10-day rental limitation for tourist accommodations in the Valencian Community

The new Decree-Law 9/2024 of the Generalitat Valenciana limits tourist accommodations in the Valencian Community to a maximum of 10 days, or 9 nights.

In this post, we will focus specifically on the aspects that impact tourist accommodations, as Edeal Homes is a company dedicated to managing vacation, short-term, and long-term rentals in Dénia, and we aim to provide our current and future clients with the clearest information possible.

Since August 2024, tourist accommodations may only be rented for up to a maximum of 10 days, or 9 nights, to the same guest. It is important to note that no consecutive booking can be made after the 9 nights to another member of the same family or group of guests staying.

Furthermore, the new Decree-Law clarifies that tourist accommodations must be rented as a whole unit (not by room), have a unique, individual cadastral reference, a certificate of urban compatibility for tourist use issued by the local City Council (in this case, Dénia), and are intended for tourism purposes (managed by a tourist accommodation manager or advertised and booked through platforms dedicated to this purpose).

Limitation on nights for vacation rentals (for now) but not for short-term rentals

We can currently offer rentals of more than 9 nights in specific periods (with prior notice to the Tourism Department), as long as the following conditions are met: the reservation was not made through online tourism platforms, such as Booking, Airbnb, Rentalia, and there is a formal seasonal rental contract between the tenant and the property owner or manager. Additionally, these rentals should not be offered to tourists; otherwise, it would still be considered a tourist rental, not a seasonal one.

It’s important to note that, in the event of any issues with seasonal tenants, properties or owners will not be protected as they are under current tourist rental regulations. Instead, they will fall under the Urban Leasing Law (LAU).

All of this is also subject to potential changes, as the Government is expected to amend the LAU to specify that seasonal rentals cannot be directed to any type of tourist.

The registration in the Tourism Registry of the Valencian Community will be canceled in the following cases

a) Declaration of cessation of activity by the person listed as the holder in the Registry.
b) The inaccuracy, falsity, or omission of essential nature in any data, statement, or document included in or attached to a communication or responsible declaration.
c) The modification or disappearance of the circumstances and requirements that led to the registration in the Registry.
d) When the activity or service has not started within two months of submitting the mandatory responsible declaration.
e) Certification issued by the competent administration of a final administrative decision determining the lack of required authorizations or licenses for the activity, following the corresponding procedure.
f) When tourism inspection confirms the cessation of tourism activity for more than one year.
g) For tourist-use accommodations, in addition to the above, when the cadastral reference of the property has not been communicated as provided in the second transitional provision of Decree 10/2021 before December 31, 2024.
h) For tourist-use accommodations, in addition to the above, failure to submit a new Responsible Declaration for renewal after the five-year validity period of registration, in the manner and timeframes specified by regulation.
i) For tourist-use accommodations, in addition to the above, certification from the city council corresponding to the property’s location of a final administrative decision ordering the cessation of activity due to an urban legality restoration process.
j) For tourist-use accommodations, in addition to the above, when it is confirmed that the property is being used during the declared tourism period as a rental for residential or seasonal use as defined by Law 29/1994, of November 24, on Urban Leases.

The minor infractions from the previous law regulating tourist rentals are removed, and we move directly to serious infractions.

Active requirements for all tourist accommodations; non-compliance is considered a serious infraction:

• Failure to comply with the obligation mentioned in section b of article 19.1, which requires advertising, during marketing through any means and especially via information society services, the exact location and registration number of the property in the Tourism Registry of the Valencian Community.
• Failure to communicate the change of ownership in a regulatory manner. That is, if a tourist accommodation management company manages your tourist property, it must change the ownership of the tourist license to its name; it should not remain under the owner’s name.
• Refusal by the tourist accommodation owners to provide the identity or details (contract or other document) of the person responsible for the tourism activity.

The requirements that must be met following the publication of Decree-Law 9/2024

For tourist accommodations already in operation, the following will be required:

• Publication of the exact address of the property and its unique, individualized cadastral reference. In addition, the property’s registration number in the Tourism Registry of the Valencian Community, which was already mandatory prior to this Decree-Law.
• Providing the tourist, prior to arrival, with the community’s rules of coexistence, terms of use for services and facilities, and the policy on the admission of domestic animals, to prevent disruptions to normal community life or risks to the safety or physical integrity of other guests. These rules must also be expressly accepted by the tourist before their arrival.

When does the five-year validity period for registration in the Tourism License Registry begin?

1.- PROPERTIES REGISTERED UNTIL 08/07/24 (prior to the effective date of the Housing Decree-Law): RENEWAL 08/08/29.

2.- PROPERTIES REGISTERED FROM 08/08/24 (from the effective date of the Housing Decree-Law): RENEWAL 5 YEARS FROM THE REGISTRATION DATE, AND THIS WILL BE STATED IN THE NOTICE.

New tourist-use properties must meet the minimum requirements established in Annex III of Decree-Law 9/2024. Those with a license issued prior to the new Decree will have 5 years to comply (until one month before 08/08/2029).

1. Access and Communications

• Building evacuation plan on the door of each unit, or emergency instructions in multiple languages if no plan is available.
• Elevator (for buildings of Ground Floor + 4 or more levels).
• Customer entrance, for units located on ground floors.
• 24-hour contact phone line.

(1) Ground Floor + 4 buildings are exempt from the elevator requirement.

2. Facilities and Services

• Power outlets in all rooms with voltage indicator (1).
• Hot water.
• Evacuation plan located on the door of the unit.
• List of emergency and relevant contacts displayed in a visible location.
• Cooling system (2), at least in the living-dining room or living-dining-kitchen area.
• Heating system (2), at least in the living-dining room or living-dining-kitchen area.
• Internet connection, unless the unit is located in an area without coverage.
• First aid kit.
• Detailed information on the nearest medical center.
• List of emergency and relevant contacts.
• Reception service. Handing over keys through lockboxes in public areas is prohibited.
• Cleaning service (3).
• Linen change (3).
• Repair and maintenance service (3).

(1) The voltage indicator by outlets may be substituted by a general voltage indication displayed visibly for the entire unit.
(2) Temperature control must comply with current energy-saving legislation.
(3) Cleaning, laundry, linen change, repair, maintenance, and garbage collection services will be governed by the contract for the occupancy of the accommodation unit.

3. Minimum Dimensions of Tourist Accommodations and Their Rooms

Minimum dimensions must comply with residential-use regulations.

4. Furnishing Requirements for Tourist Use Accommodations

Generally, units must be equipped with furniture, cutlery, utensils, linens, and other essentials to meet client needs according to the unit’s capacity. All bedrooms must include a wardrobe.
The unit must have a washing machine, unless located in a building with a shared laundry facility available to clients.
The kitchen must be equipped with at least the following:

Refrigerator.
Electric iron.
Oven/microwave.
Smoke extractor, hood, etc.
At least two electric burners if the unit accommodates up to 4 people. For units with 5 or more people, it must have three or more burners.