Tate House Holiday Rentals – Regional Tourist Licenses
Independent Holiday Properties / Rentals
New legislation is in effect for tourist rentals in Valencian Region, and this presents a significant opportunity for investors and second home buyers.
Disclaimer: "The information for this POST is based on the details provided to us by Real Estate Solictors/Lawyers
We do not have any additional information beyond what is included in this POST. For specific questions, we recommend contacting a Solicitor.
New
law for Holiday Rental Properties to tourists within Valencia Region"
As of 2nd August 2024, the new legislation will be in effect for Tourist Rental Properties within the Comunidad Valenciana, the region that includes the provinces of Alicante and Castellon, the province of Valencia including Valencia City. The new law has the following guidelines:
All rentals shorter than 11 days are considered Tourist Rentals
Rentals of 11 days or longer are classified as seasonal rentals and are not covered by this law.
Tourism licenses are valid for 5 years as per new law
After that, they must be renewed again for 5 years. The renewal must be submitted to the municipality no later than one month before the end of the 5-year term, and the municipality will re-evaluate the application.
New applications require a statement from the Homeowners Association
New applications submitted after 2nd August 2024 require a statement from the Homeowners Association stating that tourist rentals are allowed. For existing situations from before 2nd August, 2024 this is not required.
In Valencian region, prior to registration with the Tourism registry, it is necessary to obtain an urbanistic certificate from the Town hall confirming the property is suitable to be used for touristic rentals. Town Halls charge a fee of approx. 70-90 euros for issuing the certificate and it can take up to 2 months to be issued. It is important to note that in Comunidad Valenciana you must rent the property fully, not by rooms.
Cadastral reference details on official documents and contracts
New applications must be submitted in the event of a change
In case of renovation, new construction, sale, donation or inheritance, a new application for tourist rental must be submitted for the property in question.
Rental must commence within 2 months.
After obtaining a tourist rental license, rentals within 2 months otherwise the license will expire.
Legal requirements for a Tourist Property?
In addition to the above guidelines, the Property must meet some basic characteristics as well.
There should be an evacuation plan on the inside of the front door.
An elevator must be provided for a building with 4 or more floors.
Power outlet(s) in all rooms.
Hot water supply available.
A list of emergency and important phone numbers in a visible place.
Cooling (at least in the living room/dining room or kitchen).
Heating (at least in the living room/dining room or kitchen).
Internet connection, unless the home is in an area without coverage.
First aid kit.
Detailed information on the nearest medical centre.
In Person Meet & Greet at the Property, Key Safes are Prohibited.
A cleaning service must be used.
Linen should be changed on a regular basis.
Repairs and maintenance must take place on a regular basis.
What should be a minimum presence in a tourist rental property?
The Property must be equipped with furniture, cutlery, kitchen utensils and linens. All bedrooms must have a closet, either inside or outside the room.
The Property must have internet connection and a television except in areas without coverage.
The kitchen must include:
Refrigerator
Iron
Oven/microwave
Extractor
Minimum 2-burner electric cooktop (Properties for up to 4 people).
For Properties that accommodate more than 5 people, the kitchen must have at least a 3-burner electric stove.
The new law institutes fines for failure to follow the new law, ranging from €10,000 to €600,000, depending on the severity of the offense. Fines can be imposed for failure to correctly state the exact location and registration details of the property in advertisements, failure to report property transfers, or illegally offering tourist rental rooms.
Existing Tourist Rental Licenses
The new law is in effect as of 2nd August 2024, There are three types of transitional arrangements for existing rental licenses:
For properties licensed before 1st July 2018, These may keep their license without adjustments.
For Properties licensed between 7th July 2018 to the commencement of new law: These retain their license, however must meet new requirements within five years and renew their approval before 2030.
New properties after the law has commenced these must meet the new rules immediately and renew their approval and other paperwork every five years.
Why this new law for Tourist Sector?
The new decree aims to balance tourism with liveability for residents, tourism figures reached record levels in 2023 / 2024. With this law, they wish to ensure the tourist rentals are achieved in an organised way that provides parity with other types of tourist accommodations ensuring sustainable quality supply.
Moreover, the law helps combat unfair competition from the black marketers who rent out their properties illegally. These illegal rentals tarnish the regulated tourism industry and escape government control causing conflicts with local residents.
The law protects the compliant tourism industry, thereby countering unfair competition.
Rental of 11 days or more
The above guidelines belong to the new law introduced for the entire autonomous region of Comunidad Valenciana.
Here they refer to tourist rentals for anything 10 days or shorter.
New Opportunities are open for medium-term rentals, which are from 11 days to 11 months. No specific license is needed for this.
The same of course applies to long-term rentals from 11 months. So ideal if you want to invest in a Property in Valencia Region.
Every host or person in charge of any tourist accommodation must complete the traveler registration process, as well as send it to the authorities , regardless of the type of accommodation offered (hotel, rural house, vacation apartment...). Failure to comply with this obligation entails quite high financial penalties Until now, the registration of guests with the authorities has been carried out through law enforcement agencies
As of December 2, 2024, the registration and registration process for travelers must be done through the platform. of the Ministry of the Interior SES.HOSPEDAJES.
What is the SES.HOSPEDAJES platform?
SES.HOSPEDAJES, is a platform developed by the Ministry of the Interior through which natural and legal persons will be able to communicate the data required inRoyal Decree 933/2021 ( Consolidated Text ) and collected through the register ofTraveler Reports . Currently, the platforms of the National Police and the Civil Guard are still usually used to send guest records, however, this method will be replaced by the new SES.HOSPEDAJES platform. On the new platform, more data about guests will have to be provided than the current record , and some of it is very difficult to verify, such as the relationship between guests or their complete address. You can find the complete list of data in Annex 1 of the aforementioned decree.
How can I start using SES.HOSPEDAJES?
Step 1: Enter the SES.HOSPEDAJES platform
To start using SES.HOSPEDAJES , first of all, you must enter the platform. Subsequently, you must look for the section “ Access to the registry of establishments and entities ” and click on the @ Access column .
The person responsible for registering with SES HOSPEDAJES is the person in charge of the accommodation, not necessarily the owner of the accommodation.
- If the person in charge of the accommodation is the owner, it is the owner who must be in charge of registration, as well as obtaining access to SES.Hospedajes.
- If the person in charge of the property is not the owner and is a property manager, it must be the manager who requests access to SES.Hospedajes with their personal electronic certificate.
Step 2: Select identification platform to access SES.HOSPEDAJES
Once this step is completed, you will have to select the “ Identification Platform for Administrations ”, among them “CL@VE PIN”, “DNIE / ELECTRONIC CERTIFICATE”, “MOBILE KEY” or “PERMANENT KEY”.
If you don't have any of these yet, here are instructions on how to get it:
Step 3: Register or modify the details of your tourist accommodation
When you have accessed through one of the identification platforms, you will be able to see 2 options on the screen. If you have already registered on the SES.HOSPEDAJES platform and want to modify some information about your accommodation, clickon the button to access the right. If your intention is to register an accommodation , you must click on the fill out form button on the left .
You will need the digital certificate when you are going to register your property on the Ministry of the Interior platform and obtain access to enter SES.HOSPEDAJES. Check-in Scan will not ask you at any time for access to the platform or for the digital certificate to register guests. On the other hand, it is necessary to have the autofirm@ or cl@ve firma program, to be able to digitally sign the establishment's registration request on the platform.
IMPORTANT : It must be taken into account that since these are government identification tools, external to our platform, technical support is beyond our powers. If doubts arise regarding the use of these tools, consult legal advice.
Step 4: Fill out the form with information about the owner and the accommodation
Next, you must fill out a form with information about the accommodation in question and its owner . At this time, it is important to check the “Sending communications via web service” box , in case data communication tools are used automatically with the authorities such as Check-in Scan .
Step 4: Fill out the form with information about the owner and the accommodation
Next, you must fill out a form with information about the accommodation in question and its owner . At this time, it is important to check the “Sending communications via web service” box , in case data communication tools are used automatically with the authorities such as Check-in Scan .
Do you have more questions on this subject, or do you have another question or want advice on what in this market is now interesting as an investment and/or rental?
Feel free to contact us.