1. Properties for tourist use are complete properties, whatever their typology, which are ceded for a price, under conditions of immediate availability, for tourist purposes, for a period of 10 days or less, calculated on a continuous basis to the same tenant, and which have a favourable municipal report of urban development compatibility for tourist use, or an equivalent document that is so determined by regulation, as well as, where appropriate, the municipal authorisations required for this use or activity. The properties for tourist use are assigned in their entirety, and room-by-room assignment is not permitted. Furthermore, in accordance with cadastral legislation, and for the purposes of the physical identification and location of the properties in which the tourist accommodation activity is carried out, it will be compulsory to state, both in the responsible declarations made and in the contracts for the transfer of the properties, the unique and individualised cadastral reference of the property. The minimum content of the municipal report of urban development compatibility for tourist use or equivalent document shall be established by regulation.
1. Article 23 is modified, which is worded as follows:
‘Article 23. Content of the responsible declaration for tourist accommodation The responsible declaration shall contain the identification of the person or entity owning the activity, including telephone number and e-mail address for the purposes of notices of availability of electronic notifications, as well as the identification of the person owning the property, in the event of being different from the person or entity owning the activity. In addition, it must contain the identification details of the property and an express statement on the following points
a) That the property or properties are available for tourist use and the documentation that accredits this as the case may be (title deed of the property, rental contract, authorisation for management between the owner and the company, or other valid title for these purposes).
b) That the property or properties have the requirements demanded by the regulations for their registration in the Register with the reported capacity, and that these requirements will be maintained during the duration of the activity.
c) That it has the favourable municipal report of urban development compatibility for tourist use, or equivalent document provided for in these regulations.
d) That the cadastral reference given is unique and individualised and corresponds to the current physical, economic and legal reality of the property or that, failing this, the unique registration code of the property is recorded on a provisional basis until the corresponding unique and individualised cadastral reference is obtained in less than one year.
e) That it has a licence for first or second occupation of the property or the equivalent authorisation provided for in Decree 12/2021, of 22 January, of the Consell de Reglament de la Declaració Responsable for the first and subsequent occupation of properties, as well as, where applicable, the municipal authorisation required for use as tourist accommodation, when, in accordance with municipal planning, the use of the property as a tourist property is residential. Exceptionally, in cases of proven impossibility, an equivalent municipal report will be accepted.
f) That the tourist property complies with the design, quality, accessibility and safety conditions established in 49.2, 3 and 4 of this Decree, and that it has the necessary licences, authorisations, enabling titles or any other municipal urban planning, environmental or opening instruments required for its use as a tourist accommodation, when, in accordance with municipal planning, the tourist property is considered to be a tertiary use.
g) That it has a civil liability insurance policy or other equivalent guarantee to cover damages that may be caused in the development of the activity under the terms set out in article 26 of this decree.
h) That the property has the licences, certificates or authorisations required by other departments or public administrations, especially town planning, environmental, horizontal property, health and opening licences, where applicable, and that it complies with all applicable sectorial regulations.
i) If the establishment is located on land that cannot be developed, that it has obtained the declaration of community interest that attributes the corresponding tourist use and exploitation or, where applicable, that its exemption has been processed in accordance with current town planning legislation.
j) Period during which the activity is provided in the property. The period of provision of the activity must be declared for each property, which may only be marketed for tourism during the periods indicated
k) That it complies with the legal provisions relating to fiscal, tax and social security obligations and, in the case of having employees in charge, which are governed by the applicable collective bargaining agreement, corresponding to this economic activity.
l) That it has a registry certificate accrediting 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 property as a habitual residence, or that it has a certificate issued by the administration of the community of owners in the same sense.
m) That it complies with the obligations of Royal Decree 933/2021, of 26 October, which establishes the obligations of documentary registration and information of natural or legal persons who carry out accommodation and motor vehicle rental activities, or the regulation that replaces it.
n) In the case of holding the rural speciality, that it complies with the requirements set out in article 68 of this decree.
o) That it has the energy certificate of the property.
p) In the case of properties for tourist use that are established in premises for tertiary use of existing buildings, that it has the energy certificate of the property. In the case of properties for tourist use that are established in premises for tertiary use of existing buildings, that it has the energy certificate of the property.
‘Article 23a. Validity of registration in the tourism register of properties for tourist use
1. The registration of properties for tourist use in the tourism register of the Comunitat Valenciana shall be valid for five years, with the exceptions established in the Law and in this Decree.
2. The responsible declaration authorises the activity to be carried out for a period of five years from its presentation, and this must be stated in the corresponding registration. In order to renew the registration for a new five-year period and continue to carry out the activity, the owner of the activity, with the express permission of the owner, must present, in any case, within the month prior to the end of each period, a new declaration of responsibility for renewal. This declaration of renewal must be accompanied by a new, updated, favourable municipal report of urban development compatibility for tourist use, or an equivalent document provided for in these regulations. The new responsible renovation declaration shall expressly state that it complies with all the legal and regulatory requirements in force at the time of the renovation. For those properties registered prior to the entry into force of this Decree-Law, it will not be necessary to include the certifications mentioned in section l) of article 23 in this declaration of renovation. On expiry of the established period of 5 years without a new declaration of renovation and municipal report or equivalent document having been submitted, the property will be removed from the Register.
3. When there is a change in the ownership of a registered property for tourist use, either prior to the entry into force of Law 15/2018 or after its entry into force, the legal and regulatory regime and requirements in force will apply to both the property and the new owner, and a new responsible declaration must be submitted, with the provision of a favourable municipal report of urban development compatibility for tourist use or equivalent document.
ANNEX III
Minimum requirements for dwellings for tourist use.
Without prejudice to the conditions laid down in Article 49 of these regulations, the following minimum requirements shall apply to dwellings for tourist use:
1. ACCESS AND COMMUNICATIONS
- Evacuation plan of the building on the door of the properties or, failing that, emergency instructions in several languages.
- Lift (from number of floors Ground Floor + 4)
- Customer entrance, in the case of properties located on the ground floor. It should be understood that ground floor + 4 is exempt from lift.
2. FACILITIES AND SERVICES
- Power sockets in all rooms with voltage indicator.
- Hot water.
- Evacuation plan located at the door of the property.
- List of emergency and useful telephone numbers in a visible place.
- Refrigeration at least in living/dining room or living/dining room/kitchen.
- Heating at least in living/dining room or living/dining room/kitchen.
- Internet connection, unless the property is located in a geographical area without coverage.
- First aid kit.
- Detailed information on the nearest medical centre.
- List of emergency and useful telephone numbers.
- Reception service. Keys may not be handed in through boxes located on the public highway.
- Cleaning service
- Change of linen
- Repairs and maintenance
1.- The voltage indicator next to the power sockets may be replaced by a general voltage indicator for the entire accommodation, located in a clearly visible place.
2.- Always with the possibility of achieving a temperature in accordance with current legislation on energy saving.
3.- The provision of cleaning and laundry services, change of linen, repairs, maintenance and rubbish collection shall be governed by the provisions of the contract concluded for the occupation of the accommodation unit. The person responsible for the provision of these services will be the owner or proprietor of the activity, who must channel the requests of the clientele, being able to offer it directly or through third parties, without the mere indication of a professional or company to provide the service being possible. The properties must be handed over in a clean and well-maintained condition.
TRANSITORY PROVISIONS
First. Regulations applicable to files being processed
Files initiated prior to the entry into force of this Decree-Law shall continue to be processed in accordance with the provisions of the previous regulations, unless they voluntarily avail themselves of these by means of a written declaration to that effect.
Second. Regulations applicable to current contracts
Those properties for tourist use which, on the publication of this regulation, have been reserved or contracted for a period equal to or greater than 11 days, shall maintain the agreed rental period until its termination, at which point they shall be subject to the maximum rental period of 10 days calculated continuously to the same tenant, as established in this regulation.
Three. Transitional regime for the validity of the registration
Those properties for tourist use that at the time of publication of this regulation are already registered in the Tourism Register after the entry into force of Law 15/2018, 7 June, of the Generalitat, on tourism, leisure and hospitality of the Comunitat, will maintain the validity of the registration for the exercise of the activity for a period of 5 years from the entry into force of this regulation, after which they must submit a new declaration of renewal with the content and requirements established in article 23 bis of this decree. Those properties registered prior to the entry into force of Law 15/2018, 7 June, of the Generalitat, on tourism, leisure and hospitality of the Comunitat will only be obliged to present the responsible declaration of renewal, although only referring to compliance with the minimum requirements of Annex III.
Fourth. Period for adaptation of properties for tourist use registered in the Tourism Register of the Valencian Community Region
Properties for tourist use will in any case have, from the entry into force of this regulation, a period of 5 years to adapt to the requirements established in Annex III.
