Comprehensive Guide to the New Tourist Housing Regulations in Valencia (2024)

The Valencian government has introduced substantial changes under Decree-Law 9/2024, with stricter rules aimed at better regulating tourist housing. Below is a detailed breakdown of these changes, followed by a legal interpretation to help property owners understand the implications and options.

Key Changes Introduced by Decree-Law 9/2024

1. 10-Day Rental Limit for Tourist Letting
   • Tourist accommodations can only be rented for up to 10 days to the same tenant. Stays exceeding this threshold must follow alternative legal frameworks.
2. Whole-Property Rentals Only
   • The decree restricts tourist housing to entire property rentals only. Renting out individual rooms is now prohibited under the new law.
3. Annual Registration and Compliance Reporting
   • Tourist properties must renew their registration every 5 years and adhere to annual compliance checks. This includes reporting on the occupancy and condition of the property.
4. Neighbourhood Consent
   • Property owners must obtain approval from their homeowners’ association before renting a property for tourist purposes. This ensures that short-term rentals align with community regulations.
5. Enhanced Safety & Urban Compatibility Reports
   • A favourable urban compatibility report is mandatory for all tourist properties. This report can be obtained directly from the municipality or an authorised external agency to ensure compliance with zoning laws.
6. Advertising Regulations
   • All tourist properties must clearly display their registration number and exact location in advertisements. Failure to comply is considered a serious offence.
7. Internal House Rules
   • Owners must provide internal regulations for their guests, including neighbourhood rules, conditions for pet acceptance, and other relevant house guidelines.
8. Prohibition of Key Boxes in Public Spaces
   • The use of public key lockboxes for guest access is no longer allowed, and alternative methods must be employed for key handover.
9. Mandatory Safety Standards
   • Properties must comply with minimum safety standards, including emergency evacuation plans, 24-hour contact numbers, and basic utilities like air conditioning, Wi-Fi, and fully equipped kitchens.
10. Severe Penalties for Non-Compliance

• Violations of these regulations can result in fines of up to €600,000, especially for severe breaches such as overextending rental periods or illegal room rentals.

Legal Interpretation: Understanding the 10-Day Rule and Alternatives

1. Touristic Letting vs. Seasonal/Long-Term Letting
   Under the new law, properties rented for 10 days or fewer are considered “touristic letting” and must adhere to tourist housing regulations. However, if a rental extends beyond 10 days, it falls under seasonal letting, regulated by the Law of Urban Leases (LAU), which governs rentals intended for temporary needs (e.g., work, studies). Seasonal contracts allow for longer rental periods but remove the property from the tourist market framework.

• Touristic Letting: Limited to 10 days, marketed on platforms like Airbnb and Booking.
• Seasonal Letting: Can exceed 10 days but requires a seasonal contract, often removing flexibility in marketing and management.

2. Challenges with the 10-Day Limitation
The 10-day limit has sparked concerns due to its arbitrary nature. Summer rentals often exceed 10 days, raising questions about the impact on property owners and local tourism. Critics argue that this restriction favours hotels and hostels, pushing longer-term vacationers toward these options.

3. Consequences of Exceeding the 10-Day Limit
Rentals exceeding 10 days will no longer qualify as “tourist housing.” This means:

• The property must operate under the LAU as a seasonal rental, losing certain advantages provided under the tourism framework.
• You cannot list properties on tourist platforms like Airbnb for periods longer than 10 days.
• Law enforcement support may no longer be available for handling tenant disputes or evictions, which is a key benefit of the tourist housing classification.
• You may face de-registration from the Tourism Registry if the property is rented for more than 10 days during its declared tourist period.

4. Fines and Penalties for Breaching the 10-Day Rule
Although the law does not specifically outline fines for exceeding the 10-day limit, violations are likely to be classified under minor infractions, which can result in fines of up to €10,000. Persistent breaches could result in harsher penalties, including deregistration from the tourism registry.

5. Can Successive Contracts Avoid the 10-Day Restriction?
Attempting to circumvent the rule by issuing successive contracts (e.g., one for 10 days followed by another) could be deemed fraud and punished accordingly. Data cross-referencing through the Traveller Registry (Real Decreto 933/2021) could easily detect such violations, and fines or registration loss may ensue.

6. Seasonal Letting: An Alternative Solution
Seasonal rentals under the LAU are not limited by time and can accommodate stays longer than 10 days. This option is well-suited for non-tourist purposes (e.g., work assignments, education), but owners must clearly document the temporary nature of the rental in the contract.

Final Thoughts

The new decree has far-reaching implications for tourist property owners in the Valencian Community. While the law imposes stricter limitations on short-term rentals, particularly with the 10-day limit, it offers property owners avenues to transition their properties to seasonal rentals when needed. Owners should carefully review their contracts, marketing strategies, and compliance measures to avoid severe fines and penalties.

For further details, consult the Generalitat Valenciana’s official decree and make sure to stay up to date with evolving regulations in the tourism sector.