New Tourist Rental Regulations in Valencia - FAQs

1) What is a Tourist Rental?
The new regulations now clearly define the three types of rentals in the Valencia Region:

– Tourist Rental – Maximum stay of 10 nights per client.

– Seasonal Rental – Minimum stay of 11 nights and maximum stay of less than one year.

– Long-term Rental – Minimum stay of one year.

2) Do I need a Tourist Licence?
You only require a Tourist Licence for what the new regulations define as Tourist Rentals (Viviendas de Uso Turístico in Spanish). If you plan to rent out your property to the same client for more than 10 nights, then a tourist licence is not required as this would be considered a seasonal rental.

3) Can I rent out a room?
A tourist licence only allows you to rent out your entire property. That is, you cannot rent out a room or a part of your property, even if you have a separate self-contained apartment. If the property you want to rent out does not have its own unique reference in the Spanish Cadastre (Referencia Catastral in Spanish), then you cannot rent it out.

IMPORTANT: Current tourist licence holders must submit the name and contact details of the owner of the property (and the tourist rental operator if not the owner) and the Cadastre Reference of their property to the Valencia Regional Government before the end of 2024 or they will lose their tourist licence.

4) Do I have to renew my tourist licence?
Tourist licences are now valid for 5 years only. If you already had a tourist licence before the new law came into force, that is, before 8th August 2024, your licence will be valid until 8th August 2029. You must apply to renew your licence at least one month before expiry by submitting a new “Statement of Responsibilities” (Declaración Responsable in Spanish) to the Valencia Regional Government. Failure to do so will result in your property being removed from the Register and your licence being cancelled.

5) Does my property have to comply with any new standards?
By August 2025, all registered tourist rentals must comply with all the new standards relating to the property itself and its facilities and services as specified in the new law. Some key requirements include:

– All properties on the 5th floor or higher must have a lift.

– All tourist rentals must have a 24-hour phone service for guests and a meet and greet service that does not imply key boxes outside the property, which are now prohibited.

– All tourist rentals must have internet

6) Does a tourist licence pass from one owner to the next?
Tourist licences are now associated to the owner as much as they are to the property. As a result, when an owner sells their property they must inform the Valencia Regional Government, who will remove the property from the Tourist Rental Register. The new owner will have to apply for a new 5-year tourist licence.

7) Can I rent out my property just for the summer?
Owners must now inform the Valencia Regional Government about the period of the year during which they plan to rent out their properties under their tourist licence. By way of example, if you specify that your tourist licence will be active from June to September, then you can rent out your property for short-term stays during that period, but not the rest of the year (minimum 11-night stays). If you decide to have your licence active all year, then you cannot rent out your property to the same client for more than 10 nights at any time during that year.

8) Do I need permission from my neighbours now?
Yes, you now need permission from your Neighbours/Homeowners Association (Comunidad de Vecinos in Spanish) to use your property as a tourist rental and provide a certificate or official meeting minutes to prove this to the Town Hall as part of your licence application.

9) Can the Town Hall refuse my application?
If your property meets all the requirements of a tourist rental as specified by the new law and you have written proof that your neighbours are happy for you to use your property as a tourist rental, the Town Hall can still refuse your application on the following grounds:

– The housing market in the area your property is located has been declared “Under Pressure” (zona tensionada in Spanish).

– The maximum number of tourist rentals in the area has already been reached.

The good news is that the Town Hall must publish this information, so the general public will always be aware of the areas where tourist licence applications will be rejected on the above grounds before they start the application process.

10) What else do I need to apply for a tourist licence?
Once you have checked the Town Hall has no problem with your area and that your neighbours will allow you to operate a tourist rental, you will need to contract an architect or property expert to inspect your property to produce two reports:

a) The report required by the Town Hall confirming your property complies with all the requirements specified in the new law regulating tourist rentals.

b) Energy Performance Certificate (Certificado de Eficiencia Energética in Spanish)

The Town Hall will then issue a Certificate of Urban Compatibility (Certificado de Compatibilidad Urbanística in Spanish).

The last step in the process is to submit a Statement of Responsibilities (Declaración Responsable in Spanish) including the aforementioned Certificate of Urban Compatibility from your Town Hall to the Valencia Regional Government, who then decide whether to add your property to the Official Register of Tourist Rentals and award you a tourist licence. This last step can take a couple of months.

11) Can you be fined for renting out your apartment illegally?
The fines imposed on homeowners for renting out their property without a tourist licence have increased significantly and now range from €100,000 to €600,000 depending on the seriousness of the offence.

Conclusion

We hope these FAQs are useful, but HomeEspaña highly recommends any potential or current homeowners contract the services of a specialist in tourist rentals to ensure their properties comply with the new regulations.