of the period."

6. Article 88 is amended with the addition of a paragraph 4 to read as follows:

"Article 88. Responsible people.

4. The owners of dwellings for tourist use shall have subsidiary liability with respect to infringements in the field of illegal supply or clandestine activity in those cases in which, required to identify the natural or legal persons owning the corresponding tourist activity, they do not indicate it within the period indicated by the request."

7. Article 91(10) is deleted

"Article 91. Minor infractions

10. Deleted

 

8. Paragraph 16 of Article 92 is amended and two paragraphs 19 and 20 are added, with the following wording:

"Article 92. Serious infringements.

11. Deleted

16. Failure to comply with the obligation referred to in letter b of article 19.1 to publicise the marketing through any means, and especially through the services of the information society, of the exact location and registration number of the dwelling in the Tourism Registry of the Valencian Community.

19. Failure to communicate the change of owner in a regulatory manner.

20. The refusal of the owners of tourist establishments, including dwellings for tourist use, to provide the identity and contact details of the owners of the tourist activity, as well as the contract or enabling title necessary to carry out that activity, or any other appropriate document for this purpose.

9. Article 93 is amended with the addition of a paragraph 6, with the following wording:

"Article 93. Very serious infringements

6. To exercise, market, offer, lend or advertise tourist rental by rooms in dwellings of

registered tourist use.

7. Overbooking of seats and failure to comply with the provisions relating to the reservation system or its

cancellation, when the affected user is not provided with accommodation under the conditions established in article

20.2 of this law."

10. Article 95 is amended with the addition of a paragraph 3, with the following wording:

"Article 95. Graduation of sanctions

3. The number of dwellings for tourist use operated by the owner or management company and the volume of turnover may determine the imposition of penalties corresponding to infringements of a higher or lower nature, respectively."

11. Article 98 is amended with the addition of a second paragraph, with the following wording:

'Article 98. Competent bodies.

2. In accordance with the provisions of the legislation regulating the local regime, the competence to initiate, instruct and resolve sanctioning procedures for minor, serious and very serious infringements in the field of tourist accommodation located in its territorial area, as well as, if appropriate, for the administrative review of the acts derived from said sanctioning procedures, may be delegated to the municipalities that request it and meet the general requirements required in the aforementioned legislation to obtain the delegation."

Article 3. Modification of Decree 10/2021, of 22 January, of the Consell, which regulates accommodation

tourism in the Valencian Community

1. Article 23 is amended to read as follows:

'Article 23. Content of the declaration of responsibility for tourist accommodation

The declaration of responsibility will contain the identification of the person or entity that owns the activity, including telephone number and email for the purposes of notifications of availability of electronic notifications, as well as the identification of the person who owns the property, if it is different from the person or entity that owns the activity.

In addition, it must contain the identification data of the home and the express pronouncement on the following

Ends:

 

1. That it holds the availability of the property or homes for tourist use and the documentation that accredits it as the case may be (deed of ownership of the property, lease contract, authorization for management between the owner and the company, or other valid title for these purposes).
2. That the dwelling or dwellings have the requirements required by the regulations for their registration in the Register with the capacity communicated, and that such requirements will be maintained during the validity of the activity.
3. That it has the municipal urban compatibility report for favourable tourist use, or equivalent document provided for in this regulation.
4. That the cadastral reference recorded is unique and individualized and responds to the current physical, economic and legal reality of the property or, failing that, the unique registry code of the property is provisionally recorded until the corresponding unique and individualized cadastral reference is obtained in less than a year.
5. That they have a licence for the first or second occupation of the dwelling or the equivalent enabling title provided for in Decree 12/2021, of 22 January, of the Council regulating the declaration of responsibility for the first and successive occupation of dwellings, as well as, where appropriate, the municipal enabling title required for their use as tourist accommodation, when, in accordance with municipal planning, the use of tourist housing is residential. Exceptionally, in cases of proven impossibility, an equivalent municipal report will be admitted.
6. That the conditions of design, quality, accessibility and safety established in 49.2, 3 and 4 of this Decree are met in the tourist housing, and that it has the licences, authorisations, enabling titles or any other instruments of urban, environmental or municipal opening intervention mandatory for its use for tourist use, when in accordance with municipal planning the use of tourist housing is considered tertiary.
7. That it has civil liability insurance or other equivalent guarantee to cover damages that may be caused in the development of the activity under the terms provided for in article 26 of this decree.
8. That the dwelling has the licences, certificates or authorisations required by other departments or public administrations, especially urban planning, environmental, horizontal property, health and opening regulations, if required, and that it complies with all applicable sectoral regulations.
9. If the establishment is located on common non-developable land, that the declaration of community interest has been obtained that attributes the corresponding tourist use and exploitation or, where appropriate, that its exemption has been processed in accordance with current urban planning legislation.
10. Period of provision of the activity in the home. The benefit period must be declared for each dwelling

of activity, being able to be marketed for tourism only in the indicated periods.

1. That it complies with the legal provisions relating to fiscal, tax, social security obligations and, in the case of having dependent employees, which are governed by the applicable collective agreement, corresponding to this economic activity.
2. That it has a registry certification that certifies that neither the constitutive title or the statutes of the community of owners, or any agreement of the same, enforceable against third parties, determine the impossibility of use for purposes other than those of residence as a habitual residence, or that it has a certificate issued by the administration of the community of owners in the same sense.
3. That the obligations of Royal Decree 933/2021, of 26 October, which establishes the obligations of documentary registration and information of natural or legal persons who carry out accommodation and rental activities of motor vehicles or the regulation that replaces it, are complied with.
4. In the case of holding the rural specialty, which complies with the requirements set out in article 68 of this

decree.

1. That it has the energy certificate of the property.
2. In the case of tourist dwellings that are installed in premises for tertiary use of existing buildings,

that the descriptive technical report contained in article 49.3 of this decree is available.

 

2. A new article, 23 bis, is introduced, with the following content:

'Article 23a. Validity of the registration in the tourist register of dwellings for tourist use

1. The registration of homes for tourist use in the tourism registry of the Valencian Community will have a

validity of five years, with the exceptions established in the Law and in this decree.

2. The responsible declaration enables the exercise of the activity for a period of five years from its

presentation and this must be stated in the corresponding registration.

To renew the registration for a new period of five years and continue with the exercise of the activity, the owner of the activity, with the express permission of the owner, must submit, in any case, within the month prior to the end of each period, a new declaration of responsibility for renewal.

This declaration responsible for renovation must be accompanied by a new municipal report of urban compatibility for favourable tourist use, updated, or equivalent document provided for in these regulations.

The new declaration of responsibility for renewal will expressly include that it complies with all the legal and regulatory requirements in force at the time of renewal.

For those dwellings registered prior to the entry into force of this decree-law, it will not be necessary to include

In this declaration responsible for renewal, the certifications mentioned in section l) of article 23.

The established period of 5 years has expired without a new declaration of responsibility for renewal having been submitted

and municipal report or equivalent document in cases where it is required, the property will be removed from the Registry.

3. When there is a change in the ownership of a registered tourist property, either before the entry into force of Law 15/2018, or after it, both the regime and requirements in force will be applicable to the property and to the new owner, and a new declaration of responsibility must be submitted, with the provision of the municipal report of urban compatibility for favourable tourist use or equivalent document.

3. Article 27(3) is left without content.

 

Cases:

 

4. Article 30 is amended to read as follows:

'Article 30. Casualty

1. The registration in the Tourism Registry of the Valencian Community will be deregistered, in the following

1. Declaration of the cessation of the activity, by whoever appears as the owner in the Register.
2. The inaccuracy, falsehood or omission, of an essential nature, of any data, statement or document that is

 

Accompany or incorporate into a communication or responsible declaration

1. The modification or disappearance of the circumstances and requirements that gave rise to the registration in the Register.
2. When the activity or service has not started, two months have elapsed since the presentation of the mandatory declaration of responsibility.
3. Certification issued by the competent administration of the final administrative resolution that determines the lack of the mandatory authorisations or licences for the exercise of the activity, after processing the corresponding file.
4. When the tourism inspectorate confirms the cessation of tourist activity for more than 1 year.
5. In the case of dwellings for tourist use, when the cadastral reference provided for in the second transitional provision of Decree 10/2021 has not been communicated before 31 December 2024.
6. In the case of dwellings for tourist use, the failure to submit a new Declaration of Responsibility for renewal after the five-year period established for the validity of the registration, in the form and deadlines indicated in this decree.

 

1. In the case of dwellings for tourist use, the certification by the city council corresponding to the domicile of the dwelling of the final administrative resolution of a file for the restoration of urban legality ordering the cessation of the activity.
2. When it is found that the accommodation is being used in the period declared as tourist for rental as a home or seasonal under the terms established by Law 29/1994, of 24 November, on Urban Leases.
3. The cancellation of the registration in the Tourism Registry in the cases of letters b), c), d), e), g), i) and j) of the previous number, will be resolved after processing the appropriate file, in which the interested person will be given a hearing. The hearing procedure may be dispensed with in the case of letters a), in the case of letter f) when the inspection report states the will of the owner and the owner not to continue to be registered in the Tourism Registry and in the case of letter h) after notifying the interested party of the expiration of the period.

5. Article 33(2) is amended to read as follows:

'Article 33. Advertising of establishments

2. The advertising of dwellings for tourist use must include their number of

record and its exact location."

6. Article 37 is amended with the addition of a paragraph, paragraph 5, with the following wording:

'Article 37. Internal regime rules

5. In the case of dwellings for tourist use, there must be a regulation of internal rules that will include, at least, the rules of coexistence of the community in which it is located, the conditions of use of services and facilities and the regime of admission of domestic animals, to avoid altering normal coexistence or putting the safety or physical integrity of the rest of the clientele at risk. This regime will be mandatory for the users of the accommodation. To this end, the owners of the dwellings for tourist use or the owner of the activity must provide the users with an information form of these rules prior to the accommodation, which must be expressly accepted by the latter.

In the event of non-compliance, the owner or holder of the activity will require the user to cease non-compliance or, in the event of serious non-compliance, to leave the home. If this requirement is not met, it shall duly inform the Police or the competent authority. In the event of eviction, the user will lose all the amounts paid for their reservation, if this has been recorded."

7. Article 47 is amended to read as follows:

'Article 47. Definitions

1. Dwellings for tourist use are those defined as such in Article 65 of Law 15/2018.
2. Tourist housing management companies are considered to be natural or legal persons whose professional activity, whether main or not, consists of the transfer for consideration of the use and enjoyment of at least five tourist dwellings, regardless of whether or not they are located in the same building or complex, and regardless of the title that enables them to do so.
3. Each of the dwellings for tourist use registered in the Tourism Registry must be associated with a unique and individualized cadastral reference that responds to the physical, economic and legal reality of the property or, failing that, if a cadastral alteration is being processed, to the unique registry code of the property.

 

8. A new article, 47 bis, is introduced, with the following wording:

'Article 47a. Municipal report on urban compatibility for tourist use

1. Dwellings for tourist use must have the municipal urban compatibility report for favourable tourist use, the minimum content of which will include the essential identification data of the property, including the complete address, its unique and individualised cadastral reference or, failing that, the unique registration code of the property, the classification of the land, the permitted urban use and the meaning of the report.

This report will be issued by the city council in whose municipal area the property is located for the sole purpose of ensuring that the department of the Administration of the Council responsible for tourism has evidence of the urban compatibility for the tourist use of the property in accordance with the current urban planning that is of application. Consequently, the issuance of this report, even if its meaning is favourable, does not replace any other licences, authorisations, enabling titles or other instruments of urban, environmental or opening intervention mandatory for its use for tourist use.

2. For tourism purposes, instead of the municipal urban compatibility report for tourist use, a favourable certificate issued by the collaborating entities of the municipal administration in the verification of urban planning actions (ECUV) may be provided, provided that the municipal planning is zoned and contains provisions on homes for tourist use.

This certificate will have the same validity and effects as the aforementioned report and must reflect the same content

minimal.

3. In the event that the dwellings that intend to be used for tourist use are located on non-developable land, in addition to the municipal urban compatibility report for tourist use or equivalent document, prior to their registration in the Register, they must obtain the declaration of community interest attributed by the corresponding use and use of tourism or, where appropriate, prove that their exemption has been processed, as well as the corresponding environmental intervention instrument in accordance with current urban planning legislation, if applicable.

9. Article 49 is amended to read as follows:

"Article 49. Design and quality standards applicable to tourist housing. Safety requirements and

accessibility.

1. When, in accordance with municipal planning, tourist housing is installed in buildings whose main urban use is residential housing, they will comply with the design and quality standards in force in the Valencian Community required for residential buildings. In this case, its holders must have the first or subsequent occupancy licence or the equivalent enabling title provided for in Decree 12/2021, of 22 January, of the Council regulating the responsible declaration for the first and successive occupation of dwellings.
2. Tourist housing that is installed in tertiary use premises of newly built buildings will comply with the design and quality standards in force in the Valencian Community required for residential buildings. In these cases, their holders must obtain as many urban and environmental permits as are mandatory for the exercise of the activity.
3. Dwellings for tourist use that are installed in premises for tertiary use of existing buildings, whether or not they come from a change of use, will comply with the design and quality standards for residential buildings with regard to the relationship between the different spaces or enclosures, linear dimensions, horizontal and vertical circulations, ventilation and lighting openings, parking and lighting and ventilation of the homes and the building. In these cases, their holders must obtain as many urban and environmental permits as are mandatory for the exercise of the activity.

In the latter case, and in order to facilitate the adaptation of these premises for tertiary use to tourist use and also to guarantee the quality of the tourist offer, when it is not possible to comply in their entirety with all the requirements indicated above, the application of the following flexibility criteria will be allowed:

 

1. In the section on linear dimensions, the overlapping of the figures that can be registered for furniture will be admitted

as long as their use is not prevented for the planned functions taking into account the occupation of the tourist accommodation.

1. When an enclosure cannot fully comply with the required natural lighting and/or ventilation conditions, or the intended tourist accommodation does not have the dimensions of the courtyards defined in the design and quality regulations, complementary measures will be adopted to guarantee compliance, such as, among others and without being exhaustive:
2. º The creation, when possible, of complementary courtyards.
3. º The provision of a greater surface area for lighting and ventilation to the outside, than required by regulations, located in both common areas and accommodation.
4. º Natural lighting and ventilation through translucent façades, roof windows, polycarbonate domes, skylights, skylights on roofs and tubular skylights.
5. º Provision of forced ventilation systems with or without integrated heat recovery, which will provide a sufficient flow of outside air and guarantee the extraction and expulsion of stale air, so that the indoor air quality requirements established in the Regulations on Thermal Installations in Buildings, approved by Royal Decree 1027/2007, are met. of 20 July.

In such cases, it will be certified by a competent technician that, given the impossibility of being able to fully comply with the requirement or requirements demanded in the design and quality regulations, complementary measures or elements have been implemented to compensate for this lack. All this will be recorded in a descriptive technical report.

1. In the case of premises on the ground floor, if there are premises that cannot comply with the above provisions, they must be independent of the resulting tourist dwellings, leaving a record of this in the Land Registry. Access to these areas may only be enabled through common elements of the building.
2. The supervision and control of compliance with the conditions outlined in the previous sections, as well as the requirements of functionality, accessibility, structural safety, safety in the event of fire and safety of use regulated in the technical building code and other applicable regulations, will correspond to the City Councils within the processing of the licenses, authorisations, enabling titles or instruments of urban, environmental or opening intervention that are mandatory in each case, either directly or through the intervention of collaborating entities of the municipal administration.
3. Without prejudice to the conditions indicated in the previous sections, dwellings for tourist use must comply with the minimum requirements established in Annex III, the supervision and control of which corresponds to the department of the Administration of the Council responsible for tourism.

10. Annex III is amended to read as follows:

ANNEX III

Minimum requirements for tourist accommodation

 

Without prejudice to the conditions set out in Article 49 of these Regulations, they shall apply to dwellings

for tourist use the following minimum requirements:

1. ACCESS AND COMMUNICATIONS

–  Evacuation plan of the building on the door of the dwellings or, failing that, emergency instructions at the

several languages.

–  Elevator (from number of floors Ground Floor + 4) (1)

–  Entry of customers, in the case of homes located on ground floors.

–  24-hour telephone service.

 

(1) It must be understood that ground floor + 4 is exempt from an elevator.

2. FACILITIES AND SERVICES

–  Power sockets in all rooms with voltage indicator (1).

–  Hot water.

–  Evacuation plan located on the door of the house.

–  List of emergency and interest telephone numbers located in a visible place.

–  Refrigeration (2) at least in living-dining room or living-dining-kitchen room.

–  Heating (2) at least in living-dining room or living-dining-kitchen room.

–  Internet connection, unless the property is located in a geographical area without coverage.

–  First aid kit.

–  Detailed information about the nearest medical center.

–  List of emergency and interest telephone numbers.

–  Reception service. It is forbidden to hand over keys through boxes located on public roads.

–  Cleaning service (3)

–  Linen Change (3)

–  Repairs & Maintenance (3)

(1)  The voltage indicator next to the sockets may be replaced by a general voltage indication of the entire housing, located in a clearly visible place.

(2)  Always with the possibility of achieving a temperature in accordance with current legislation on the subject

energy saving.

(3)  The provision of cleaning and laundry services, linen change, repairs, maintenance and garbage collection will be governed by the provisions of the contract entered into for the occupation of the accommodation unit. The person responsible for the provision of these services will be the owner or holder of the activity, and must channel the requests of the clientele, being able to offer it directly or through third parties, without the mere indication of a professional or company that provides the service being possible.

The homes must be delivered in the proper conditions of cleaning and maintenance.

3. MINIMUM DIMENSIONS OF DWELLINGS AND THEIR ROOMS:

The minimum dimensions of the dwellings must be subject to those established by the regulations corresponding to their residential use.

4. PROVISION OF DWELLINGS FOR TOURIST USE:

In general, the homes will be equipped with the furniture, cutlery, kitchenware, linen and other utensils and accessories necessary to meet the needs of customers according to their capacity.

All bedrooms will be equipped with a wardrobe, inside or outside it.

The homes will be equipped with internet connection, except for areas without coverage, and a television.

The dwelling shall contain an automatic washing machine, unless it is located in a block, or similar structure, which has a common laundry that includes washing machines and dryers available to customers on the premises itself.

The kitchen will be equipped with at least the following elements:

–  Refrigerator

–  Electric griddle

–  Oven/microwave

–  Fume extractor, hood, etc.

 

–  Minimum two electric stoves when the dwelling does not exceed 4 beds. From 5 places, you must have three

stoves or more.

ADDITIONAL PROVISIONS

Unique. Municipal report on urban compatibility for tourist use

All references made in the tourist regulations to the municipal urban compatibility report will be understood to be made to the municipal urban compatibility report for tourist use, or equivalent document.

TRANSITIONAL PROVISIONS

First. Regulations applicable to files in process

Proceedings initiated prior to the entry into force of this decree-law will continue to be processed in accordance with the provisions of the previous regulations, unless they voluntarily avail themselves of it by means of a written declaration to that effect.

Second. Regulations applicable to current contracts

Those dwellings for tourist use that at the publication of this regulation have been reserved or contracted for a period equal to or greater than 11 days, will maintain the agreed lease period until its end, at which time, they will be subject to the maximum rental period of 10 days computed continuously to the same tenant. established in this regulation.

Third. Transitional regime for the validity of registration

Those dwellings for tourist use that at the time of publication of this regulation are already registered in the Tourism Registry after the entry into force of Law 15/2018, June 7, of the Generalitat, on tourism, leisure and hospitality of the Community, will maintain the validity of the registration for the exercise of the activity for a period of 5 years from the entry into force of this regulation, After which, they must submit a new declaration of responsibility for renewal with the content and requirements established in article 23 bis of this decree.

Those dwellings registered prior to the entry into force of Law 15/2018, of 7 June, of the Generalitat, on tourism, leisure and hospitality of the Community will only be required to present the declaration responsible for renewal, although only referring to compliance with the minimum requirements of Annex III.

Fourth. Period of adaptation of homes for tourist use registered in the Tourism Registry of the Valencian Community

Dwellings for tourist use in any case will have, from the entry into force of this regulation, a period of 5 years

to adapt to the requirements set out in Annex III.

REPEALING PROVISION

Unique. Regulatory repeal

Any provisions provided for in regulations of equal or lesser rank that are contrary to the provisions of this decree-law are repealed.

 

FINAL PROVISIONS

First. Modification of Legislative Decree 1/2021, of 18 June, of the Council approving the text

of the Law on Territorial Planning, Urban Planning and Landscape

Point 2 of the Fourth Additional Provision of Legislative Decree 1/2021, of 18 June, of the Council approving the revised text of the Law on Territorial Planning, Urban Planning and Landscape, is amended with the addition of a new letter, e), with the following content:

e) To issue the urban compatibility reports for tourist use contemplated in the regulations governing housing for tourist use, provided that the corresponding municipal planning is zoned and includes provisions on such housing".

Second. Range of amended regulatory provisions

The regulatory rules that are subject to modification by this Decree-Law retain their previous regulatory status and nature, which means that they may be modified or repealed through a subsequent regulation of equal or higher rank.

Third. Entry into force

This Decree-Law will enter into force on the day following its publication in the Official Gazette of the Generalitat

Valencian.

 

Ontinyent, August 2, 2024

Carlos Mazón Guixot

President of the Generalitat

Nuria Montes de Diego

Minister of Innovation, Industry, Trade and Tourism