How Valencia’s New Tourism Laws Impact Holiday Homeowners

On August 7, 2024, Decree-Law 9/2024 was introduced in the Valencian Community. This new law brings about significant changes to the requirements and management of tourist-use properties in the region. The Valencian Community states that the law is being introduced to promote sustainable tourism, enhance transparency in the industry, balance the activities of tourism with residents, ensure that holiday rentals conform with certain legal and quality standards, and protect local residents’ quality of life. There are mixed opinions about the new law. Some feel it plays to the hands of large hotel chains, while others feel it does little to address key local issues like noise and disturbances.

The decree from Spanish Government’s website: https://www.boe.es/buscar/doc.php?id=DOGV-r-2024-90168

What are the Main Changes to the Holiday Rental Property Regulations

1. Rental duration and property usage

   a) Holiday rentals can now only be rented to the same person for a maximum of 10 consecutive days. This law further distinguishes tourism properties from traditional long-term rentals and short-term rentals not meant for tourism.
   b) Once a property is registered as a tourism property, it cannot be used for residential or seasonal rentals during the declared rental period that you have agreed upon with the Valencian authorities.

2. Advertising Requirements

   Advertisements for holiday rental accommodation must include the property’s address, and its registration number.
   The property must also display this registration number along with the official Valencian Community logo either at the entrance to the property, or inside the property.
   Failing to include the required information in advertisements can result in fines of up to €100,000.

3. No individual rooms may be rented within a property

   Properties registered as tourist accommodations must be rented as an entire unit. Renting out individual rooms is strictly prohibited.
   Note: According to Article 93, point 6, of Decree-Law 9/2024, severe violations, such as renting rooms within a property, can carry fines of up to €600,000.

4. Property identification and documentation

   Each tourist property must have a unique cadastral reference that corresponds with the national land registry. If this cadastral reference is missing from your current license documentation, it must be submitted by December 31, 2024 or your tourist license may be revoked.
   All properties must also provide an energy certificate to meet sustainability standards.

5. Registration and Renewal
   

   Registrations in the tourism registry are now valid for 5 years.
   Owners can renew by,
   a) submitting a new declaration that you confirm compliance with regulations, and
   b) providing once again the cadastral reference, the declared tourist rental period, and an updated municipal compatibility report.
   Note: Renewals applications must be submitted within one month before the registration expires.
   Note: For properties with existing tourist licenses that were registered before August 7, 2024, registrations are valid until August 8, 2029.

6. Change of Property Ownership
   

   Can tourist licenses be transferred?
   No, tourist licenses can no longer be transferred to a new owner if the property is sold.
   If the new owner would also like to utilize the purchased property as a tourism rental, they will need to:
   a) submit a new declaration, and
   b) provide an updated urban compatibility report, and
   c) provide the cadastral reference number, and
   d) submit the exclusive use tourist rental period.
   The process is basically the same as completing a new registration.

7. Compatibility Reports and Permissions
   

   Owners must obtain approval from their local municipality (Ayuntamiento) to confirm that their property meets requirements for tourist use.
   For properties within shared buildings or urbanizations (any complex of residential units with a joint homeowners association), a certificate from the relevant homeowners association is required to confirm that tourist rentals are allowed.

8. Inactivity
   

   Properties that are inactive for more than a year will be automatically deregistered from the tourism registry.

9. Operational Standards
   

   Owners, or their managers, must provide a proper reception service for their guests. The use of key boxes in public areas is not permitted.
   Property owners or their managers must meet guests in person to manage the check-in and check-out process. Guest identities must be verified (e.g., through ID or passport checks) and the house rules, usage guidelines, and emergency procedures must be explained directly to the guests.

Minimum Requirements for Tourist Rental Properties in Valencia (ANNEX III)

1. Access and Communication

• Evacuation Plan or Emergency Instructions:
  You must provide an evacuation plan placed on the door of the property, or alternatively, emergency instructions must be provided in multiple languages.
• Elevator Requirement:
  An elevator is required in buildings with a ground floor and 5 or more levels.
• Ground Floor Guest Entrance:
  Properties located on the ground floor must have a clearly defined guest entrance for clients.
• 24-Hour Emergency Contact:
  A 24-hour emergency contact phone number must be available for guests.

2. Facilities and Services

The following facilities and services are mandatory:

• Hot Water: Ensure reliable hot water supply.
• Voltage Indicators:
  • Signs indicating voltage must be displayed next to power outlets.
  • Alternatively, a general voltage indication must be prominently displayed.
• Emergency Contact List: A visible list of emergency contact numbers is required.
• Climate Control:
  • A cooling system for warmer months and heating system for colder months must be provided in at least the living-dining area.
  • Systems must comply with energy-saving regulations.
• Internet Access: Provide internet access unless the property is in an area with no coverage.
• First Aid Kit: A basic first aid kit must be available.
• Medical Centre Information: Include the address and contact details of the nearest medical centre.
• Check-In and Check-Out Service: A reception or check-in/check-out service is required (key boxes in public areas are prohibited).
• Cleaning and Maintenance: Provide cleaning, linen change, and maintenance services as per the rental agreement.
• Clean and Proper Condition: The property must always be delivered in a clean and proper condition for guests.

3. Minimum Dimensions

• Adequate Space for Living:
  Every tourist rental property and its rooms must meet the minimum size requirements set by local housing laws for regular homes.

4. Furnishings and Amenities

• Bedroom Wardrobe: Every bedroom must have a wardrobe, either inside or nearby.
• Furniture and Essentials:
  Properties must include:
  • Furniture, utensils, cutlery, and linens suitable for the property’s guest capacity.
  • An internet connection (unless coverage is unavailable).
  • A television.
• Laundry Facilities:
  • An automatic washing machine must be provided.
  • If the property is part of a complex with shared laundry facilities, the building must include washers and dryers.
• Kitchen Equipment:
  The kitchen must include:
  • Refrigerator
  • Electric grill
  • Oven or microwave
  • Smoke extractor (e.g., a hood)
  • Electric burners:
    • 2 burners (hot rings) for properties accommodating up to 4 people.
    • 3 or more burners for properties accommodating 5+ people.

FAQs Regarding Valencia’s New Tourist Let Property Rules

For how long are the new tourist rental licenses valid?

Registration is valid for five years. If you would like to extend beyond this period you will need an updated municipal compatibility report and a new license declaration. This needs to be submitted within a month before expiration.

Can you combine winter long lets with your tourist rental license?

Yes. The property can be registered as a tourist rental and used exclusively for short-term tourist accommodation during the tourist rental period(s) that you as the owner declared in your license registration.

Outside of your declared tourist-use periods (for example winter lets), the property may be used for personal use, or long-term rentals. Long term rentals must still comply with Spain’s Urban Leases Act (LAU), which governs residential leases longer than 31 days.

NOTE: It’s crucial to ensure that your declared tourist-use period(s) do/does not overlap with long-term rental periods. This would violate the exclusivity requirement under Decree-Law 9/2024. Tourist properties cannot mix tourist rentals and other forms of leasing within the declared tourist-use period.

Are property owners liable for the actions of their holiday rental agency?

Yes, property owners are ultimately liable if the rental agency (or registered commercial manager) violates regulations, but this liability is subsidiary.
This means the commercial manager, as the registered operator of the tourist property, has primary responsibility for compliance with tourism laws (for example: advertising rules, rental limits, and legal operation).
However, if the property owner cannot identify the manager, or has hired an unregistered or unaccountable business to manage their property, then the owner becomes liable for any violations.

Do you need to include the cadastral number in your advertising?

No. The tourist license number and address is required in your advertising. The cadastral number is required for your license application with the tourism registry of the Valencian community.

What is the Adaptation period for Owners with existing tourist rental licenses?

All vacation rental properties already listed in the Valencian Tourism Registry before the enforcement date of Decree-Law 9/2024 (August 2024) will have 5 years to bring their holiday rental properties into compliance with the new requirements specified in Annex III.

See above: Minimum Requirements for Tourist Rental Properties in Valencia (ANNEX III)

Can local municipalities still issue holiday rental property licenses?

No. In the past, many local ayuntamientos (municipalities) played an active role in the processing of tourist rental registrations.
Some acted as intermediaries between property owners and the regional government by reviewing applications or issuing compatibility reports. And in certain cases, some ayuntamientos directly issued permits or licenses, particularly in areas where municipal involvement was required for urban planning compliance.

Under the new law, the Tourism Registry of the Valencian Community is now the primary authority and solely responsible for approving and registering tourist rental properties.
While the ayuntamientos no longer oversee the issuing of tourist rental licenses, they still play an important role in ensuring compliance with urban compatibility and zoning laws, and issuing municipal compatibility reports.

Concerns Regarding the new Tourism Laws

Do any of the new laws address noise, disturbance, lack of parking, etc?

No, the new laws focus primarily on the administrative regulation of vacation rentals, they do not address noise complaints, loud behaviour, or conflicts between tourists and local residents, which are often the major concerns associated with tourist properties.

What about privacy concerns regarding the forced publication of property addresses?

Publishing the address of a tourist rental property in Spain raises significant privacy concerns under European data protection laws, and in particular the General Data Protection Regulation (GDPR). While transparency is important for regulating tourist rentals, there is an argument that it needs to be balanced with privacy rights.

What about safety concerns regarding the publication of property addresses?

Publishing the exact address of a holiday home can inadvertently expose holiday rental properties to increased risks of theft and vandalism. Of particular concern are the off-peak seasons when these properties are often unoccupied. It’s well documented that many coastal areas in Spain experience surges in burglaries that target second homes and tourist accommodations during periods of reduced occupancy.

A report by Estamos Seguros (launched by UNESPA) highlighted that during the COVID-19 pandemic, burglars shifted their focus to second homes in Spain’s coastal regions due to lockdowns and travel restrictions, leading to a rise in break-ins in these areas.
https://www.idealista.com/en/news/legal-advice-in-spain/2021/03/24/8873-covid-19-causes-an-increase-in-burglaries-in-spanish-coastal-homes

In December 2023, residents of Pinar de Campoverde on the Costa Blanca initiated vigilante patrols in response to a significant increase in home robberies, underscoring the vulnerability of properties during less populated times.

If holiday rental addresses are displayed publicly, this could serve as a roadmap for burglars, who may monitor these properties in order to identify periods of vacancy, particularly during off-seasons.

How to apply for a tourist license registration in the Valencian Community

1. Required Documentation

– A Cadastral identification number for your property. This can be found on your property tax bill (IBI) or on the official Catastro website.

– A Municipal compatibility report from your local ayuntamiento (municipality) verifying that the property complies with urban planning laws and is suitable for tourist use.

– If applicable, a Homeowners Association Certificate. For properties within shared buildings or urbanizations, you will need a certificate from the association to confirm that tourist rentals are permitted.

– A valid Energy Performance Certificate (CEE) that states the property’s energy efficiency.

– A self-declaration form confirming that your property meets all the legal and technical requirements for tourist rental use.

– Proof of ownership such as a cadastral certificate (Certificado Catastral), a property tax bill (IBI), or a notarized copy of the property deed that identifies you as the owner.

For more information you can visit:
https://www.turisme.gva.es
and
https://www.gva.es/en/inicio/procedimientos?id_proc=G19207

2. Submit Your Application

Go to the official website of the Generalitat Valenciana tourism registry.
https://cindi.gva.es/es/web/turisme/registre-de-turisme

You can log in with a valid digital certificate or a PIN (clave).
You can get a PIN here: https://clave.gob.es/clave_Home/PIN24H.html

Application form here: https://www.gva.es/es/inicio/procedimientos?id_proc=19207
Fill in the application form providing details about your property, including the Cadastral reference, address, the declared rental periods (e.g., seasonal or year-round), and the maximum occupancy.
Upload the required documents.
Once submitted, you will receive a confirmation upon successful submission.