Changes to the new tourist housing decree in the Valencian Community
What the 2024 Valencian Tourist Rental Law Means for Landlords
November 2024
Holiday rental landlords in Spain’s Valencian Community need to be aware of new laws that have been introduced in 2024. Decree Law 9/2024 has made some serious changes to the field of short-term rental, and it’s important that you stay on the right side of the new housing law. Here’s what you need to know.
Who is affected by the new tourism law in the Valencian Community?
Spain is divided into 17 different zones, known as autonomous communities (comunidades autónomas). Each has its own regional government with the power to set some laws.
The Valencian Community (comunitat valenciana) covers the three provinces of Castellón, Valencia, and Alicante. Crucially, it includes several popular tourist resorts located on Alicante’s Costa Blanca, such as Benidorm and Torrevieja.
Landlords operating in these three provinces are all impacted by the new decree on tourist use housing. Keep in mind, though, that individual provinces and municipalities also have some power to create legislation. These new laws cover all the Valencian Community, but specific cities within the Community may have their own regulations that you need to meet.
The law defines tourist use housing through three criteria:
- Properties must be rented out completely — they are not single rooms.
- Properties must have been approved for tourism purposes by the relevant municipality.
- Properties must be available for immediate occupancy, and available to be rented for a period of 10 days or less by the same tenant.
There are already existing laws covering tourist use housing in the Valencian Community. Your property must be registered for tourist use and should have its own unique reference number. This reference number, along with the emblem of the Valencian Community, must be clearly displayed outside. Registration is valid for a period of five years. After that, you will need to re-register to renew.
The new rules on tourist use housing in the Valencian Community
The new rental housing decree introduced in 2024 has several new conditions that tourist housing must meet. Before you can rent a holiday flat or house, make sure that it complies with the following:
- It should meet the official requirements of minimum size for residential properties.
- It should have adequate lighting and ventilation.
- It should have an emergency evacuation plan posted clearly near the entrance. Additionally, it must have multilingual emergency instructions.
- Holiday flats on the fourth floor or higher must be accessible by a lift.
- Holiday flats on the ground floor must have a separate entrance for guests.
- You must provide guests with a 24-hour customer service phone line.
Additionally, there are many new requirements you’ll need to meet before you can rent your house for holidays and short stays. These changes to the holiday rental law in the Valencian Community are designed to stop antisocial behaviour from tourists, as well as to promote good neighbourly relations. They include:
- You must obtain a municipal report confirming that your property is suitable for use as tourist accommodation.
- You must obtain a certificate from your building’s homeowners’ association confirming that nobody objects to your decision to use the property for tourist rentals.
- Your guests must adhere to the homeowners’ association rules when it comes to service, behaviour, and pets.
Prohibitions for landlords under the new rental housing decree
Finally, the new law introduces some prohibitions. As a holiday rental landlord, you must follow these:
- You may not rent out individual rooms within a property. The entire property must be rented out.
- You may not rent out a property for more than 10 days to the same tenant.
- You may not use key safe boxes in public spaces.
Why has this new law been introduced?
The Valencian Community, with its long Mediterranean coastline and year-round good weather, has long been a popular tourist destination. The tourist industry is extremely important to the economy of the region, but it brings a few problems.
In recent years, the average rental price has increased as more and more properties are transformed into holiday rentals. Furthermore, local residents often find themselves sharing a building with tourists. The resulting antisocial behaviour leads to noise complaints and even police disputes. Some residents are also unhappy about more and more digital nomads renting out properties, as they are seen as a gentrifying force with a negative impact on traditional local communities.
Since the COVID-19 pandemic, there has been a sharp increase in anti-tourist sentiment across Spain. The new laws in the Valencian Community are designed to encourage a more harmonious relationship between local residents and holiday rental landlords, while still respecting the importance of tourism for the region.
What happens if I am not compliant with the law?
Failure to comply with this new law can have serious consequences. If you advertise a holiday home that is not compliant, you will face a heavy fine. Furthermore, you may lose your short-term rental licence, effectively prohibiting you from working as a holiday rental landlord in this part of Spain.
Crucially, this new law puts extra power into the hands of homeowners’ associations and ordinary residents. If your building’s homeowners’ association vetoes your attempt to rent out your property for tourists, then you must respect their decision. After all, these are your neighbours, so they will know at once if your property is still being used for tourism purposes.
Do not attempt to advertise your property on a holiday rental portal if you don’t have permission to do so, as the consequences are severe.
The future for holiday rental landlords in the Valencian Community
The new law makes it clear that the Valencian government is focused on striking a balance between local residents and the tourist industry. You will need to speak with your neighbours about plans to rent out a tourist flat. Listen carefully to their concerns, and think about how you can offer solutions. For example, installing smart noise detection devices will allow you to monitor antisocial behaviour and act appropriately in the case of a dispute.
You should also think about how you, as a holiday rental landlord, can give back to the local community. Reach out to locally-owned businesses for your upselling and cross-selling promotions. You might want to offer your guests deals on dining at local restaurants or special tours with guides from the city. If you can show how your business is benefiting the Valencian economy and providing opportunities to ordinary people in the neighbourhood, then your neighbours may be happier.
Make sure that your business is fully compliant. Display your tourist registration number on your holiday rental website, and check all the regulations carefully. By following the new legislation, landlords may be able to stop more drastic laws being introduced, as has happened in nearby Barcelona.