Rental Regulations in the Valencian Community
Before offering, advertising, or renting a property in the Valencian Community, it is important to define the type of rental and understand the applicable regulations.
1. Types of Rentals in the Valencian Community
A. Tourist Rental
- Duration: Maximum of 11 nights per client and the purpose of the rental must be for tourism.
- License: A tourist license is required.
- Important:
- If the stay exceeds 11 nights, the rental will no longer be regulated under the Valencian Community’s tourist legislation.
B. Seasonal Rental (Temporary Rental)
- Duration: Less than 1 year.
- License: No tourist license is required, though other regulations may apply.
- Important:
- A seasonal rental can be less than 11 nights. What truly matters is the purpose of the stay.
- When does tourist legislation apply?
- If the purpose is tourism and the stay is less than 11 nights, the Valencian Community’s tourist rental regulations apply (see section A above).
- If the purpose is NOT tourism, the rental can be less or more than 11 days and will still be considered a seasonal rental.
- Example: A person from Madrid rents a property for 7 days to take a Yacht Captain exam. Although the stay is less than 10 days, this contract is considered a seasonal rental and is not subject to tourist regulations.
C. Long-Term Rental (Residential Rental)
- Duration: Minimum 1 year.
- License: No tourist license is needed.
D. Housing as Primary Residence
- When does it apply?
- When the tenant uses the property as their primary residence and lives there permanently.
2. Obtaining Permission from the Owners’ Association:
To use the property for tourist rental purposes (section A above), written permission from the owners’ association is required (provided the owners’ association does NOT prohibit tourist rentals). This permission must be evidenced by an official certificate or meeting minutes.
3. Applying for a Tourist Housing License:
You must submit an application on the Generalitat Valenciana platform with the following documents:
- Urban Compatibility Certificate: Issued by your local council.
- Responsible Declaration: A signed document stating that the accommodation meets all legal and technical requirements, such as fire safety, accessibility, and minimum facilities.
- Cadastral data of the property and exact address.
Note: Tourist housing licenses are valid for 5 years and must be renewed at least one month before expiration (there are also other reasons for renewal within the 5-year period, such as a change of property ownership).
4. Ensuring the Accommodation Meets Legal Requirements:
- Accessibility: Properties on the fifth floor or higher must have an elevator.
- Minimum Facilities:
- Internet connection.
- Air conditioning and heating.
- Washing machine, refrigerator, iron, oven or microwave, extractor hood, and television.
- Safety:
- Emergency evacuation plan, visible at the entrance.
- 24-hour emergency phone number for guests.
- It is not permitted to deliver property keys using a key safe located in public spaces next to the property; keys must be handed over in person.
- Other:
- The accommodation must be fully furnished and equipped with kitchen utensils and bedding.
- Have a first aid kit available.
- Clearly indicate the electrical voltage throughout the property.
- Compliance with the coexistence rules established by the Owners’ Association to which the rented property belongs.
5. Obtaining Civil Liability Insurance:
In addition to building and contents insurance, civil liability insurance is mandatory.
6. Considering Additional Obligations:
- Registration: Registration in the Ventanilla Única Digital: Starting January 2, 2025, it will be mandatory to obtain a unique registration number for all short-term rentals (whether tourist or seasonal), managed through the European Single Window, administered by the Spanish central government. A transition period until July 2025 is set for implementation. This registration costs 27 euros and must be renewed annually.
- Taxes: Ensure proper payment of taxes derived from rental income.
- Municipal Regulations: Consult the specific regional and local regulations of your municipality.
7. Penalties for Non-Compliance:
Failure to comply with these regulations can result in fines ranging from 10,000 to 600,000 euros, depending on the severity of the violation, as well as temporary or permanent suspension of the tourist license.
For updated information: Contact the Generalitat Valenciana or consult a specialized legal advisor.
Summary
To offer holiday accommodation, you must:
- Define the rental type (tourist, seasonal, or long-term).
- Obtain permission from the owners’ association (if applicable).
- Apply for a tourist license from the Generalitat Valenciana.
- Request a license number from the VENTANILLA DIGITAL UNICA
- Ensure the accommodation meets legal requirements (accessibility, facilities, and safety).
- Obtain civil liability insurance.
- Starting in 2025, obtain an additional registration number (Ventanilla Única Digital) and properly manage your taxes.