2024 Modification: Registration of Tourist Rental Homes in the Valencian Community

22/08/24

Regulation of Tourist Licenses from August 2024.

Spain has a three-level territorial structure: State, Autonomous Communities, and Local Entities.

This territorial organization directly influences the distribution of powers and their regulation. According to Article 148.1, section 18 of the Spanish Constitution, the Autonomous Communities will assume the “Promotion and regulation of tourism in their territorial scope.”

This is also reflected in Article 49.1.12 of the Statute of Autonomy of the Valencian Community.

Therefore, we focus specifically on the legislation issued by the Valencian Community, which governs tourism activity in the area where all the villas that are part of Abahana are located.

Currently, the applicable regulations establish a secure, clear, and differentiated legal framework:

Decree-Law 9/2024, of August 2, from the Consell, modifying the regulations governing tourist rental homes (DOGV No. 9910, 08/07/2024).
Decree-Law 7/2024, of July 9, from the Consell, on administrative simplification of the Generalitat (DOGV No. 9889, 07/10/2024).
Law 15/2018, of June 7, from the Generalitat, on tourism, leisure, and hospitality of the Valencian Community (DOGV No. 8313, 06/08/2018). Hereinafter, LTOH.
Decree 10/2021, of January 22, from the Consell, approving the regulatory framework for tourist accommodations in the Valencian Community (DOGV No. 9015, 02/08/2021)..
Decree 15/2020, of January 31, from the Consell, on tourist discipline in the Valencian Community (DOGV No. 8734, 02/06/2020).
Decree 1/2022, of January 14, from the Consell, regulating the Tourism Registry of the Valencian Community (DOGV No. 9272, 02/07/2022).

It is worth noting that tourist rental homes are also subject to the requirements of tourism, civil, commercial, health, urban planning, and environmental regulations, issued by the European Union, the State Administration, the Valencian Community, and municipalities, within the scope of their respective powers.

Concept: Tourist Rental Home.

Tourist rental homes are considered to be fully furnished properties, regardless of their type, that are rented for a fee, with immediate availability, for tourism purposes, for a period equal to or less than 10 consecutive days to the same tenant, and that have a favorable municipal report of urban compatibility for tourism use or an equivalent document determined by regulation, as well as, where applicable, the municipal permits required for such use or activity.

Tourist rental homes must be rented in full; renting by rooms is not allowed.

Tourism Registry: Legal Requirement for Renting Your Property?

If you wish to rent your villa in accordance with the regulations, you must register your property in the Tourism Registry of the Valencian Community, which has an administrative and public nature.

This procedure aims to inform the competent tourism authority about any circumstances affecting the activity of tourist rental homes in the Valencian Community: start, cessation of activity, or modifications.

Submission Deadlines.

Throughout the year, according to the following deadlines:

Start of activity: prior to the commencement of the activity.
Modifications: for already registered homes, once the modifications are implemented.
Cessation: after the activity has ended.

Requirements: Responsible Declaration.

It is essential, to start tourism activity, to complete and submit the Responsible Declaration included in the registration process, along with the required documentation.

The responsible declaration, in addition to containing the identifying details of the home, must include the following aspects:

That the property and documentation of the home are available (title deed, rental contract, management authorization between the owner and the company, or another valid document).
That the home meets the requirements established by the regulations for its registration, with the communicated capacity
A favorable municipal report of urban compatibility for tourism use, with the security verification code (CSV).
That the registered cadastral reference is unique and individualized and corresponds to the current physical, economic, and legal reality of the property.
That the first or second occupancy license of the home is available.
That the home complies with the design, quality, accessibility, and safety conditions established by law.
That there is liability insurance or another equivalent guarantee to cover damages and losses that may occur during the activity.
That the home has the licenses, certificates, or authorizations required by other administrations, especially urban planning, environmental, health, and opening, if necessary, and complies with the applicable sectoral regulations.
If the villa is located on common non-developable land, that a declaration of community interest has been obtained that allows tourism use and enjoyment, or that its exemption has been processed in accordance with current urban planning legislation.
The period during which the activity will be carried out in the home.
That legal provisions related to tax, fiscal, and social security obligations are complied with.
That the energy certificate of the property is available.

Resolution: Tourist License.

The registry inscription is declarative and will take effect from the day the responsible declaration is fully submitted. If the inscription is derived from a resolution, it will take effect from the date of its notification or from the moment determined in the resolution.

A positive inscription in the Tourism Registry will result in the assignment of an identification number, which will be communicated to the interested party: the Tourist License, with the format "VT-000000-X".

It is valid for 5 years, renewable.

Appeals.

No appeals are allowed against registration communications.

Appeals against resolutions of inadmissibility of the responsible declaration and improper or canceled registration may be filed with the General Directorate of Tourism within one month from the day following notification of the resolution.

Sanctioning Procedure.

Title II of the LTOH and Decree 15/2020, of January 31, from the Consell, regulate tourism discipline, inspection, and sanctioning authority. A regime is established to safeguard proper regulation of the sector and combat fraud and illegal activities, such as renting tourist homes without the corresponding license.

Inspection personnel have the status of authority in their functions of verification, supervision, and control of compliance with tourism regulations.

Solution: Abahana Villas.

Tourism is a strategic sector in the Valencian Community, reaching 16% of GDP in 2023. The community leads the growth of tourism income in 2024, justifying the development of the regulatory framework in the tourist rental sector.

Abahana Villas has witnessed the evolution of this sector, with a long history as a management entity for tourist rentals in the Valencian Community. Our Legal and Fiscal Department is at your disposal for advice and registration procedures for your tourist villa.