The recent Decree Law 9/2024 from the Consell brings substantial updates to the regulation of tourist rentals in the Valencian Community. Aimed at enhancing transparency and fostering a harmonious relationship between tourists and local residents, these changes will impact both property owners and tenants. Here’s a breakdown of the key updates to keep you informed and compliant.

1. Maximum Rental Period

Tourist accommodations can now be rented for a maximum of 10 days to the same tenant. This measure distinguishes tourist rentals from other rental types and enhances regulation within the tourism sector.

2. Prohibition of Room Rentals

Renting individual rooms within registered tourist accommodations is now prohibited. This includes listings on platforms like Airbnb, and advertising such arrangements is also banned.

3. Unique Property Identification

Every tourist property must have a unique cadastral reference, ensuring a transparent system for tracking and inspecting these properties.

4. Municipal Compatibility Report

A new requirement mandates that tourist accommodations obtain a municipal report confirming the property’s suitability for tourist use. This report must be acquired from the local municipality and is essential for obtaining a tourist license.

5. Community Approval Certificate

Owners of flats in communal buildings must secure a certificate from the community of owners to confirm that tourist rentals are permitted. Without this approval, renting out the property is not allowed.

6. Exclusive Tourist Use

Properties designated for tourist use cannot be rented out for any other purpose during the declared tourist period. Failure to comply may result in removal from the tourist register.

7. License Validity and Renewal

Tourist licenses will now be valid for five years, after which they must be renewed. This ensures ongoing compliance with standards and quality.

8. Mandatory Advertising

Once a tourist license is granted, owners have two months to advertise their property. Failing to do so will result in the revocation of the license.

9. Disclosure of Location and License Number

All advertising must include the exact location of the property and its registration number in the Tourism Register of the Valencian Community. Omitting this information will be treated as a serious violation.

10. Inactivity Clause

Tourist licenses will be automatically canceled if a property remains unrented for over a year, preventing owners from holding onto licenses without actively participating in rentals.

11. Prohibition of Key Boxes

The use of key boxes in public or common areas is banned. Owners must provide a reception service for guests to enhance security and management.

12. Non-Transferability of Licenses

Tourist licenses cannot be transferred with property sales. New owners must apply for their own licenses, ensuring current compliance.

13. Energy Certificate Requirement

All tourist properties must possess a valid energy certificate to promote sustainability and energy efficiency.

14. Increased Penalties for Violations

Fines for non-compliance with the new regulations have significantly increased. For instance, renting rooms is now classified as a serious infringement, with penalties reaching up to €600,000. Landlords are also responsible for any violations by companies or platforms advertising their properties.

15. Vicarious Liability for Owners

Property owners are now vicariously liable for any infringements, whereas previously only marketers faced accountability.

16. Greater Municipal Authority

Local municipalities now have enhanced powers to limit the number of tourist properties in specific areas, allowing them to regulate tourism according to community needs.

17. Transitional Period for Compliance

The new regulations will apply to all properties operating as tourist rentals since 2018, but there’s no retroactive enforcement for previous years. Properties registered within the last six years must adapt to the new rules, with a five-year transition period to ensure compliance.

Stay informed and ensure your operations align with these new regulations to continue thriving in the tourism sector!