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Costa Blanca Renting Regulations - How to Comply

The Tourist Authority for Valencia has introduced new regulations concerning the renting of tourist establishments, which became effective on 4th July 2009. DECREE 92/2009.
This article endeavours to explain how to comply with the new regulations, which recently passed to law.

The Decree 92/2009 was published in the official diary of the state of Valencia 2009/7961 in Spanish and Valenciano. It is actually an update to the previous regulations 30/1993, of 8th March 2003 which it extends and enhances.

See also a further detailed article about the new renting regulations.
Help Advice and Comments about this Article.

How to Comply with the Tourist Renting Regulations -

1. The property must comply with certain characteristics and these are reproduced below. Annex - Technical Requirements.

2. Who needs to comply? In short, anyone who commercialises a tourist establishment in the State of Valencia (which comprises the provinces of Alicante, Valencia and Castellon).
"Commercialisation" is considered to mean any method of advertising including the Internet or other any similar channel or system of new technology, through tour operators or holiday rental companies.

3. Register the property as being available for Tourist Rentals.

Who is exempted from registration?

a) The owner of a single property who does not commercialise i.e. who finds clients by "word of mouth". Nevertheless they have to comply with all other requisites of the new tourist rental regulations.

b) Owners who arrange their rentals through a rental agency which is legally registered as such in Valencia, in which case the rental agency has to comply.

c) Owners whose rentals are regulated by the Law of Urban Renting and when no services are involved at all i.e. long let rentals.

The requirements for registration. The completed for signed by the registrant plus the following documents -

a) Proof of identity (NIE number or DNI for Spanish nationals)

b) Habitation Certificate or Certificate of First/Successive Occupation. (Cedula de Habitabilidad o Cedula de Primera/Sucesiva Ocupación).
This is the most complicated aspect of the registration. see below.

4. Display a visible sign, in or outside the property, relating to the category and registration details.

5. Quote these registration details on all advertising material including ads in the press or Internet. This requirement is obviously very important because, apart from being a legal requirement, the lack of registration details would indicate the possibility of non-compliment to the Tourist Authority.

6. Other Requirements: There are many other requirements, mostly fairly simple, which are beyond the scope of this article. These apply to the obligations of both the renter and the client.

The Habitation Certificate.

If the property was completed within the past 10 years or the habitation certificate renewed within this period then it is just a case of producing the document.
If this has been lost then it is just a case of applying for a duplicate from the Town Hall, current cost is around  €30.00.

If the property is more than 10 years old then the habitation certificate has to be renewed.
Firstly a certificate has to be obtained and stamped by the College of Architects or Surveyors (Aparajadores).
Then the new certificate should be requested from the Town Hall and the following are required -

a) The application form, signed and completed.

b) Photocopy of the NIE or DNI of the applicant.

c) Escritura (Title Deed).

d) Document accrediting the age of the property, if this is not mentioned in the Title Deed.

e) The last IBI receipt.

f) The certificate from the Architect or Surveyor.

g) The last receipt for water and electricity.

h) Proof that the Town Hall fees have been paid (bank certificate).
The current cost is around €12.00.

ANNEX - Technical requirements for the selected categories.

Please not that the scope of these requirements applies to all types of rental properties (villas and apartments) and some of them do not apply to particular property types.

1. Access, communication and parking.

 

Superior

1st-Class

Standard

"Clients Only" Entrance (Apartment Block)

YES YES YES

Lift - in excess of floors (Apartment Block)

G + 2 G + 3 G + 4

"Clients Only" Staircase (Apartment Block)

YES YES YES

Off-Street Parking for Clients

YES YES -

 

2. Services and Installations

 

Superior

1st-Class

Standard

Thermal and Acoustic Insulation according to current regulations

YES YES YES

Power points in a bedrooms marked with the voltage (*)

YES YES YES

Minimum level of lighting in accordance with current regulations.

YES YES YES

Off-Street Parking for Clients

YES YES -

Air Cond. in Bedrooms (**)

YES - -

Air Cond. in Living Areas (**)

YES - -

Heating in Bedrooms (**)

YES - -

Heating in Living Areas (**)

YES

YES

-

Telephone and Internet Access

YES - -

Hot Water

YES YES YES

Communal Gardens (Apartment)

YES - -

Private or Communal Pool, if not front line to beach

YES YES -

Individual Safe for Valuables

YES YES -

Emergency exit sign and plan (Apartments)

YES YES YES

Visible sign listing emergency and interesting phone numbers

YES YES YES

The provision of services, such as cleaning, laundry, linen change, repairs, maintenance and rubbish collection shall be in accordance with the contract for renting.

(*) The sign indicating voltage on each power point my be substitute for one that applies generally and placed so that it is clearly visible.

(**) There must always be the possibility of adjusting the temperature in accordance with current regulations relating to energy-saving.
The control must be for each individual room in respect of superior category. For other categories there may be one common control for all areas.

3. Dimensions of the Establishments

 

Superior

1st-Class

Standard

Double bedroom, including the wardrobe M2

12 10 8

Master bedroom (*), including the wardrobe M2

14 12 10

Individual bedroom, including the wardrobe M2

9 8 6

Each place in bunk beds M2

- 4.5 3.5
Living room with kitchen M2 26 22 18
Living room without kitchen M2 20 17 14
Bathrooms or shower rooms (**) YES YES YES
Bathrooms or shower rooms M2 6 5 4.5
Kitchen M2 8 7 5
Washing Machine YES - -
Studios (***) M2 (****) 34 29 24

Bathrooms or shower rooms for each establishment.

6 persons or more

4 persons or more

less than 4 persons

1 bathroom
+
1 bathroom or shower room
2 bathrooms
or shower rooms
1 bathroom
or shower room

(*) Minimum one for each establishment

(**) Bathrooms must have a bath with shower, basin and WC and the shower rooms a shower stall, basin and WC.
In the superior category, if there is only one bathroom or shower room then this shall be a full bathroom with bath and shower, if there are two then one may be a shower room.

(***) Establishments that have a living/dining/bedroom (incorporating a kitchen or not) and a bathroom.

(****) Area does not include the bathroom.

4. Facilities to be provided at the establishment.

Generally the establishment shall be equipped with furniture, cutlery & crockery, cleaning equipment, household linen and other utensils & accessories necessary according to capacity.

All bedrooms must have a wardrobe, either inside or outside, otherwise they cannot be categorised.

Establishments of superior or 1st-class category shall have a colour TV.

 

Superior

1st-Class

Standard

All kitchens shall be equipped as follows -

Hob (*)

YES YES YES

Refrigerator

YES YES YES

Electric Iron

YES YES YES

Oven or Microwave

YES YES YES

Smoke extracto

YES YES YES

Automatic Washing machine

YES YES -

Dishwasher

YES - -

(*) The hob must have at lest 2 burners if the capacity is 4 or less, otherwise it shall have 3.

See also a further detailed article about the new renting regulations.
Help Advice and Comments about this Article.

EXTERNAL LINKS

Official diary of the State of Valencia 2009/7961 - the full text in Spanish and Valenciano.

New regulations for private holiday home rentals in Valencia - from HolidayLettings.com

© M J King 2009. This article may be reproduced party or completely providing that authorship and copyright are recognised with a link to the full article as follows -

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