Decree Law 9/2024, approved by the Valencian Government in August 2024, has introduced significant changes for tourist-use properties that directly impact both property owners and investors.
If you own a property that is rented for tourist purposes, these changes have important implications for your activity. Below, we explain the key aspects of the new regulations.
One of the most important changes in the decree is the obligation to specify the exact period during which the tourist activity will be carried out. This means that the property can only be rented for tourist purposes during the periods declared in the “responsible declaration”.
Tourist rentals are limited to a maximum of 10 consecutive days per guest. If you wish to rent your property for 11 days or more, you must formalize a contract in accordance with the Urban Leases Law (LAU), which regulates seasonal and long-term rentals.
A single property can be rented for tourist purposes (10 days or less) during the period indicated in the Turisme Comunitat Valenciana Register and rented for another type of use (with contracts that may exceed 10 days) outside of that period.
If the property is rented for other purposes during the period declared as tourist use without notifying the modification of the period, it will result in the removal of the property from the Register.
Consequences of renting for 11 days or more:
• It will no longer be considered a tourist property, and other regulations, such as the LAU, will apply.
• You won’t be able to advertise your property on platforms like Airbnb or Booking as tourist.
• You won’t be able to register guests on the Civil Guard’s travelers’ portal (the mandatory registration system).
You must provide proof that the homeowners association does not prohibit the use of the building’s properties for non-residential purposes, such as tourist use.
Another key point is the obligation to include the unique cadastral reference of the property in the responsible declaration and in all advertising.
The new decree also prohibits renting individual rooms within tourist-use properties.
The registration of tourist properties in the Valencian Community’s Tourism Register is valid for 5 years. If your tourist property was registered before August 7, 2024, your registration is valid until August 8, 2029.
The month before the end date, it will be necessary to renew the registration by submitting electronically:
• A new responsible declaration confirming compliance with all required regulations.
• The cadastral reference of the property.
• The period of the year in which it will be rented for tourist purposes (10 days or less per guest).
• A favorable urban compatibility report from the City Council.
The responsible declaration must include the identification of the activity’s owner, including a phone number and an email address, as well as the identification of the property owner if they are different individuals.
The regulations require that the advertising of tourist properties includes:
• The exact location of the property.
• The registration number.
Failure to comply with this requirement could result in a serious violation, with fines of up to 100,000 euros.
Very serious violations, such as renting by rooms, can result in fines of up to 600,000 euros.
The rental contract must include the unique cadastral reference of the property. If the property does not have this reference in the Register, it will be removed by December 31, 2024.
You must also display the tourist property sign with the registration number and the Valencian Community logo, either at the entrance or inside the property.
Tourist properties must have internal regulations, including rules for coexistence and the use of facilities, such as the acceptance of pets.
Owners can enforce these rules with tenants and, in case of infringement, have the right to ask tenants to leave the property. If the tenant does not comply, the owner can report it to the police or the competent authority.
The decree prohibits delivering keys to tourists via lockboxes located on public roads.
Annex III of Decree Law 9/2024 establishes a series of minimum requirements that tourist-use properties must meet to ensure service quality.
These include:
• 24-hour reception and customer service.
• Prohibition of key delivery through street lockboxes.
• Adequate maintenance of the property, including cleaning and linen services.
• Compliance with design, quality, accessibility, and safety standards for the property.
• Other basic services that must be available to tenants during their stay.
You can read a translation of Annex III here
ANEXO III
Minimum requirements for tourist-use properties
Without prejudice to the conditions established in Article 49 of this regulation, the following minimum requirements shall apply to tourist-use properties:
(1) Ground Floor + 4 should be understood as exempt from the elevator requirement.
(1) The voltage indicator next to the electrical outlets may be replaced by a general voltage indication for the entire accommodation, placed in a visible location. (2) Always with the possibility of achieving a temperature in accordance with current legislation on energy savings. (3) The provision of cleaning, laundry, linen change, repair, maintenance, and waste collection services will be governed by the contract established for the occupation of the accommodation unit. The person responsible for providing these services will be the property owner or the operator of the activity, who must process client requests, either offering the services directly or through third parties, without merely indicating a professional or company providing the service.
Properties must be delivered in proper cleaning and maintenance conditions.
All bedrooms must have a wardrobe, whether inside or outside the room. Properties must have internet connection, except in areas without coverage, and a television.
The property must contain an automatic washing machine, unless it is located in a building or similar structure that has a communal laundry with washers and dryers available to clients on the premises.
The kitchen must have at least the following items: – Refrigerator. – Electric iron. – Oven/microwave. – Smoke extractor, hood, etc. – At least two electric stoves if the property accommodates up to 4 people. For 5 or more people, there must be three or more stoves.
If the tourist property owner changes, a new responsible declaration must be submitted, along with the urban compatibility report, to confirm that the property continues to comply with applicable regulations.
The property owner and commercial manager can be different individuals.
The registered commercial manager is always responsible for the operation of the property, but the owner is subsidiarily responsible in case of violations related to illegal offers or clandestine activity if the manager’s identity is not provided.
If you own a tourist property, it is crucial to adapt to these new regulations to avoid fines and ensure legal compliance.
A 5-year period has been set for compliance with the Annex III requirements. However, more than just adapting, it is mandatory to meet all current regulations. This includes, among other obligations, communicating the cadastral reference, respecting the 10-day rental limit, and ensuring that the property’s exact location and registration number are included in all advertising.
• Submit the property’s cadastral reference by December 31, 2024.
• Adaptation period until August 8, 2029, for the new requirements in Annex III.
• Submit the property’s cadastral reference by December 31, 2024.
• Valid until August 8, 2029.
It’s important for tourist property owners in Valencian Community to adapt to the changes introduced by Decree Law 9/2024 to avoid fines and ensure compliance. Review each key point and, if you have any specific questions, contact us to comply with the current regulations and maintain your activity smoothly.
Check the data for your tourist license in the Tourism Register: https://cindi.gva.es/es/web/turisme/llistat-oficial-empreses-turistiques.
If your property is already registered, make sure to meet these new requirements before the deadlines. For personalized advice, don’t hesitate to contact us, and we will help you ensure your activity remains within the legal framework.
We want to help you navigate all the legal complexities that come with your home buying in Spain, but this article is legal information and should not be seen as legal advice.