Vacation rentals in Spain
The regulation of vacation rentals presents a complex panorama, since many of its provisions do not fall under the Urban Leases Law (LAU), but are the responsibility of the Autonomous Communities (CCAA), which have established specific regulations that respond to the particularities of each region in relation to this type of accommodation.
In order to control the boom of tourist rentals and to avoid the saturation of apartments destined to this purpose, the government is carrying out a reform of the Law 49/1960 of Horizontal Property. This amendment seeks that for a tourist apartment to operate, the explicit approval of at least three-fifths of the owners of the community of neighbors is required, which adds a level of regulation and consensus among residents.
For a dwelling to be considered for tourist use, it must meet certain requirements:
It must be intended exclusively for temporary rental for periods not exceeding one month (or two months, depending on the regulations of each autonomous community).
It must be fully furnished and equipped for immediate use.
It cannot be the habitual residence of the owner
If it is part of a community of neighbors, it is essential to have the approval of at least three-fifths of the owners for its tourist use.
In addition, it is necessary to use online platforms for its marketing, which facilitates its promotion and access to potential tenants.
The process to obtain the tourist license may differ depending on the autonomous community in which the property is located, although it can generally be described as follows:
First, a Declaración Responsable must be submitted indicating our commitment to know and comply with all the established requirements.
Next, it is necessary to gather the relevant documentation, which commonly includes an energy certificate, proof of ownership, the license of first occupation and a civil liability insurance.
Subsequently, a prior technical inspection and registration in the Tourism Registry of the corresponding autonomous community may be required.
In addition, it is essential to have a digital signature and a digital certificate to be able to submit all the documentation online.
Finally, it is important to bear in mind that each municipality is implementing regulations that may establish specific limits and conditions for tourist apartments, as well as restrictions in relation to the total buildability of each area. Therefore, it will be essential to comply with the specific urban conditions of our locality in order to obtain the necessary municipal permits.
The costs associated with obtaining a vacation rental license can vary considerably, with prices ranging from 30 to 120 euros, depending on the autonomous community and the specific requirements imposed by each one, as well as the type of property to be licensed.
In addition, it may be necessary to hire the services of a gestoría, which would imply additional expenses if professional assistance is sought to facilitate the processing process.
Administrative fees, which are the mandatory payments to the Public Administration for the management of the license, must also be considered. On the other hand, it is essential to make investments in the adequacy of the property to ensure that it meets the required quality and safety standards.
Likewise, commissions from rental platforms, such as Airbnb and Booking.com, represent a significant expense, as these online travel agencies charge fees for their services. Finally, one cannot forget the budget allocated to advertising and promotion, which are essential to publicize the accommodation in the competitive digital market.
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