Valencia rental legislation summary
he principal changes with a link below to the article.
The main changes introduced by the Consell’s Decree-Law 9/2024 regarding tourist-use housing in the Valencian Community
August 13, 2024
Ernesto Vidal Martín
This Decree-Law was issued at the beginning of August, justified by the Generalitat Valenciana itself due to the urgent need to implement certain measures to put an end to the “uncontrolled phenomenon of illegal housing.”
These measures came into effect on August 8, 2024, the day after their publication in the Official Gazette of the Generalitat Valenciana.
Below, we briefly outline the most relevant changes brought by this Decree-Law to: (i) Law 15/2018 of June 7 on tourism, leisure, and hospitality of the Valencian Community, (ii) Decree 10/2021 of January 22, by the Consell, which regulates tourist accommodation in the Valencian Community as it affects tourist-use housing, as well as (iii) Legislative Decree 1/2021 of June 18, by the Consell, approving the Consolidated Text of the Land Use, Urban Planning, and Landscape Law.
Length of Stays:
To differentiate tourist rental from other rental modalities, stays of 10 days or less to the same tenant will be considered as tourist stays, provided that other legal requirements for tourist-use housing are met.
Prohibition on Renting Rooms: The ban on renting out tourist-use housing by the room remains. Remember that Law 15/2018 already required that the entire property be rented out.
Unique and Individualized Cadastral Reference: Tourist-use properties must have a unique and individualized cadastral reference for each property or tourist housing unit.
In this regard, the Decree imposes an obligation on existing tourist-use properties to report their cadastral reference to the Administration by December 31, 2024. Otherwise, they will be deregistered from the Tourism Registry of the Valencian Community.
Facilitating License Processing:
To expedite the processing of tourist-use licenses, collaborating entities of the Administration (ECUV) are authorized to issue the “equivalent document” to the urban compatibility report, which until now could only be issued by municipal technicians, provided that the corresponding municipal planning is zoned and includes provisions regarding such housing.
Limitations in Planning for Tourist Use:
Municipalities are authorized to introduce, based on general interest reasons, limitations regarding the maximum number of tourist-use housing per building, sector, area, or zone. However, these limitations must always be “proportional.”
These limitations, the regulation states, “must comply with clear, unequivocal, and objective criteria, which have been duly publicized before their application.”
Similarly, municipalities are responsible for supervising and controlling the compliance with the conditions required for tourist-use housing.
Finally, it is anticipated that municipalities that so request may be delegated the authority to conduct and resolve sanctioning procedures for violations related to tourist-use housing located in their territorial jurisdiction, as well as to review in administrative proceedings the acts derived from such sanctioning procedures.
Transitional Regime Regarding the Validity of Registration in the Tourism Registry:
As a general rule, registration in the Tourism Registry is valid for 5 years, after which it must be renewed. However, the Decree-Law distinguishes between:
Tourist-use housing registered in the Tourism Registry after the entry into force of this Decree-Law will maintain the validity of the registration for 5 years, from August 8, 2024, until August 8, 2029, after which a new renewal declaration must be submitted to continue the activity, complying with all the requirements established in Article 23 bis of the Decree-Law.
However, tourist-use housing registered in the Tourism Registry before the entry into force of Law 15/2018 will only be required to submit a renewal declaration, but only concerning the minimum requirements of Annex III.
Certification Requirement for New Tourist-use Housing:
It is also important to note that new tourist-use housing that begins operations after the entry into force of the Decree-Law must provide a registry certification proving that neither the constitutive title nor the community statutes of the property, nor any agreement of the community, prevent the property from being used for purposes other than as a permanent residence.
However, the Decree expressly states that this requirement will not apply to housing registered before the entry into force of this Decree-Law.
Transfer of Property:
In the case of the transfer of ownership of a tourist-use property already registered in the Tourism Registry, the enabling title to operate is lost, and the new owner must submit the corresponding renewal declaration and municipal compatibility report, applying the legal regime and requirements in force at the time of submission.
Requirements for Tourist Housing in Commercial Premises:
As a general rule, tourist housing located in commercial premises of existing buildings (ground floors) must comply with “design and quality standards for residential buildings regarding the relationship between different spaces, dimensions, horizontal and vertical circulation, ventilation and lighting, parking, and lighting and ventilation of the housing and the building.”
However, to facilitate the adaptation of these commercial premises for tourist use, flexible criteria (detailed in Article 3, Section 9 of the Decree-Law, which amends Article 49 of Decree 10/2021 of January 22, by the Consell, regulating tourist accommodation in the Valencian Community regarding design and quality standards applicable to tourist-use housing) will be accepted.
Infractions and Sanctions:
Regarding infractions and sanctions, it is important to note that property owners of tourist-use housing (who may not coincide with the operator) are assigned subsidiary responsibility for infractions related to illegal or clandestine activity in cases where, if requested to identify the individuals or entities responsible for the tourist activity, they fail to do so within the required period.
Additionally, some new grounds for infractions have been added, such as the refusal of property owners of tourist establishments, including tourist-use housing, to provide the identity and contact details of the individuals responsible for the tourist activity, as well as the necessary contract or enabling title for the activity, or any other relevant document. This is considered a serious infraction and may be sanctioned with a fine ranging from 10,001 to 100,000 euros, without prejudice to the possibility of ordering the temporary closure of the establishment or the temporary suspension of the right to conduct the tourist activity.
Service Quality Requirements:
In terms of service quality requirements, the following new measures stand out: (i) the delivery of keys through boxes located on public streets is prohibited, and (ii) there is an obligation to provide a 24-hour contact telephone number.
Thank you to: G_AP