Holiday rental licences on Spanish properties
We can obtain the licence on your behalf and leave you safe in the knowledge that your rentals are 100% legal.
We often receive enquiries from clients and real estate professionals regarding the legal situation of tourist rentals and whether it is necessary to register the property in the Valencian Community, Andalusia and other regions of Spain
Do I need a holiday letting licence for my property?
This year the government have started to investigate the licences on properties, deeming that it is compulsory for ALL holiday lets to be officially registered. We advise that if you’re renting a property as a holiday let to make the application for your licence now in order to avoid hefty fines in the future.
What is considered to be a tourist rental?
It can vary from region to region, that’s why we recommend that you get in touch so we can explain to you in more detail on how your property is affected in your area
If your property is based in the community of Valencia then the decree 92/2009 gives you a definition of what will be considered as a tourist rental which can be translated as the following:
Article 2. Definition of tourist accommodation
- Tourist rentals are properties of any type which are rented out regularly in exchange for payment, with immediate availability and with the aim of fulfilling accommodation needs for tourism, holidays or leisure.
- It will be considered that the property is rented out on a regular basis if any of the following are the case:
- The property is let for tourist use by a company which manages holiday rentals.
- The property is made available to tourists by its owners or deed holders, regardless of the length of the rental, and that services are provided which are considered to be standard hotel industry services.
- When advertisements of the property are aimed at tourists. This will be considered to be the case when the property is advertised via travel agencies or any other means which is aimed primarily at tourists including internet sites and other channels provided by new technologies.
Services which are deemed to be standard hotel industry services are outlined in Article 3 and include cleaning, change of linen, storage of luggage, laundry, repairs and maintenance and all services similar to these.
Decree 92/2009 distinguishes between three different types of tourist rentals which are classified according to the facilities which are available to guests. The three types are Superior, Premier and Standard. The requirements for each can be seen in the table below:
|Lift||✔(property on floor 2 & above)||✔(property on floor 3 & above)||✔(property on floor 4 & above)|
|Sound & heat insulation||✔||✔||✔|
|Noise level of facilities||Regulated by Law 7/2002 on Protection Against Noise Pollution|
|Plug sockets in all bedroom with labels showing voltage||✔||✔||✔|
|Air conditioning in bedrooms||✔||✘||✘|
|Air conditioning in living rooms||✔||✔||✘|
|Heating in bedrooms||✔||✔||✘|
|Heating in living rooms||✔||✔||✘|
|Telephone or access to internet||✔||✘||✘|
|Swimming pool (interchangeable for beach front)||✔||✔||✘|
|Evacuation plan on the door of the property||✔||✔||✔|
|Easily visible list of emergency and other useful telephone numbers||✔||✔||✔|
|Min double bedroom size including wardrobe||12m²||10m²||8m²|
|Min main bedroom size including wardrobe||14m²||12m²||10m²|
|Min single bedroom size including wardrobe||9m²||8m²||6m²|
|Min size of living/dining room & kitchen||26m²||22m²||18m²|
|Min size of living/dining room||20m²||17m²||14m²|
|Bathroom or toilet||✔||✔||✔|
|Min size of bathroom||6.5m²||4.5m²||4.5m²|
|Minimum size of kitchen||8m²||7m²||5m²|
|Minimum size of studio apartments||34m²||29m²||24m²|
|Wardrobe for every bedroom||✔||✔||✔|
|Oven / Microwave||✔||✔||✔|
Other key aspects of the law
- The property’s deed holder, owner or management company can request a deposit for rentals which will be no more than €250 unless explicitly stated in the contract.
- The following facilities/services are considered as standard (where present) and will not provide the basis for higher charges: Upkeep, maintenance and repairs when these are within normal parameters; rubbish collection; water supply; playgrounds; swimming pools, gardens and terraces; electricity supply; community fees.
- Properties must be maintained in perfect habitable conditions and must have all the services listed in the documents provided to the regional government available to clients.
- Properties will have connected utilities and will be clean and well kept for the arrival of guests.
- Guests have the responsibility to respect the property itself and communal areas and to leave these in the same state as that which they were in when they arrived.
- Advertisements of the property will be done in a way which meets standards for objectivity, good faith and honesty.
- Tourist rental management companies must include the number which they have been assigned by the regional government in all their advertisements for properties located in the region.
- An authorization document must be signed by the owner of a property and the tourist rental management company where there is such an agreement. This document will clearly state that the responsibility for compliance with Decree 92/2009 has been handed to the management company and that any lack of compliance will impact solely on the company and not the owner.