EXPLAINED – Spain’s Touristic Licence

25 January 2023 | Tags: , , , ,

We explore Spain’s touristic Licence and the different requirements by some of Spain’s automonos regions – who needs it, what is payable and how you apply.

What is a touristic license?

The touristic rental is a license that will allow you to rent out your property as a tourist accommodation.

There is no fixed term for a rental to be considered as touristic, but the important feature is its purpose. When it’s rented for tourist, holiday or leisure purposes, a touristic license will be required. Likewise, if it is advertised through a tourism marketing channel, or offered by companies that manage touristic accommodations, a license will also be needed.

When is the touristic license needed?

If the property is rented out to someone who will use your property as their main residence, even if it is for a short period, this license is not needed.  

Each region has its own rules and a central Registry of tourist homes and by obtaining the touristic license, your property will be included in such Registry, which can be publicly accessed by anyone. 

Which are the requirements / documents needed?

Regardless of where the property is located, in general each property to be rented should have the following:

  • All bedrooms and living room must have direct ventilation to the exterior and have some form of system to darken the windows (blinds/shutters);
  • Be sufficiently furnished and equipped for immediate use by the number of places to be rented;
  • Hot water
  • First-aid kit
  • A complaints book

Requirements in different parts of Spain

Some special requirements are compulsory depending on where your property is located. For example in Andalucia, a License of first occupation is mandatory. Depending on the age of your property, you may have not have it. In some cases we can obtain an alternative document that will allow registration with the Tourism board. However this has to be analysed case by case.

In Valencian region, prior to registration with the Tourism registry, it is necessary to obtain an urbanistic certificate from the Town hall confirming the property is suitable to be used for touristic rentals. Town Halls charge a fee of approx. 70-90 euros for issuing the certificate and it can take up to 2 months to be issued. It is important to note that in Comunidad Valenciana you must rent the property fully, not by rooms.

Also, it is compulsory to put a sign outside the property that confirm the property is registered with the Tourism registry, same as in the region of Murcia. 

In the Canaries a property can only be rented out for touristic purposes if it has a touristic licence and the complex and rentals are managed by an exploitation company.

In the Balearic Islands you need to purchase the license known as “beds”, for the number of guests you intend to have at the property and you cannot have more than 3 houses in a holiday rental as an individual. Some areas in the Balearic Islands could be currently restricted to a maximum of X days/year of holiday rental therefore it is important to check prior to your purchase if your plan is to use the property for holiday rentals.

Are there any fees?

This depends on the region. In Comunidad Valenciana and Andalucia there is no charge for obtaining this license, whilst in Murcia the first one can be obtained for free, but the second one will be paid according to the numbers of places that are available in the accommodation. This fee would range from 17 € approximately for 2 places to 86 € for more than 8 places.

How long does the process take? 

In Andalucia we can help you submitting your application online. In general we will obtain the identification code that must be included in all online advertisement automatically. However, if the property is rustic then it can take a few months until we receive the final registration code. 

In Comunidad Valenciana, as we need to obtain the aforementioned urbanistic certificate from the Town Hall beforehand, the process could take a little longer as we would need to receive it before applying for the license itself. Normally, this certificate is received within 2 months.

When can I rent out my property? 

You can start renting the property since the moment your application is submitted to the Tourism authorities. In Andalucia and Murcia typically we will obtain the registration code at the same moment that your application is submitted. In the Valencian area it typically can take 8 to 12 weeks for the final registration code to arrive, but as said you can start renting the property from the moment your application is submitted to the Tourism authorities.

What are the duties of the Landlord? 

Once you start renting it out, you will need to have an accessible complaint’s form, as mentioned before, and also a visible sign outside the property to identify the property as touristic accommodation, if this is located in Murcia and Comunidad Valenciana. This, however, is not required in Andalucia.

Regardless of the region, every landlord must report the identity of the tenants to the Police or Guardia Civil every time a new rental starts, by providing their identification documents.

Finally, in Comunidad Valenciana you must also have a civil liability insurance to cover any potential damages caused during the rental, which can be arranged with any insurance company. Generally, insurance against claims is strongly advisable. 

What if there is a change of ownership or I want to deregister my property? 

Any alteration has to be informed to the corresponding Registry, so that the information of the touristic accommodation can be updated, or even removed from it, if you don’t wish to continue with the touristic rentals.

Do I have to pay tax on the income I generate? 

You are obliged to present quarterly tax returns on income generated and costs incurred in maintaining and handling the rentals. These costs can be deducted, if you are renting the property and you are a tax resident of the EU. If you are using it as a holiday home for you and for your friends the costs are not deductible. 

An example of some deductible costs: the community fee, the IBI (Town Hall rates), the mortgage cost that you may be paying if you have a mortgage loan and management company fees if you have a management company dealing with it and any accountancy fees incurred. 

Just bear in mind that these costs are deductible only if you are resident in the European union. Moreover, if you generate rental income in Spain then you have got to pay tax in Spain on that income and then you also may have to declare that income in your home country and pay any additional tax there.

For help obtaining a Touristic Licence, payment of tax or with any matters relating to property rental, do contact us.  We are here to help

My Lawyer in Spain

Written by:
My Lawyer in Spain

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