The New Legal Procedure for Holiday Rentals (Valencia Region)
You may recall last year that we posted an article about the new law that it is obligatory for all owners letting out properties as holiday lets in the Valencia region with no official agent to apply for a tourist licence (we can only comment on our area).
Please see this article on How to obtain a tourist licence Alicante
How to Obtain a Tourist Licence (Valencia Community)
A client has now suggested to us that we write a blog on the rules for holiday rentals, as many people are not clear. The police have sent us the new law and these are the main points:
– All establishments letting rooms (hotels, apartments, bed and breakfasts etc.) are now obliged to keep a register book in which they note the details of the people entering the property, in accordance with the procedure established by the Ministry of the Interior. This has to conform to the model decided by the Ministry.
– Any person over the age of sixteen who enters the establishment must sign an entry document, according to the procedure by the Ministry of the Interior.
The details of the entry must match the data contained in their passport or National Identity Document, which will have to be shown by the renters (passports for Foreign travellers, DNI’s for Spanish). Which is why now in Spain if staying anywhere you must take your passport with you.
Renters must give personal information because of the law (Ley orgánica 15/1999 from 13th December). If they are concerned about Data protection law, they are covered under the provisions of article 12.1 of Ley Orgánica 1/1992 from 21st February (Protection of citizen security).
The renters must sign a form (which we can show our clients) when entering the property and the landlord must save it for three years.
In addition, the landlord must fill in a form online giving details of the people staying to the police, accessing this with codes from the Police station.
Landlords must have a sign outside their front door by law (shown here).
Generally, with a holiday let, the person who has the keys (keyholder) is the only one who will meet the renter personally, or the owner, to give them the keys. So it is the person letting the renters in who has to ask the renter to fill in the form with the data and to sign it. We can provide the forms to our customers.
The owner or your keyholder has to keep the forms in a folder and store them for 3 years. The owner or landlord must ensure that they or the keyholder get the form filled in and signed because the responsibility for this is on the owner of the property. The Valencian authorities are now just beginning to check this is being done, and it is very simple for the Inspectors to find a property on a renting website then check whether the owner/keyholder are acting legally.
How can Spanish Solutions help?
Up until last month, our office only dealt with obtaining the Tourism licence, not obtaining access codes to complete the Police report, nor the official sign required. After the end of March 2018, we started offering the steps of going to the Police station to get the user and password for the online access and printing the sign to be installed, as well as the actual Tourism licence.
Spanish Solutions can help clients apply for a tourism licence to let their apartment or even just a room. Please contact us for any enquiries. We can also help you with the guidance as to how entries must be recorded for each person staying at the property (a form filled and then stored in a folder).
We can help clients get the codes to access the forms online where the renters’ personal data has to be detailed by law. We can also print the sign that the landlords have to install at the front door, by law. We can also help with explaining how taxation issues work.
If you are struggling to find genuine, honest, English- speaking legal help in Pilar de la Horadada, Mil Palmeras, Los Alcazares, Torre Pacheco or similar areas? If so we can help! Don’t sign anything before talking to us and give you our legal advice. We come to you in an hour! Nicola works closely with the expat community here in the Orihuela Costa and surrounding areas, her areas of work are NIEs, Residencia, Wills and any Traffic matters,.
So, in summary, how does it work in practice to be legal?
A Customer advertises on the web via a holiday letting website their apartment in La Zenia, for instance.
They receive a query for a booking through the website.
They confirm the booking for dates requested and collect money via online bank transfer
So all correspondence is via the website between the renter and the landlord.
However, the landlord sends messages to their Keyholder in Spain via mobile app to inform her of the renter’s arrival information in order to arrange for handover of keys.
With the new regulations, the keyholder gets the renters to fill and SIGN the Police form and places it on a folder to keep for three years, then either they log on to the online access uploading the information online using the login and password or they send it to the landlord to action.
Data Protection and Security
There should be no concern over the personal data of the renters as it is stored by the Police securely, and is very definitely safe. it is exactly the same as a hotel asking for names, details, passports and a signature. The landlord will never be liable for the renters’ behaviour. The landlord is simply responsible for communicating their personal data in the 24 hours from the date of entry, and they are covered by Data Protection Law etc. but clearly any unlawful acts carried out by the renters, the renters are liable for. There is no responsibility on the owner of the property.
Many of you reading this may be very surprised at this new law, having rented out your property for years without all this bother. Unfortunately, though, this is the new law on holiday rentals; your property is considered as a tourist apartment with the same requirements as a hostel, bed and breakfast or hotel, and the police have said that this is all for everyone´s security.
This is important and we urge anyone letting their property to abide by the law. Spanish Solutions can help you and it is fairly inexpensive. Please contact Ana for assistance with this matter.