On the 2nd of August 2024, the Valencian Community introduced Decree 9/2024, a new regulation aimed at improving the management and regulation of tourist accommodations. This practical guide outlines the key points of the new law, ensuring that property owners and managers can better understand and comply with the latest rules.
1. Definition of Tourist Accommodation
Tourist accommodation is defined as entire properties rented for a maximum period of 10 days, continuously to the same tenant. Importantly, room-by-room rental is not permitted under this decree. Each property must have a favorable compatibility report issued by the local Town Hall to operate as tourist accommodation.
2. Tenancy Restrictions
The new regulation introduces a 10-day limit on continuous occupancy by the same tenant. Attempts to bypass this restriction, such as making consecutive bookings under different family members’ names, will be detected during the check-in process, as identification must be provided to authorities.
3. Long-Term Rentals
For stays longer than 10 days, different rules apply under national law (Ley de Arrendamientos Urbanos – LAU), which requires a contract that justifies the purpose of the stay, such as for work, medical reasons, or holidays. Notably, these contracts cannot be advertised on platforms like Airbnb or Booking.
4. Tourist License Validity
Since the publication of Decree 9/2024, all tourist licenses in the Valencian Community are valid for five years. To renew, property owners must submit a new compatibility report and confirm that their community does not prohibit tourist rentals. Importantly, licenses must be linked to the cadastral reference of the property, and those that are not compliant will be removed from the registry if they do not provide this information by December 31, 2024.
5. Local Authorities’ Powers
Town Halls are granted the power to limit the number of tourist dwellings in specific areas or buildings. Additionally, they can increase control over the enforcement of these regulations, using local police if necessary.
6. Transfer of Ownership
When a property with a tourist license changes ownership, the license is automatically lost. The new owner must reapply for a license, which includes submitting a new declaration and obtaining approval from the community of owners.
7. General Obligations for Tourist Properties
To legally operate, tourist properties must meet several requirements, including:
- Registration in the Tourism Registry of the Valencian Community.
- Submitting a Declaración Responsable to initiate the activity.
- Possessing a compatibility report and a valid Energy Performance Certificate (EPC).
- Ensuring compliance with safety, accessibility, and quality standards.
- Holding liability insurance and a valid occupancy license (either first or second).
In addition, owners must inform guests of community rules, facility usage conditions, and pet policies.
8. Minimum Requirements for Tourist Properties
Tourist properties must meet specific minimum standards, including:
- An evacuation plan displayed on the door or emergency instructions in several languages.
- A lift in buildings with more than four floors.
- Properties must be equipped with essential amenities such as furniture, cutlery, linen, and kitchenware.
- Internet access (where available) and a television must be provided.
- The property must have a washing machine unless a communal laundry service is available.
Kitchen facilities should include:
- A refrigerator, electric hob, and oven/microwave.
- At least two hob rings for properties accommodating four people or fewer, and three or more rings for larger properties.
9. Reception Services
It is mandatory to provide a 24-hour telephone service for guests. Additionally, it is forbidden to hand over keys through key boxes on public roads.
This guide serves as a simplified version of the official regulations under Decree 9/2024 and is designed to help property owners navigate the updated requirements for tourist accommodations in the Valencian Community.
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