Important Changes

To Regulations in the Valencian Community
SGM ABOGADOS license update

Tourism Licensing Update:

Tourism Licensing Update: Important Changes to Regulations in the Valencian Community

Important changes to the regulations affecting tourism licensing, which came into force on the 2nd of August 2024. The Valencian Community has recently passed Decree-Law 9/2024, which introduces important modifications to the regulation of tourist licences. These new regulations are designed to more strictly control and regulate tourist accommodation in the region, with several key implications.
These amendments aim to improve the regulation and management of the tourism sector, and it is crucial that all current and new licence holders are aware of the new requirements and procedures. 

  1. Tourist License: Tourist accommodations can now only be rented for up to 10 days or less to the same tenant.
  2. Room Rentals Prohibited: It is now expressly forbidden to rent, advertise, or market rooms within registered properties for tourist use.
  3. Property Identification: Each tourist property must be associated with a unique and individualised cadastral reference for physical identification.
  4. Municipal Compatibility Report: A favourable municipal report of urban development compatibility for tourist use from the Town Hall of the corresponding municipality.
  5. Community Approval Required: Registry certificate that proves that neither the constitutive title or the statutes of the community of owners, nor any agreement of the latter, enforceable against third parties, determine the impossibility of use for purposes other than as a habitual residence, or that he has a certificate issued by the administration of the community of owners in the same sense. All properties within a community, must obtain a certificate. If there is no community created at the time of signing, the license must wait until it is created and certificate received.
  6. Exclusive Tourist Use: Properties registered for tourist use cannot engage in any other rental types during the declared tourist period without prior modification. If the property is used for another type of rental during the period declared as tourist property without having communicated the modification of this period, it will be deregistered.
  7. License Validity & Renewal: Tourist licenses will now be valid for 5 years, after which a renewal will be required.
  8. Mandatory Advertising: Properties must be advertised within 2 months of obtaining the license. Failure to do so will result in termination of the license.
  9. Inactivity Clause: Licenses will be terminated if tourist activity ceases for more than one year.
  10. Key Box Ban: The use of key boxes in public or common areas is now prohibited. Owners must provide a reception service.
  11. Licenses Non-Transferable: Tourist licenses no longer transfer with the sale of a property. New owners must apply for a new license.

Energy Certificate Requirement: Properties must have a valid energy certificate to comply with regulations.

Additional Guidelines:
  • Bookings exceeding 10 days: All owners who have rentals currently confirmed of more than 10 days would have to prove that they were booked before the Decree Law in order to be respected. In the case the booking cannot be justified, the owner could face a fine.
  • Municipalities have greater autonomy to limit the number of tourist dwellings in specific areas. This allows them to establish specific restrictions in different areas or zones of their municipalities, based on clear and objective criteria.
  • Sanctions for Violations: Sanctions have been significantly toughened. Room rentals are now considered a serious offense, with fines of up to €600,000. Landlords are also vicariously liable for infringements, which previously fell solely on those who marketed the properties.
  • Enhanced AI inspection capabilities will aid in identifying illegal properties, and local councils may enforce sanctions for minor and serious infractions.

Transition Period for Existing Properties:

Properties operating before July 1, 2018, may continue under previous regulations as long as they comply with current standards. However, any change in ownership will require a new license for the new owner.

For more information or assistance in understanding these new regulations, please don’t hesitate to get in touch with us.