Sustainable Tourism Law

PRIVATE HOLIDAY RENTALS IN SPANISH LAW 201 3. The marketing of new tourist stays in homes is also subject to deregistering and ‘providing’ the same number of places matching the new places to be marketed (whether from other tourist accommodations or other properties subject to tourist marketing). The places/beds that are deregistered must have been acquired at the time in an onerous manner or may be obtained from place/bed exchanges managed by tourism authorities, as long as there are available places. This means that the Act follows a “registration” and “deregistration” system for places that is generally applicable to all hotel and non-hotel tourism establishments, which enforces a deregistration or cancellation of current accommodation places/beds for each new place put into operation, so that the total number of tourist places does not exceed the maximum established limits. 4. Presenting the corresponding statement of compliance that authorises the business in question for an initial period of five years. After this period, the property may only continue to be marketed if all legal or statutory requirements continue to be complied with, including the urban area continuing to be deemed suitable for this type of business, for renewable periods of the same duration. 5. Residential properties subject to tourism marketing must be accredited regarding sustainability by obtaining, before being advertised, the energy certificate set out in regulations. 6. It is not possible to market homes subject to horizontal property law to tourists if the foundational title or owners’ association statutes do not allow it. And where there is no ban therein, in order to market the property to tourists there must be an agreement from the Owners General Meeting representing a majority of shares in the property, expressly allowing the marketing of the property to tourists. This agreement must be registered in the Land Registry. 7. No type of residential property that has been subject to the official subsidised housing or controlled pricing system may be marketed to tourists. 8. The maximum tourist stay for this type of property is one month. 9. The companies marketing tourist stays in residential properties must take out an insurance policy that covers civil liability for damage/harm to users of the property during their stay therein. 10. The law requires a property to have been in residential use for at least five years before it may be marketed for tourist stays. Thus, the law intends

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