The rise of vacation rental platforms has revolutionized the way we travel, offering tourists a wide range of accommodation options. However, this proliferation has also raised concerns about the legality of some tourist apartments in Spain. Renting an illegal accommodation can cause problems for both the guest and the owner. Therefore, it is crucial to know how to identify if a tourist apartment in Spain is legal. In this comprehensive guide, we provide detailed information and practical steps to assist you in this process, with special attention to the Valencian Community.
Steps to verify the legality of a tourist apartment
1. Verify the tourist license or registration number
The first step to ensuring that a tourist apartment is legal is to check that it has an official license or tourist registration number.
- Request the registration number: Owners are required to provide this number and, in many regions, must include it in all advertisements and promotional materials.
- Where to find it: In the Valencian Community, this number must clearly appear in the descriptions of accommodations on online platforms, travel agencies, and any advertising.
- Importance: This registration certifies that the apartment meets the legal and regulatory requirements set by tourism authorities.
2. Check the official tourism registry
Once you have the registration number, it is essential to verify its validity in the official registry.
- Access the Tourism Registry: Visit the website of the Valencian Tourism Agency or the Tourist Establishments Registry.
- How to verify: Enter the registration number or the name of the accommodation to ensure it is registered and compliant with regulations.
- Benefits: This verification ensures that the apartment is authorized and overseen by the competent authorities.
3. Review advertising and listings
The way the apartment is advertised can provide clues about its legality.
- Transparency of information: A legal accommodation usually offers detailed descriptions, high-quality photographs, and clear specifications about services and features.
- Presence of the registration number: As mentioned, this must be visible in all advertisements.
- Reliable platforms: Use recognized websites and agencies that require owners to comply with regulations and verify their registrations.
4. Contact the owner or manager
Direct communication can clear up many doubts.
- Ask about legality: Do not hesitate to ask the owner if the apartment is legally registered and request the license number if it is not visible.
- Request documentation: Ask to see copies of the tourist license, safety certificates, and any other relevant permits.
- Professionalism: A serious and legal owner or manager will be willing to provide this information and ensure clear and transparent communication.
What are the requirements for a home to be used for vacation rentals?
To know if a tourist apartment is legal, it is essential to verify that it is registered and has an official license granted by the competent authorities, such as the Agència Valenciana del Turisme in the Valencian Community. This implies that the owner has met fundamental requirements, such as submitting a Responsible Declaration, registering with the Registry of Companies, Establishments, and Tourism Professions (REEPT), and complying with current regulations on habitability, safety, and quality, as established by laws like Decree Law 15/2018 and Decree 10/2021. Furthermore, it is important to check that the accommodation respects municipal regulations and the rules of the homeowners' association, and that it displays the identifying plaque with its official category at the entrance.
Renting or managing a tourist apartment without meeting these requirements can result in severe penalties, with fines of up to €600,000, depending on the severity of the infraction and the applicable regional regulations. Therefore, both owners and guests should ensure that the accommodation complies with all current regulations to guarantee a safe, legal, and quality experience.
Understanding local and municipal regulations
It is essential to be informed about the local and municipal regulations related to vacation rentals before booking an apartment. Each region and municipality may have its own regulations affecting this activity. In the Valencian Community, for example, tourism activity is regulated by the Law 15/2018, of June 7, on Tourism, Leisure, and Hospitality, which establishes the requirements that tourist apartments must meet, including the obligation to submit a Responsible Declaration to the tourism administration, where the owner ensures that their accommodation complies with all current regulations regarding quality and safety.
Additionally, tourist apartments are classified into categories such as Standard, Superior, or Premium, and must meet minimum equipment and service standards. Being informed about these regulations will help you understand what to expect from a legal apartment and identify possible irregularities. Moreover, municipalities may impose additional restrictions on vacation rentals. Some city councils limit the number of licenses available, prohibit vacation rentals in certain areas, or establish specific requirements to protect local residents and preserve the character of certain neighborhoods. In areas with high tourist density, regulations may exist to prevent overcrowding and issues associated with mass tourism.
It is important to check the municipal ordinances of the city council where the apartment is located. You can visit their official website or contact their offices directly to obtain updated information. Knowing these regulations will allow you to ensure that the apartment complies with all local regulations and avoid potential inconveniences during your stay.
Ensuring compliance with rules and standards
Homeowners' associations have the power to establish internal rules that affect the use of homes, including restrictions on vacation rentals. The community statutes may contain clauses that prohibit or limit this activity to ensure the coexistence and well-being of all neighbors, addressing aspects such as noise, the use of common areas, or building security.
If you are a property owner and wish to rent your apartment as a vacation rental, it is your responsibility to review the community statutes and ensure that you are not violating any rules. Ignoring these rules can lead to legal conflicts and deteriorate relationships with your neighbors. Complying with internal regulations is essential to maintaining a harmonious environment in the building and avoiding sanctions or legal problems.
As a guest, although you may not have direct access to these documents, it is advisable to ask the owner if they have obtained the community's approval to rent the apartment. By doing so, you protect yourself from potential conflicts that may arise during your stay, such as complaints from neighbors or even legal actions that could affect your experience. Remember that other guests' reviews are important and can provide clues about the legality and tranquility of the accommodation.
Homes with a tourist license at Luxinmo
If you are looking for a property that meets all legal requirements and provides you with the peace of mind of a secure investment, at Luxinmo Real Estate we offer a selection of rental homes with a tourist license and homes for sale with a tourist license that comply with all current tourism and accommodation regulations.
Having a legally registered property not only ensures compliance with the law but also allows you to enjoy all the benefits of a quality tourist accommodation. Whether you want to invest in a property to generate profitability or are looking for a place for your next vacation, our homes with a tourist license guarantee a reliable and worry-free experience.
Consequences of renting an illegal tourist apartment
Renting a tourist apartment that does not comply with legal regulations can have serious consequences for both the guest and the owner. It is essential to be aware of these risks to avoid situations that could severely impact the travel experience or involve significant legal and financial liabilities.
For the guest, choosing illegal accommodation means risking a sudden eviction. Authorities can close the apartment at any time, forcing you to leave the accommodation without prior notice. This not only disrupts your plans but can also result in a financial loss, as you may not recover the money paid and may incur additional expenses to find new accommodation. Moreover, the lack of guarantees in services and safety typical of these apartments can lead to a negative experience, exposing you to unsanitary conditions, poor facilities, or even risks to your physical safety.
For the owner, the repercussions can be even more severe. Operating outside the law exposes them to fines and sanctions which, in the Valencian Community, can be substantial, reaching up to €600,000 depending on the severity of the violation. Authorities may order the closure of the establishment, resulting in a loss of income and potential investments made. Additionally, the owner may face legal liabilities, including lawsuits for breach of contract or damages caused to guests. These sanctions can create administrative records that affect future business or professional activities. Lastly, reputational damage is a significant consequence; poor reputation can lead to a loss of clients and make it difficult to operate in the future, affecting not only this business but also other ventures of the owner.
