TOURIST LICENCE

HOW TO OBTAIN A TOURIST LICENCE IN THE VALENCIAN COMMUNITY

One option to make profit after buying a property in a tourist area is by renting. 

It is essential to obtain a tourist licence, which is mandatory in the Valencian Community.

WHAT IS

For several years, thouse who want to rent their properties for short periods, as well as use advertising platforms such as Booking or Airbnb and do not want to commit any breach, will have to obtain a tourist licence.

Basically, it consists of recording the property in the tourism registry of the municipality where the property is located.

WHAT TOURIST ACCOMMODATION IS CONSIDERED

Commonly there are three possible ways to rent a property:

In this case, the tourist license would be only for short-term (or tourist) rentals, according to the following conditions:

• The rent cannot be for rooms, it must be for the entire property.
• The maximum duration cannot exceed 2 months for the same person
• It must be advertised through tourist platforms
• The rental is made with monetary consideration.
• The aim of the rental is for vacations, tourism or leisure.
• It will be governed according to the tourism and urban planning regulations in force.

DIFFERENCE BETWEEN COMPANIES AND PARTICULAR PERSON

Depending on the number of properties, it will be considered a particular person or business manager.

• In the case of up to 4 properties, it is a particular person.
• For more than 4 properties, it will be considered a bussiner manager.

According to decree 15/2018  of the Valencian Community, it is essential to record the properties in the Tourism Registry of the Valencian Community.

HOW TO OBTAIN THE TOURIST LICENCE

SUBMISSION

• By Internet.  It can be used this means if you have a personal digital certificate or electronic DNI.
• On-site. In person through the Territorial Tourism Services of the province where the property is located (Alicante, Valencia or Castellón).
• Post office. La documentación tiene que llevarse a la oficina en sobre abierto, con una copia para comprobarla y sellar con la fecha el impreso de solicitud y la copia.

There is also the option of processing it through the Embassies and Consulates of Spain.

DOCUMENTATION

Initially it will be necessary to obtain the thefavorable urban compatibility report, which will be issued by the Town Hall where the property is located. Each Town Hall has power over the requirements to be met and submit.

Besided the aforementioned report, the documentation to be provided is:

• That shows the availability of the property or properties for tourist use
• The propety meets the requirements demanded by the regulations for its classification in the standard/first/superior category and reported capacity.
• Document of declaration of responsibility regarding the tourist use
• Complete the list of properties (cadastral reference, address, municipality)
• Owner's identity document
• Municipal urban compatibility report that allows the tourist use of the property (the report will contain the csv which is a secure verification code (CSV) allowing the verification of the integrity and authenticity of electronic documents
• In case of rural modality that meets the requirements established in the decree regulating rural tourist accommodation within the Valencian Community.

This form must be filled in.

Once aforesaid mentioned has been completed and presented, the official registration number is granted, which will be essential to show on all channels where the accommodation is advertised.

The identification in the case of particular person is:

• VT/Number/V for Valencia
• VT/Number/A for Alicante
• VT/Number/C for Castellón

VT means Tourist Property (Vivienda Turística), and the V, A, C is the province where the property is located. In the case of more than 4 properties, the initial letters will be EGVT, which means Tourist Home Management Company (Empresa Gestora de Viviendas Turísticas)

URBAN AND TOURISM REGULATIONS

There are two different regulations, urban planning is regulated by each Town Hall and tourism is regulated by the Autonomous Community.

Tourism regulations in the Valencian Community (standard category)

The accommodation must at least have:

• Equipped kitchen
• Hot water
• Plugs in all rooms indicating the volts
• Wardrobes in the bedrooms
• The essential furniture
• Thermal and acoustic insulation
• Elevator from the fourth floor
• Evacuation plan at the front door
• Emergency telephone numbers list in a visible place

The points mentioned above would be for the standard category, for other categories must be consulted article 12/Annex 1 of the regulations.

Urban planning regulations

To know this regulation, the information must be requested in the Town Hall where the property is placed.

OBLIGATIONS AFTER GETTING THE TOURIST LICENCE

Advertising

Advertisements must provide clear and complete information on the characteristics of the accommodation, the conditions of use and the services offered.

Always must be indicated the registration number and the category (standard/first/superior).

Platforms such as Booking or Airbnb do not allow advertising without the registration number.

Another requirment is that at the entrace of the accomodation must be an indicative signal with the tourist registration number.

Controlling users

The accommodation must have in a visible place the complaint sheets.

The owner must carry up a register of travelers. Police must be informed 24h before the arrival of the travelers.

Information to the police can be done:

1. By fax
2. On-site
3. The link to the on-line: Guardia Civil or Policía , depending on where the accommodation is located.

Records must be kept for a minimum of 3 years.

Comply with the community of neighbors rules

It is important to check that the rules of the community does not limit the use of the properties for tourist use.

In case of nothing against tourist use, the travelers will be able to use the common areas (swimming pools, gardens, solarium, gym, etc.).

In any case, the owner will always be responsible for any infringements that his clients may commit.

Data protection

The user must be informed of the processing and protection of data according to applicable law.

RIGHTS OF THE TOURIST ACCOMMODATION OWNERS

Price

The owner will receive a monetary compensation for the rent. The price must appear clearly in the advertising.

Booking

A deposit of up to a maximum of €250 can be requested, which will be refundable upon leaving the accomodation as long as there is no reason to withhold part or the total deposit for any damage done.

In the case of cancellations, the owner will be able to retain part, or even the total, depending on the time the cancellation is done.

If, on the other hand, is the owner who cancels the reservation, the client may demand compensation duplicating the reservation paid or be offered another accommodation of the same or higher category.

Cancellation of contract

If the accommodation is occupied by more than authorized people, is transferred to a third party or is used for another purpose than the one established, the owner may terminate the contract at any time.

PENALTIES FOR MISMANAGEMENT

There are three types of penalties, depending on the infraction committed.

Light

In this case there would be a warning and the fine could be up to €601:

• Not compliance of showing the corresponding badge
• Inappropiate treatment of customers
• Deficiencies in the cleaning and the running of the appliances/furniture.
• Do not keep copy of the invoices
• Not supply the complaint forms

Serious

In this case, the tourist license is suspended for a period of up to 6 months and the fine can reach up to €6,010:

• Misleading advertising
• Lack of documentation required by regulations
• Not fullfilment of the contract or reservations
• Prices higher than the one advertised
• Refusal to issue invoices
• Obstruction of the inspection

Very serious

In this case, the suspension of the tourist license can be up to 3 years and the fine can even reach up to €90,151:

• Carry out the activity without registering
• Missrepresentation, omission or imprecision of the responsible declaration
• Not meeting the essential requirements established in current regulations
• Not comply the fire prevention regulations
• Not comply the advertising and communication obligations

CONCLUSION

The procedures to obtain a tourist license are not simple, ´the best is to leave it in expert hands. In this way it will be ensured that everything is carried out according to the legally established.

Once the licence is granted, it is important a good management. . There are rights but also obligations and in case of not carrying out a good management, penalties are a possibility, both financial and withdrawal of the licence.

Don´t forget to be updated on the laws and decrees may arise.