Updates to tourist rental regulations in the Community of Valencia

The Community of Valencia implemented new regulations for tourist rentals on August 2, 2024, through Decree Law 9/2024. The changes are aimed at balancing tourism growth with housing availability and urban planning. Here are the main points, enhanced with additional perspectives:

Limits of tourist rental licenses in a given area:

Now municipal councils have the authority to set a limit on the number of tourist rental licenses in certain areas. This arrangement helps manage the density of tourism and its impact on residential neighborhoods. Therefore, property owners need to understand local regulations before deciding to invest.

Mandatory certificate of the housing community:

Property owners must confirm whether the residential community has any restrictions on tourist rentals. Although certification from the community is usually not required by municipal authorities or the Tourism Registry (except in certain cases), it is important to verify this information in advance. If the community objects to tourist rentals, it must formalize its position through a notarized and registered document. Merely discussing the issue at community meetings is insufficient. Some communities may not issue official certificates, but will provide the necessary information.

Validity of rental license:

Tourist properties in Valencia must register with the Tourism Registry. They must then renew their registration every five years and comply with certain regulations. Properties registered before August 7, 2024 remain valid until August 8, 2029, when they must be renewed under the new decree. To register or renew, owners must submit a declaration of compliance, a cadastral reference of the property, rental periods and a positive urban planning compliance report. Registration is done online only (GVA platform), and violations, such as exceeding rental days or lack of documentation, can lead to deletion from the register. A new registration is also required in the event of a change of ownership. Existing registrations can be checked through the registry's official portal.

Rental Term Restrictions:

Rentals for up to 10 days are considered tourist rentals. In fact, it requires a tourist license to operate legally in this category. Rentals lasting 11 days or longer are no longer classified as tourist rentals. Instead, it falls under short-term rentals or leases, which are governed by different regulations. Property owners with a tourist license have the option of mixed-use rentals. Mixed rental includes both tourist and non-tourist rentals, but certain rules must be followed. It is important to notify the Tourism Registry of any changes in the rental period of the property. Make sure that tourist rental contracts do not exceed 10 days per adult person. The system distinguishes between short-term tourist stays and long-term rental contracts, ensuring compliance with tourism and rental regulations.

Urban Compatibility Report:

Property owners must submit a positive urban compliance report from a local authority to confirm compliance with local zoning regulations. Alternatively, it is possible to submit a certificate from authorized institutions to streamline the process. This will also be required for license renewal, so it is recommended to apply for this report well in advance.

Key transfer regulations:

The decree prohibits the use of public key boxes. Property managers must directly transfer keys or provide secure alternatives that do not violate public space regulations.

Display information:

All advertisements must state the exact location and registration number of the property. In addition, facilities must prominently display their registration certificate and compliance logo at the entrance.

Rules of Use:

Owners must provide guests with internal regulations outlining the rules of the community, use of the facilities and pet policies. Guests must read and accept these rules at the time of check-in.

Accessibility Standards:

Properties must comply with current building codes, including accessibility requirements, fire protection measures and energy efficiency certificates.

Room Rental:

Rental of single rooms for tourist purposes remains prohibited in most areas to preserve quality and minimize disturbance in residential areas.

Accountability and oversight:

Although property owners have overall responsibility, they can delegate operational management to commercial managers. However, owners are liable for violations if they fail to provide data to the manager.

Deadline December 31, 2024:

Likewise, all properties with tourism uses had until December 31, 2024 to report the property's cadastral reference; otherwise they would be removed from the Registry, as urban planning. Here are the main points, the deadline “was not subject to extension.”

When there is a change associated with a tourism-licensed property, it can be for two main reasons:

Change of ownership - if the property is sold, a new compliance report must be requested on behalf of the new owner, and the tourist license must be updated accordingly.

Change of license holder - for example, when the management company that held the license ceases operations and the owner decides to manage the property directly, or when joint ownership expires and it is necessary to transfer the license to a new individual holder.

Owners must ensure compliance with additional documentation requirements, such as municipal community certificates, to maintain or obtain licenses.

If you have any questions or need clarification, please contact us; don't hesitate to call us. We are here to help you and will be happy to answer any questions.