I considered renting my place out but the European Law for Spain's holiday rentals really put me off. The test case in 2014 ECJ C-127/12 states the following (not an exhaustive list):
Air con in every room (not portable)
Heating for the winter in every room (not portable)
With fi access in every room
Comments book
Energy certificate on display
How many rental properties comply?
Cal
Those are not the rental regulations within the Valencian Community Calsh. Also the only reference I can find to the above case is to do with Spanish Inheritance Tax?
Touristic Rental Laws
Definition
Over the last two years almost every autonomous community in Spain has zealously ruled on what is known as ‘viviendas de uso turístico‘ or private holiday rentals. These are laws which seek to regulate short-term lets from private individuals and bring them in line to minimum lodging standards. The laws in all autonomous communities are fairly similar so a couple of common denominators can be extrapolated. A touristic let is generally defined by two elements:
A dwelling that is offered on a short-term rent to tourists employing the media (internet, newspapers, magazines, travel agencies etc.). There is great diversity in the offered lodging and may range from a letting a whole detached villa in a luxurious seaside resort to renting a single room in a Bed & Breakfast. Some communities expressly bar the possibility of renting a single room.
The property is let out one or more times a year for a period that normally exceeds one month i.e. summer lets or winter lets in ski resorts. But they can also be rented for days, weeks or months.
Excluded Properties
In general, properties that meet the following criteria would be excluded from this regulation and would fall under Spain’s Tenancy Act (Ley 29/1994, de Arrendamientos Urbanos).
Property that is lent to friends/family without any compensation (monetary or otherwise).
Property that is let to the same person/s for a period that exceeds three months in a year.
Rural property which falls under its own regulation.
Landlords who own three or more properties in the same development or ‘urbanización’ fall under a different regulation.
No more than fifteen people can live in the same property.
Requirements
Touristic lets are generally obliged to meet the following criteria which by no means is a closed list (I only highlight the main ones). For an accurate list you should check the touristic rental law of the autonomous community where your property is located.
The property must have attained what is known as a First Occupancy Licence (also known as Licence of First Occupation, Licencia de Primera Ocupación, Cédula de Primera Habitabilidad, Cédula de Habitabilidad or Cédula de Ocupación).
Full compliance with planning, health and safety, security and disabled access amongst other laws; both at a national and regional level.
Rooms must be ventilated and have blinds or shutters.
Internet connection available in every room.
Air conditioning unit in every room (as a fixed fixture, not a portable device).
When properties are let during the winter season (October through to April) a heater must be made available in every room that is let (as a fixed fixture, not a portable device).
First aid kit.
Cleaning service at the start of new lodgings.
Rooms must have adequate furniture.
Complaints book.
Touristic guides, maps of the surroundings (books).
Non-Compliance
My advice is that landlords would do well to seek legal advice and determine if their property complies fully with all laws. Failure to comply may lead to stiff fines. Fines range from thousands of pounds to dozens of thousands of pounds.
E.g. landlord has not applied for a touristic letting licence from his town hall or the property is unregistered at the special register for touristic properties.
E.g. landlord is reported because he does not have a ramp built for disabled access.
E.g. landlord does not have a wi-fi connection set up.
E.g. landlord has not attained a Licence of First Occupation from local planning authorities.
Cal
