In recent months, our office has been receiving dozens of inquiries about tourist rentals. It’s no surprise. Since August 2024, there have been a series of regulatory and jurisprudential changes that have completely transformed the landscape. Marking a before and after in the legal treatment of these types of rentals. In this week’s article, we address the most pressing issues in a question-and-answer format.
What is considered a tourist rental in the Comunidad Valenciana?.
Decree 9/2024, passed last August, redefines tourist rentals. Now, only those with a duration of 10 days or fewer, counted continuously for the same tenant, are considered as tourist rentals. Properties rented for 11 days or more cannot be considered tourist rentals (Art. 65, Law 15/2018).
Do I need a tourist licence if I rent for more than 11 days?.
If you rent your property for 11 days or more to the same tenant, your rental will not be subject to the tourist rental regulations, and you will not need a Tourist Licence, etc. However, you will still need to obtain a Rental Registration Number.
Are Rental Registration Numbers required for tourist rentals too?
Yes. The Rental Registration Number is mandatory for both seasonal rentals and tourist rentals.
What happens if I don’t get a Rental Registration Number?
Starting July 1, 2025, online short-term rental platforms will remove any listings that do not have a Rental Registration Number. If you need to obtain this registration number, our office can assist you.
What do I need to get a Rental Registration Number?.
You must have a digital certificate issued by an authorised organisation to issue digital certificates in Spain. In the Valencian Community, it is generally possible to obtain the digital certificate from local Town Halls, collaborating entities like SUMA, etc.
What role do Homeowners’ Associations now play regarding tourist rentals?
Until now, communities could prohibit these rentals through an agreement of 3/5 of votes and shares. Now, in addition to being able to prohibit them, new rentals that are processed must obtain explicit authorisation from their homeowners’ association.
Can the Land Registry deny me the Rental Registration Number for my property?
Yes. If you have a tourist property, and there is a prohibitive agreement regarding such rentals in your community, the Land Registry will deny your request. Likewise, if you do not provide the certificate from the homeowners’ association confirming that they expressly authorise the activity, it could also be denied.
Can I advertise my seasonal rental, of 11 days or more, on platforms like Booking.com, Airbnb, etc.?
The current wording of the Valencian regulation leaves room for interpretation. Although there is minor case law stating that these platforms are not exclusively for tourist rentals and cover all types of rentals. This is a somewhat ambiguous and grey area. Therefore, before advertising your property on an online platform, it is essential to analyse your case in detail and seek expert legal advice to avoid any issues.
Conclusions.
Recent legislative changes, many of them uncoordinated, have created significant confusion and grey areas regarding tourist rentals. At White Baos, we are experts in tourist and seasonal rentals, and horizontal property law. If you need to obtain your Rental Registration Number or require expert legal advice on the matter, do not hesitate to contact us.
The information provided in this article does not constitute legal advice but is intended for general informational purposes only.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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