Legal tip 122. Do I need a license to rent out my apartment? ( Valencia Region)
Do I need a license for renting my apartment in Valencia Region?
The matter has been very recently re-covered by Decree 92/2009 of 3rd of July 2009 .
A tourist house is the building of whatever kind, which is habitually rented out for tourism, leisure and entertainment purposes.
According to the Decree, habituality exists under one of the following circumstances:
a) The house is marketed to the tourists by tourist housing management companies.
b) The house is available to users by their owners or tour operators, irrespectively of the contract time period and provide services of the catering industry.
c) The house is offered through the tourism marketing channels, ie, when it is carried out through tour operators or any other sales channel for tourism, including the Internet or other new technologies.
This Decree stablishes standards for quality of the apartments and ways of regulating the internal use of both apartments and facilities. It offers too some rules for the classification of the touristic houses into grades acording to requirements fixed in its annex ( described below in this article)
According tho the new regulation prices will be adequate to the quality of goods and services and any related taxes need to be inlcuded in the amount showed in the publicity. Deposits will never be higher to 250 € unless othersise freely agreed by both parties.
Provision 8 of the new Decree stablishes that there is an obligation of communicating the touristic character of the house and to apply for the registration and classification if you are marketing more than one touristic house. If you are marketing just one unit, the house will need to meet the requirements for the standard ( lower) category according to this Decree.
ANEX. TECHNICAL REQUIREMENTS FOR THE CLASSIFICATION OF TOURIST HOUSES.
1. Acceses, comunications and parkings
·
|
Superior
|
First
|
Standard
|
· Clients´ entrance
|
Yes
|
Yes
|
Yes
|
· Lifts
|
Yes
|
Yes
|
Yes
|
- From ( Number of floors)
|
Ground+2
|
Ground+3
|
Ground+4
|
· Clients´stairs
|
Yes
|
Yes
|
Yes
|
· Párking for clients
|
Yes
|
Yes
|
-
|
2. Facilities and services
·
|
Superior
|
First
|
Standard
|
· Thermical and acustic insulation in every area (*)
|
Yes
|
Yes
|
Yes
|
· Audio-ambient level by facilities (**)
|
|
|
|
· Power points in every room including voltage (***)
|
Yes
|
Yes
|
Yes
|
· Medium lighting level
|
|
|
|
According to recommendations by the Valencian Enenrgy Agency
|
|
|
|
· Cooling system (****)
|
|
|
|
Bedrooms
|
Yes
|
-
|
-
|
Commun rooms
|
Yes
|
Yes
|
-
|
· Central Heating (****)
|
|
|
|
Bedrooms
|
Yes
|
Yes
|
-
|
Commun rooms
|
Yes
|
Yes
|
-
|
· Telephone or Internet connection
|
Yes
|
-
|
-
|
· Hot water
|
Yes
|
Yes
|
Yes
|
· Commun gardens
|
Yes
|
-
|
-
|
· Pool ( replaceable by forward edge of beach)
|
Yes
|
Yes
|
-
|
· Individual safety boxes
|
Yes
|
Yes
|
-
|
· Evacuation plan posted on house entrance
|
Yes
|
Yes
|
Yes
|
· List of important telephone numbers in visible place
|
Yes
|
Yes
|
Yes
|
Cleaning, laundry, lingerie change, reparations, maintenance and trash removals will be accordiong to agreements between parties.
(*) According to applicable legislation.
(**) According to Law 7/2002, of Valencian region on acustic contamination.
(***) Voltage indicator and power points can be replaced by a general indication on voltage on the whole dwelling, placed in a visible area.
(****) Always with the possibility of obtaining a certain temperature according to the applicable legislation on energy saving. Control in “ superior” category can be made for each enclosure and , for the rest of the categories, can be commun for the whole house.
3. House sizes
·
|
Superior
|
First
|
Standard
|
· Double bedroom in Squared meters ( m2), closet including
|
12
|
10
|
8
|
· Main bedroom in m²(*), closet including
|
14
|
12
|
10
|
· Single bedroom in m2, closet including
|
9
|
8
|
6
|
- For each bunk bed, addittional m2
|
-
|
4,50
|
3,50
|
· Living-Dining room/Kitchen in m²
|
26
|
22
|
18
|
· Living-dining room in m²
|
20
|
17
|
14
|
· Bathrooms or toilets (**)
|
Yes
|
Yes
|
Yes
|
- Surface in m²
|
6
|
5
|
4,5
|
- Number according to occupancy:
|
+ 4 people
1 bathroom
1 bathroom
or toilet.
|
+6 people
2 bathrooms or toilets
|
-
1 bathrom or toilet
|
· Kitchen in m²
|
8
|
7
|
5
|
· Laundry room
|
Yes
|
-
|
-
|
· Studio apartment (***) in m² (****)
|
34
|
29
|
24
|
(*) One per house as minimum.
(**) Bathrooms will have bathtub with shower, washbasin and toilet.
In superior category, if there is just pone hygiene room, it will be a bathroom ( with bathtub and shower) if two existing: one will be a bathroom and the other one a bathroom or a toilet..
(***) House units composed by a jopinmt living room and bedroom, kitchen and bathroom.
(****) Bathroom not included .
4. House´s equipment
· Houses will have, in general, all the furnitures, cutlery, household items, lingerie and items needed for the necessities of the occupants according to its capacity.
· All bedrooms will have a closet, regardless the category of the apartment.
· Houses of superior and first category will have a Colour TV.
· Kitchen will have:
·
|
Superior
|
First
|
Standard
|
- Cooker (*)
|
Yes
|
Yes
|
Yes
|
- Fridge
|
Yes
|
Yes
|
Yes
|
- Electric iron
|
Yes
|
Yes
|
Yes
|
- Oven/Microwave
|
Yes
|
Yes
|
Yes
|
- Range hood.
|
Yes
|
Yes
|
Yes
|
- Automatic washing machine
|
Yes
|
Yes
|
-
|
- Dishwasher
|
Yes
|
-
|
-
|
(*) Cooker will have at least two burners when the occupancy is not higher to 4 people, and 3 or more burners if the occupancy does not exceed 4 people.