Legal requirements for the management of holiday rentals in Murcia

September 2023

The legal requirements for holiday rentals in the Region of Murcia can vary depending on location, size, season, services and facilities offered. The success in the management of rentals depends on the ability of promotion and administration by the manager or owner, but have you ever wondered what are the laws to comply with to avoid penalties or fines?

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Decrees and laws applicable to holiday rentals in Murcia

Law 12/2013, of December 20

The Tourism Law of the Region of Murcia regulates the legal regime in the leasing of real estate, where it establishes important aspects such as the duration of the lease contract, rate updates based on the Consumer Price Index (CPI), expenses and contract renewals. In holiday rentals, multiple measures are regulated on the basis of this law.

Decree 256/2019 of October 10, 2019

Scope of application

This is the official decree to comply with the legal requirements for holiday rentals in the Region of Murcia. The main feature is based on the fact that each dwelling for tourist use is temporarily given to travellers, with the appropriate equipment to be promoted by advertising media. 

Tourist housing is classified into two types:

• Offered in full.
• Offered in the form of dormitory rooms.

Is Liability Insurance necessary?

The owners or managers must always have the Civil Liability Insurance document, with a minimum coverage of 300 thousand euros in case of loss. These contracts must be in force and include measures for damages to persons, materials and others.

Procedures may vary when obtaining liability insurance, but most commonly the following steps are taken: 

1. Identify needs: Determining the type of coverage needed is key for holiday rentals – so assess potential risks!
2. Insurance companies: Insurance companies offer liability coverage for holiday rentals, and local insurers can be contacted directly.
3. Report availability of equipment: It is necessary to provide detailed information of the property with all available equipment.
4. Analyze the coverages: Liability limits, exclusions and general conditions must be taken into account.
5. Completing the application and paying the premium: Once the insurer is chosen, the insurance application is completed and the premium is paid to activate the policy.
6. Obtaining the policy: It is recommended to keep the document in a safe space.

What should the maintenance and upkeep of a tourist accommodation be like?

All rooms for rent must be in excellent condition and provide guests with guides on appliance instructions. In addition, they must take into account aspects such as:

• Accessibility: Properties offered as a whole or by rooms must have access to public roads. 
• Equipment:  The rental must have doors, kitchen, crockery, pillows, towels and other furnishings according to the places available.
• Supplies: Each rental dwelling must be supplied with drinking water, gas, electricity, sewage treatment and disposal. In addition, a fire extinguisher installed in an accessible space and a first aid kit are mandatory.
• Distribution: It is mandatory to have a kitchen, dining room, bedroom and bathroom. If it is a room for rent, it must have a kitchen, bathroom and bedroom.
• Capacity: The maximum capacity of the dwellings is 10 persons, determined by the number of beds in the bedrooms. These must comply with the surface area parameters:
  • Single bedroom: 6 m² of floor space.
  • Double: 8 m² of surface.
  • For each berth: 3.5 m².
  • Rooms with sloping ceilings: Height not less than 1.50 meters.
• Basic kitchen equipment: Rentals with a dining room and living room must have a sofa and a table, with the number of chairs equivalent to the maximum capacity of the property. In addition, the kitchen area must have ventilation from the outside. It must also have a sink, extractor hood, refrigerator, microwave and other necessary utensils.
• Basic equipment of bedrooms: Beds should be no less than 0.80m wide if single and 1.35m wide if double; and will provide guests with mattress, pillow, bedding and box spring . They must also have a closet, light point, socket, chair and bedside table. Each of them must have ventilation with patios or exteriors.
• Basic bathroom facilities: Bathrooms must have at least one shower or bathtub, toilet, sink, mirror, electrical outlet and towels. In addition, they must have direct or forced ventilation.

What to take into account for the proper functioning of the rental?

A tourist rental service must always consider the compliance of the laws with the imposed parameters. For a good operation the housing for tourist use must:

• Inform guests of the price prior to admission, with fees for additional services.
• The owner or manager must receive the guests and collect information on each of them in a log book with their arrivals and departures. Subsequently, the person in charge of the stay must provide service guides for firefighters, clinics, hospitals, transportation, among others.
• Accommodation is counted by days or days, starting at 5:00 p.m. on the day of arrival and ending at 12:00 noon on the day of departure, unless otherwise agreed
• All accommodations must have a complaint form, in accordance with Decree 3/2014, January 31. 
• All contracts must have date specifications.
• Each owner has the right to modify the rate for new guests.
• Owners or managers may require an advance amount from guests prior to the check-in date.

How is the procedure to obtain the Responsible Declaration?

At the Institute of Tourism of the Region of Murcia it is necessary to obtain the Responsible Declaration based on Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. The documents that must be submitted to the agency are:

• Identity documents of the owner or manager.
• The documents in connection with the dwelling must indicate the owner.
• Representation by the owner that the property is in good condition.
• Include the number of seats in the property.
• Indicate the immediate availability of the property as a dwelling for tourist use.
• Have Liability Insurance and sign a term agreement.
• If the rental is for rooms, a manager must always live in the property.
• Indicate the name of the person in charge of receiving guests.

With these documents approved by the competent body complies with the Law 12/2013 of Tourism of the Region of Murcia avoiding penalties. Once with the Responsible Declaration, you can exercise the tourist activity in the territory of Murcia.

Which agency is in charge of the inspection?

The tourist office or the town hall in the municipalities in the Region of Murcia are in charge of carrying out the inspections, checking for compliance with Decree 3/2014, of January 31, Law 39/2015, of October 1 and Law 12/2013, of December 20. Once the inspection has been carried out, the competent body proceeds to grant the classification with the establishment category. Subsequently, the Registry of Tourism Businesses and Activities is responsible for giving the license number.

The agency considers aspects such as:

• Accuracy of equipment and services in the property.
• Any omission or inaccuracy implies the impossibility to continue with the process for holiday rentals in Murcia.
• The facility must meet all the conditions based on its classification.
• The owners or managers must commit to collaborate with the Tourism Institute of the Region of Murcia. 

Modifications to Tourist Homes

If you want to expand your property or wish to make any modifications, it is necessary to inform the Institute of Tourism of the Region of Murcia of these changes, otherwise the tourism license may be revoked. When carrying out these activities, the classification of the property can change, and it is necessary to modify the data in the Registry of Companies and Tourist Activities.

The reforms to be considered are:

• Changes in infrastructure.
• Additional services such as gardens, swimming pools, saunas, among others. 
• Equipment such as new appliances.

Application of decrees and laws in tourist apartments

The houses for tourist use in Murcia apply the same decrees and laws as hotels and apartments for tourism. On the basis of Decree 75/2005, of June 24, this type of lodgings happen to be registered temporarily in the Registry of Companies and Tourist Activities of the Region of Murcia. The procedure lasts approximately 10 days, then a period of 6 months is granted to indicate the start of tourist activity. 

It is necessary to comply with all legal requirements to obtain the license and be able to rent the property. In addition, it is recommended at the start of activity to have a log book where travelers over 16 years of age must sign in. Not having a register can imply a fine between 600 euros to 30 thousand euros.

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