Law on Holiday rentals . Cataluña. Valencia region. Andalucía. Basque Country. Asturias. Baleares. Galicia

Cataluña  Regulated by Decree 164/2010.

Definition: Those rented by owners to tenants for uses different to home (first or second).  They need the authorization of Touristic authorities. To the effects of this Decree, rentals of three or less months are considered seasonal rentals.

Requirements:

-Habitability license and technical/quality conditions applicable to dwellings.- They cannot be used by more people than those allowed by license.- They need to have enough furniture and house ware.- Owners also need to be authorized by the Local Council.- Owner need to provide a contact phone to users, neighbors and authorities.-Owners need to provide a service for help and house maintenance. 

Valencia region  Regulated by Decree 92/2009 de 3 julio 2009

Rentals of houses, apartments, villas... are regulated by this decree when:

1. They are marketed by companies2.  They are marketed by their owners for touristic

services

3.  They are marketed through tourism market channels including Internet and other IT ways.

  A company for the management of holiday rentals needs to have at least 5 properties in its portfolio. They need to be registered in the Touristic Registry of the region and the province where most of the houses are located. Owners or companies dealing with these rentals will be responsible of the habitability of these, according to its category and description registered. They will always be made available to users in perfect estate of conservation and cleanness and with all the necessary services for its use. Owners will be obliged to do a perfect use of the house and its common facilities in the development.

Publicity, offer and management of these rentals will be according to requirements oftruthfulness, objectivity and good faith in full respect to Consumer Law.

There is a classification of these units according to quality characteristics.

Prices will always include taxes and any reparations necessary for the use of the house.

There is specific regulation for blocks of holiday houses, which are also classified according to categories 

Prohibitions to users are, according to this Decree:

1.To bring furniture to the house or do repararations without express consent of the owner.2. To lodge more people than authorized3. To use the house for different uses than those contracted4. To bring dangerous materials to the house5. To bring animals against prohibitions of the company unless they are helper-gods for handicapped people.

The infringement of these rules can be used as a cancellation causeThe Decree also offers regulations for rural rentals

 

AndalucíaIn Andalucía, there has not been further development of this type of touristic resources since 1999. Touristic apartments (which are block of units under a same/only management company) were under precise regulation in 2010.The only rules for Holiday houses or touristic rental houses in Andalucía are those few articles of a Tourism Regional Law dated 1999

According to the 1999Law, holiday rental houses are those which offer alodging service and are offered to the public for a seasonal use or are occupied for touristic reasons once or more times a year. The rentals are for the whole house and not for rooms.  Rural touristic houses are, by definition of this Law, these same units in the rural area. Just lodging service is provided.These touristic houses need to have enough furniture and house ware for immediate use. A decree (still not existing) will regulate minimum requirements.

Chipiona Beach, Costa de la Luz, Cádiz  by Werkmens at Flickr.com

Basque country 

Touristic houses are considered by the Basque decree as those fixed and prefabricated units that are offered to public for touristic use.  This same decree also regulates lodging in rooms for those municipalities where tourism offer is insufficient.  Owners need to communicate the rentals to the Tourism office of the regional authorities.

The owners of these units are obliged to :

a)   Keep the house in good conditions.b)   To bring previous information to users regarding

services, conditions and prices.  c)   To have in every unit accesible information to name,

category, registration number of the establishment and authorised capacity.

d)   To provide claim documentation to the user.e)   To invoice according to legally establishedf)    To provide required information to the administrationg)   To hire an indemnity insurance

A deposit as reservation of the unit is allowed. 

Asturias  

Regulated by a decree of 2003.

Description:  The whole house (and not individual rooms) is rented for a price, in a professional and habitual way.

Maximum vacancies are 14, distributed in seven rooms.

An authorization by the Public Administration is needed and a plaque that will be  shown at the entrance.

Owner of these units will need to have a permanent indemnity insurance to cover damages and injuries of the clientele.Stays in these houses comprise pacific use of the house. The hiring will be for weeks, week-ends and long weekends.

In terms of reservations, an advanced payment of the price is possible, being as maximum, the 50% of the full Price. The tenant can, at any time, cancel the reservation.

Prices will be public and  placed in an accesible place. Price will comprise water supply, electricity, and combustible necessary for heating, hot water and kitchen.

Payments will be made when and where agreed, if there is no specific agreement to this respect, payment will be made in the establishment when the invoice is presented to be paid.

Baleares  

 According to provision 2 of Decree 55/2005 of 20th of May, Touristic houses in Baleares are those units with a maximum of 6 bedrooms and 12 vacancies which offer lodging touristic services in exchange of a price.These are hired through commercial touristic channels with touristic companies which need to meet the requirements of the decree.

They need to provide at least cleaning, pool maintenance, gardens and equipments.

 Any person offering to the market either as an owner or as an agent one or more touristic houses is a touristic company manager.

 These units need previous license by the Tourism Administration

 Managers need to provide full information to the user according to Consumers regulations.

Valdemossa, Mallorca by Majax1 at Flickr.com Galicia   In Galicia, touristic apartments are regulated in a decree dated the 24th of March 2011.

Specific requirements  for this  tourist homes, are regulated in the arts. 15et seq.

The capacity of tourist accommodation, in no case can exceed ten vacancies and  will be determined by the number of beds an convertible seats available in the living and dining room. 

The required minimum area will be  of six  meters squared for one bed bedrooms and ten meters squared for two beds bedrooms.

The duration of  the stay in apartments and houses will be that which is freely agreed by the parties. In no case

the owner can impose minimum stays over seven days. (art. 23)

Playa de AreaBrava, Pontevedra, Galicia, Spain by  Inmobiliaria Lares at Flickr.com