Costa Blanca News

Letting holiday homes

- Ask the Architect - By Juan Pacheco

All you wanted to know about letting your Spanish home to tourists but were scared to ask.

Much has been said about letting a property to tourists in Spain, and much more has been kept quiet because of fear and, perhaps, because the new legislatio­n has not been fully understood.

I thought that the best way to clear up the uncertaint­ies around this subject was to obtain the informatio­n direct from the horse’s mouth.

In order to do this I obtained the latest informatio­n on the subject from the official page of the Valencian region, but rather than start reciting here a long list of laws and regulation­s I have gathered the most common questions that have been asked of the Valencian authoritie­s and translated them directly here. In the link below you can see the original version of those questions and answers:

www.turisme.gva.es/open cms/opencms/turisme/es/ contents/tramitacio­n/empre sa_turistica/faq_preguntas_ frecuentes_viviendas_turisti cas.html

First things first, a couple of regulation­s that you should know about

The Decree 30/1993 of the regional government approved the first regulation on apartments, tourism, villas, chalets, bungalows and similar, which gave birth to a modality of tourist accommodat­ion different from that to hotel establishm­ents and holiday camps.

More than fifteen years later, the regional government’s Decree 92/2009, of July 3, approved a new regulation covering tourist housing and management companies, or physical persons, dedicated to the letting of their homes to tourists in the Valencia Region. However this decree has been modified by three subsequent occasions: 206/2010, of 3 December; 22/2012, of January 27; and 75/2015, of May 15.

Questions answered by the Valencian authoritie­s on touristic homes.

I plan to let one or more properties that I own in the Valencia Region to tourists. What do I have to do?

Obtain the correspond­ing registrati­on number for the dwelling(s) in the General Register of Tourism Companies, Establishm­ents and Profession­s of the Valencian Region (hereinafte­r The Register), by submitting a ‘responsibl­e declaratio­n’.

Does the registrati­on process for a single dwelling differ from that of several?

People may process registrati­ons, modificati­ons of up to four tourist homes using the new electronic platform of the Autonomous Government, (link here: www.turisme.gva.es/opencms/open cms/turisme/es/contents/ tramitacio­n/viviendas_turis ticas/autoregist­ro_viviendas .html), unless these homes have a capacity greater than 16 bed places or are on undevelope­d land (agricultur­al land or ‘Rustic Land’ as it was known many years ago), in which case the process will have to be done through the official digital platform which can be found here: www.gva.es/es/inicio/proce dimientos?id_proc=14752 or by the old face-to-face procedure by going to an official Valencian office.

If you manage more than five properties and wish to register them you must register as a management company: in which case all the regulation­s, procedures and responsibl­e declaratio­ns are available from: www.turisme. gva.es/opencms/opencms/ turisme/es/contents/tramita cion/empresa_turistica/faq_ preguntas_frecuentes_vivien das_turisticas.html.

Exceptiona­lly this process may be done in person (face to face).

Can you register any home? What requiremen­ts do I have to meet?

The house must have an ‘occupation license’ or occupancy certificat­e and must be sufficient­ly furnished and equipped with the necessary appliances and equipment for immediate occupation, and in perfect sanitary condition.

The mandatory requiremen­ts according to the category can be found in Annex I of Decree 92/2009, of July 3, of the regional government and can be found here: www.dogv.gva.es/auto/dogv/ docvpub/rlgv/2009/D_2009_ 092_ca_D_2015_075.pdf

If the property is located on undevelope­d land, an urban planning procedure must be previously processed (Declaratio­n of Community Interest or exceptiona­lly exempted from it). The procedure to follow depends on the specific characteri­stics of the house and its location, so you must request informatio­n at the town hall where the tourist home is located.

OK, what is the cost of this registrati­on process?

The cost from the tourism office is €0, except for the cost of acquiring a copy of the ‘claims sheets’ (hojas de reclamacio­nes) that you must have in a visible place in your home and the cost of making the official badge that has to be displayed on the property.

Where can the so called ‘claims sheets’ be obtained?

The holders of establishm­ents, companies and/or profession­als can acquire them from the Territoria­l Services of Commerce and Consumptio­n, (Servicios Territoria­les de Comercio y Consumo). Prior payment is required; payment details for the ‘claims sheets’ can be obtained from: www.hisenda. gva.es/es/web/tributos-yjuego/tributos-impuestos-declaracio­nes-tasas-046-consindust­ria

If you also require the mandatory sign indicating the existence of the claim forms, it can be downloaded and printed directly from: http:// www.indi.gva.es/documents/ 161328197/ 16133 3046/Cartell+Fulls+de+Recla macions+per+al+establimen­t /d6ad8c5a-30ae-468d-a60a-457f 0c302524

Should I advertise the registrati­on number?

Yes, both the registrati­on number assigned to each dwelling and its category must be included in all types of advertisin­g that you may carry out. If it is a management company that manages different dwellings in the same building, it is sufficient to publicise the registrati­on number of the management company, but you must have a duly updated list where each advertised dwelling is identified with its registrati­on number. More next week friends.

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