TEN CHANGES IN THE NEW DECREE FOR TOURIST ACCOMMODATIONS
These are the regulations that have changed, and you must comply with new requirements according to Consell Decree-Law 9/2024, published on 7 of August 2024.
Below you find listed the main changes for touristic rental:
- A RENTAL LIMIT OF 10 DAYS PER CLIENT
The new decree only considers a property as a tourist accommodation if it is rented out entirely (it cannot be rented by rooms) for 10 days or less to the same tenant. This is what differs tourist accommodations from other short-term rental properties, which are regulated by national law. Properties booked for 11 or more days before the decree comes into effect (before 8 of August, 2024) can maintain the agreed rental period until the contract ends. Additionally, a property can only be classified as tourist accommodation if it has a favorable urban compatibility report and a unique Cadastral reference, which must be included in the rental contract. A property can be rented as a tourist accommodation (for 10 days or less) during the tourist use period specified in the Register of the Tourism of the Valencia Community, and rented for other purposes (with contracts exceeding 10 days) outside that period. - COMMUNITY CERTIFICATE
To register a property, a certificate is required proving that the homeowner’s association does not prohibit using the building’s properties for non-residential purposes, such as tourism. - REGISTRATION EXPIRES EVERY 5 YEARS
All tourist accommodations must be registered in the Register of Tourism of the Comunitat Valenciana and have a registration number. This registration must be renewed every 5 years. If you have a tourist accommodation registered before the new decree (before 7 of August 2024), your registration is valid until 8 of August, 2029. After that, you must process a new registration according to the new decree. To register or renew a property, you must complete a declaration of responsibility, indicating compliance with the applicable regulations, include the property’s cadastral reference, specify the period of tourist rental, and have a favorable urban compatibility report from the local council. The registration process can only be done online. Failing to provide the cadastral reference or renting the property for more than 10 days during the tourist rental period are reasons that may result in the loss of registration. In addition to renewing every 5 years, a new registration must be processed when the property owner changes. The property owner and the commercial manager can be different. The registered commercial manager will be responsible for the operation, but the property owner will have subsidiary liability for illegal offers or clandestine activity if they do not provide the manager’s identity. If you have a registered property, you can check the details on the Register of Tourism website. - NEW DECLARATION OF RESPONSIBILITY EVERY 5 YEARS
To renew the registration, the declaration of responsibility must be updated one month before the end of the 5-year period, providing an updated urban compatibility report. The data to be updated in the new declaration vary depending on whether the property was registered before or after the decree came into effect. Different information is required if the property was registered before the Tourism Law of 2018 (before 8 of July, 2018). Properties registered before 2018 only need to make a declaration of responsibility, stating they meet the minimum requirements indicated in Annex III of the new decree regarding access, installations, minimum dimensions, and equipment. Once the declaration of responsibility has been submitted, the tourist accommodation activity must begin within two months. - SIMPLIFIED URBAN COMPATIBILITY REPORT
To streamline the urban compatibility process, the new decree allows requesting it directly from the local council or presenting a certificate issued by one of the Administration’s Urban Verification Collaborating Entities (ECUVs), registered with the Conselleria of Environment, Infrastructure, and Territory, provided the municipal planning defines distinct areas and provisions for tourist accommodations. This certificate holds the same validity as the municipal report and must reflect the same content: essential identification details of the property, including full address, unique cadastral reference, land classification, and permitted urban use. If the tourist accommodation is located on non-developable land, it must also have a declaration of community interest. - EXACT LOCATION OF THE PROPERTY AND REGISTRATION NUMBER IN ALL ADVERTISING
All advertising must include the exact location of the property and its registration number in the Register of Tourism of the Valencian Community. Failing to provide this information will be considered a serious offense. Additionally, both the Register of Tourism and the rental contract must include the property’s unique and individualized cadastral reference. If the property does not have this reference in the Register, it will be de-registered after 31 of December, 2024. Furthermore, the tourist accommodation badge, with the registration number and the logo of the Valencia Community, must be displayed either at the entrance or inside. The official format is available on the website of the Tourism board of the Valencia Community. - RULES OF CONDUCT AND USAGE OF THE ACCOMMODATION
Every tourist accommodation must have internal regulations that include:
- The community’s rules and regulation of conduct
- Conditions for the use of services and facilities
- The admission policy for pets. These rules are mandatory for guests, and the property owner or operator must provide them with a form to acknowledge and accept the rules.
- NO KEY BOXES ON THE STREET
The decree prohibits handing over keys to tourists through key boxes located on public streets. The tourist accommodation must have a cleaning and linen change service, as well as a repair and maintenance service. Simply providing the contact information of a professional or company for repairs is not allowed. - MINIMUM DIMENSIONS, PROPERTY REQUIREMENTS AND SERVICES
Tourist accommodations must meet the minimum dimensions required for any residential property. They must also ensure proper lighting and ventilation. The decree specifies in Annex 3 all mandatory installations, services, equipment, and access for tourist accommodations. The accommodations must have an evacuation plan posted on the door or emergency instructions in multiple languages, an elevator for buildings with four or more floors, customer access for ground-floor units, and a 24-hour emergency contact service or person. The accommodations must have electrical outlets in all rooms, with voltage indicators, hot water, a list of emergency and important phone numbers displayed visibly, heating and air conditioning in the living/dining area, internet connection (unless the property is in an area without internet coverage, usually rural properties), a first-aid kit, and detailed information about the nearest medical center, among other requirements. Every tourist accommodation must have a washing machine unless the building has a communal laundry available to guests. Kitchens must have at least a refrigerator, electric stove, oven/microwave, exhaust fan, and a minimum of two electric burners if the property has a capacity of up to four guests. For properties with five or more guests, there must be at least three burners. The decree allows five years for current tourist accommodations to adapt to the new requirements. - FINES AND LIABILITY
The decree provides for serious and very serious offenses with fines of up to 600.000,-€. A very serious offense includes renting by rooms or overbooking the property leaving tenants in the street. Serious offenses include failing to provide the exact location of the property and registration number in all advertising, not properly notifying changes in ownership, or failing to provide the identity of the operator. The aim of this new decree is to combat illegal rentals and unfair competition, provide accurate and updated data on all tourist accommodations. To ensure a higher administrative efficiency and legal certainty for property owners, managers and tourists. According to the Tourism Register, there are over 100,000 tourist accommodations in the Valencian Community.
