Dear Client,
The purpose of this page is to inform you about the changes that, starting this year, will be implemented in the legislation regarding Tourist Rentals and access to the Schengen Area for entering the European Union.
We are dealing with up to three institutions that have legislated on the sector or on aspects related to it, which impact both the activities we carry out and those of our clients. We will do our best to explain it as clearly as possible, outlining the updates based on the institution responsible for the legislation:
REGIONAL GOVERNMENT
https://dogv.gva.es/datos/2024/08/07/pdf/2024_8209_es.pdf
- Establish a maximum rental contract duration (10 days) for tourist apartments.
Article 2. Amendments to Law 15/2018, of June 7, of the Generalitat, on tourism, leisure, and hospitality in the Valencian Community
- Article 65 is amended to read as follows:
“Article 65. Tourist-use housing. - Tourist-use housing refers to entire properties, regardless of their typology, that are rented for a fee, made immediately available, for tourism purposes, for a period equal to or less than 10 consecutive days to the same tenant. These properties must have a municipal compatibility report for favorable tourist use or an equivalent document determined by regulation, as well as, where applicable, the required municipal permits for such use or activity.
- In accordance with the concept of tourist-use housing, the following cannot be considered as such:
a) Housing rented for a period equal to or greater than 11 consecutive days to the same tenant.
- We need to communicate the periods of the year during which we have rentals exceeding 10 days.
Article 3. Amendment to Decree 10/2021, of January 22, of the Consell, regulating tourist accommodation in the Valencian Community
- Article 23 is amended to read as follows:
“Article 23. Content of the responsible declaration for tourist-use housing
J) Period of activity provision in the property. For each property, the period during which the activity will be provided must be declared, and it may only be marketed for tourism purposes during the indicated periods.
SPANISH GOVERNMENT
Given the large number of illegal tourist properties, the state will implement legislation to regularize legal properties and apply a fiscal framework, adding a 21% VAT tax to rentals.
Accommodation service prices are not subject to VAT until the new law comes into effect. At that point, we will apply the legislation by adding the new tax to the price.
SPANISH GOVERNMENT AND EUROPE
https://www.boe.es/diario_boe/txt.php?lang=es&id=BOE-A-2021-17461
https://uk-eta.com/uk-eta-vs-eu-etias-a-comparison-guide-for-travelers/
Anticipating the upcoming European regulations (July 2025), the Spanish government is implementing, starting January 1st, an expansion of the documentation required from tourists visiting Spain, and soon the “Schengen Area.” Information about the tourist and, on the other hand, about the transaction will be requested.
TRAVELER Information to be provided in the case of professional activity
- Traveler information
a) First name.
b) First surname.
c) Second surname.
d) Gender.
e) Identity document number.
f) Document support number.
g) Type of document (ID card, passport, TIE).
h) Nationality.
i) Date of birth.
j) Place of habitual residence.
- Traveler information
– Full address.
– City.
– Country.
k) Landline phone number.
l) Mobile phone number.
m) Email address.
n) Number of travelers.
o) Relationship between travelers (in case any are minors).
4.Transaction details
a) Contract details.
– Reference number.
– Date.
– Signatures.
b) Contract execution details.
– Check-in date and time.
– Check-out date and time.
c) Property details.
– Full address.
– Number of rooms.
– Internet connection (yes/no).
d) Payment details.
– Type (cash, credit card, payment platform, transfer…).
– Payment method identification: card type and number, bank account IBAN, mobile payment solution, others.
– Payment method holder.
– Card expiration date.
– Payment date.
