Automatic translation from Google translate:

Do you want to rent your property in the Costa Blanca or in the Valencian region?

How does it work with tourist rentals?

There is a big confusion in the Spanish rental property market in the Valencian Region about the obligations you have when you want to put your property for rent. After many requests on this subject, we decided to write on this topic.

There is a general Decree for touristic activity, the Decreto 92/2009, from 3rd of July 2009.

This decree has the aim to:

– Confirm the legal obligations and responsibilities from landlords
– Guaranty protection of rights of to consumers and users
– Control the activity of the landlords
This law gives the definition of a “Vivienda or Apartamento Turístico”:

It is a property following a few conditions:

• When there is a compensation for the use
• When the apartment is immediately available
• When the “use” of the apartment is “touristic”
• When it’s done on regular basis: (it is the case if one of the next items is true)

-The rent is managed by big tourist operators/companies

-When you publish your property on a tourist communication channel: internet, newspapers, …

-If you provide services (even if not a company): property maintenance, room service, cleaning of the apartment,…

If you rent your property for “living” and not “tourism”, then this regulation is not appropriate. It will be regulated by the general law of renting (or “Ley de Arrendamientos Urbanos”).

Of course, you will need to declare your rental incomes for Spanish Taxes.

If you want to rent your property for touristic purposes you have two kinds of obligations:

1. Formal obligations
2. Tax obligations

This paper will be on the formal obligations, we will devote another article to Tax obligations.

What formalities do you need to fulfil for tourist rental?

You need to register your property to the Holiday Rental Valencian Registry.

• You have one property

There are many interpretations of the law but you need to do it only if you have MORE THAN ONE property for rent. So if you have only one property, this registration is “voluntary”. Please note that if you don’t register your property, you have to inform the tenants that the property is not registered and thus not covered by the legal requirements in the law.

• You have two to four properties

You have to register to the Holiday Rental Valencian Registry as a “particular“

• You have more than four properties:

You have to register for the Holiday Rental Valencian Registry as a “company“.

Even if you have only one property and you decide not to register, your property needs to fulfil a few requirements!

Property requirements

The law created three classifications: “Standard”, “Primary” or “Superior”.

In order to register the property, it needs to qualify for the minimum “Standard” requirements.

Requirements are described in detail in the annexe of the law and are related to the room sizes, Lift, Stairs, Heating, Parking, Hot Water, Evacuation plan, Air conditioning,…

Properties will be offered to customers in a perfect condition, clean,…

Owners can’t demand more than 250€ to clients as deposit unless if customers expressly agreed to a higher amount.

In addition to registering your property and pay taxes, a few more steps are strongly advised: