Due to the latest changes in We are sure that you will have heard some whispers by now regarding new legislation that was passed in August 2024 regarding Touristic Rentals and rental licenses.
The decree itself is quite confusing and appears to be rushed so doesn’t really make much sense to most people. This may be refined further at a later date but for now, we have translated the important parts as they are currently. We are still awaiting clarification for regulations on rentals of 11 nights or more and we will update you once we know for sure but for now, here is what we do know;
Spain is facing more and more regulations regarding tourist rental properties. Earlier this year, the rules were already tightened in the autonomous regions to which the Costa Brava and Costa del Sol belong, and now a very important change has also been made in the Comunidad Valenciana, the autonomous region to which Costa Blanca and Valencia belong.
Disclaimer: The information in this notification is based on the details provided in the new decree. We do not have any additional information beyond what is included in this message. For specific questions, we recommend contacting your lawyer.
New law for rentals to tourists in the Valencia region
As of August 2, 2024, the new legislation for tourist rentals in the Comunidad Valenciana, the region that includes the provinces of Alicante, Valencia and Castellon, is in force. The new law features 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 August 2, 2024 require a statement from the Homeowners Association stating that tourist rentals are allowed. For existing situations ( from before August 2, 2024), this is not required.
A property may only be rented out to tourists as a whole
Renting out per room is not allowed.
Cadastral reference on official documents and contracts
It is important to include the cadastral reference on official documents and contracts.
A new application 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.
Combination rentals not permitted
If you have a property that you rent out to tourists, you are not allowed to rent out the property for other types of rentals, such as medium (11 nights +) or long-term rentals.
Rent out within 2 months
After obtaining your tourist rental license, you must start the rental within 2 months, otherwise the license will expire.
What are the legal requirements for a tourist rental property?
In addition to the above guidelines, the home itself 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 center.
Key service. Delivery of keys through lockers on public roads is 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.
Official complaints book should be provided.
What should be a minimum presence in a tourist rental property?
The home must be equipped with furniture, cutlery, kitchen utensils and linens. All bedrooms must have a closet, either inside or outside the room. The home must have internet connection and a television except in areas without coverage. The kitchen must include at least:
Refrigerator
Iron
Oven/microwave
Extractor
Minimum 2-burner electric cooktop (homes for up to 4 people).
For homes that accommodate more than 5 people, the kitchen must have at least a 3-burner electric stove.
Fines for non-compliance
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 August 2, 2024. There are three types of transitional arrangements for existing rental licenses:
- For properties licensed before July 1, 2018: These may keep their license without adjustments.
- For homes licensed between July 7, 2018 and introduction of new law: These may keep their license, but must meet new requirements within five years and renew their approval before 2030.
- For new homes after the new law is introduced: These must meet the new rules immediately and renew their approval and other paperwork every five years.
Why this new law for tourist rental?
The new law aims to balance tourism with livability for local residents. Tourism figures reached record numbers in 2023 and 2024. With this law, they want to make sure that tourist rentals are conducted in an organized way so that it remains balanced with other types of tourist accommodations. This ensures a sustainable and quality supply.
In addition, the law helps combat unfair competition from people who rent out their homes illegally. These illegal rentals harm the regulated tourism industry and escape government control. It also leads to black money circulation and can cause conflicts with local residents. The law protects the compliant tourism industry, thereby countering unfair competition.
Rental for 11 days or more
The above guidelines refer specifically to the new law introduced for the autonomous region of Comunidad Valenciana. This is where they mention tourist rentals for anything 10 days or shorter.
Of course, this also provides opportunities for medium-term rentals, which is now from 11 days to 11 months. No specific license is needed for this (as far as we know at this time). The same, of course, applies to long-term rentals from 11 months.
We will keep you updated about seasonal / medium-term rentals as and when we have clarification about them.