In an effort to regulate and organise the growing tourist rental market, the Generalitat Valenciana has approved Decree Law 9/2024, which introduces significant changes to the regulations applicable to tourist accommodation in the region. These new rules aim to ensure quality supply, protect coexistence in residential communities and prevent the proliferation of illegal practices in the sector. In this article, we will break down the main provisions of the decree, with a special focus on what it means for owners of tourist accommodation.
Decree Law 9/2024 establishes new regulations for tourist accommodation in the Valencian Community. Here is a summary of all the key points of the decree, as follows simplified:
1. Definition and Duration of Stay
• Maximum stay: It is considered a dwelling for tourist use if it is rented for a period equal to or less than 10 consecutive days to the same tenant.
2. Rental of the dwelling
• Full rental: Only the entire property may be rented. It is forbidden to rent by rooms.
3. Cadastral Reference
• Obligatory Communication: Each tourist dwelling must have a unique cadastral reference. Owners have until 31 December 2024 to communicate this to the Administration, otherwise the property will be removed from the Tourism Register.
4. Validity and Renewal of Licences
• Validity of 5 Years: Tourist use licences are valid for 5 years. At the end of this period, a new responsible declaration is required to renew the licence.
• Renewal for Old Licences: Dwellings licensed prior to the Decree must submit a declaration of second occupation in order to continue operating under the new regulations.
5. Registry Certification for New Registrations
• Community of Owners Certification: To register a new dwelling in the Tourism Registry, it is necessary to certify that there are no restrictions in the statutes of the community of owners that prevent its tourist use.
6. Limitations on the part of municipalities
• Municipal regulation: Municipalities may impose limits on the number of tourist dwellings in certain areas, buildings or sectors, as long as these limitations are justified and proportionate.
7. Adaptation of Commercial Premises
• Design Standards: Dwellings located on commercial premises (such as ground floors) must meet specific design and quality standards, although some flexibility is allowed to facilitate their conversion into tourist accommodation.
8. Owner’s Liability and Sanctions
• Subsidiary liability: Owners are vicariously liable for infringements related to the illegal or clandestine supply of tourist accommodation, especially if they do not identify the managers of the activity.
• Fines: Penalties for serious infringements can range from 10,001 to 100,000 euros, and may include temporary closure of the establishment.
9. Customer Service Obligations
• 24-hour telephone: It is mandatory to have a telephone number that is operational 24 hours a day to deal with incidents.
10. Key handover
• Prohibition of Street Boxes: The delivery of keys through street boxes is not allowed, as a measure to increase security and safety. control.
11. Loss of Licence on Sale of Home
• New Licence After Sale: If a property with a tourist licence is sold, it is not transferred to the new owner. The new owner must apply for a new licence, meeting current requirements.
12. Delegation of powers
• Delegation to local councils: Local councils can request the delegation of powers to investigate and resolve penalties for infringements related to tourist dwellings within its territory.
13. Additional Requirements for the Provision of the Service
• Quality Standards: New quality requirements are imposed, such as the prohibition of handing out keys on public roads and the need to comply with specific safety and accessibility standards.
14. Inspection and Control
• Municipal Supervision: Municipalities are responsible for supervising and controlling compliance with the regulations established for tourist accommodation.
Decree Law 9/2024 marks an important step in the regulation of tourist rentals in the Valencian Community. The new regulations not only impose greater controls and responsibilities on landlords, but also seek to protect local residents and ensure a quality experience for visitors. If you own a property tourism, it is crucial that you familiarise yourself with these changes to ensure compliance and avoid penalties. This new legal framework, although more demanding, has the potential to benefit the entire Valencian tourism sector by promoting more sustainable and orderly tourism.
