Recently, the BOE has published the State Reference System for Rental Prices developed by the Ministry of Housing, pursuant to Housing Law 12/2023 of 24 May.
Introduction
The summary of the main regulation contained in Decree 75/2020, of 4 August 2020, of Tourism of Catalonia (hereinafter, “Decree of Tourism of Catalonia”) is detailed below, focusing primarily on tourist accommodation establishments, the new regime for tourist homes and the first regulation of shared accommodation for tourism purposes (homestay), as well as on the control of compliance with the requirements established by tourism regulations.
The summary of the main regulation contained in Decree 75/2020, of 4 August 2020, of Tourism of Catalonia (hereinafter, “Decree of Tourism of Catalonia”) is detailed below, focusing primarily on tourist accommodation establishments, the new regime for tourist homes and the first regulation of shared accommodation for tourism purposes (homestay), as well as on the control of compliance with the requirements established by tourism regulations.
According to the Explanatory Memorandum of the regulatory provision, “With this Decree, the regulatory integration of tourism in Catalonia has reached its completion, consolidating 7 existing regulatory provisions in the field of tourism in Catalonia:”
- Decree 66/2014, of May 13, regulating the information, dissemination and tourist service sectors in Catalonia.
- Decree 159/2012, of November 20, on tourist accommodation establishments and tourist housing.
- Order EMO/418/2012, of December 5, on the structuring of the Catalan system of tourist quality.
- Decree 420/2011, of 20 December, creating the Tourism Board of Catalonia.
- Decree 46/2010, of March 30, establishing the Interdepartmental Tourism Commission.
- Decree 52/1997, of March 4, which regulates the sanctioning capacity in the field of tourism.
- Decree 161/2013, of April 30, approving the Regulations of the Fund for the Promotion of Tourism.
As for the scope of application of the Tourism Decree of Catalonia, based on its Article 111-2, “The provisions of this Decree apply to the tourism companies and activities regulated in the Tourism Law and to the tourism administrations located in Catalonia. They are also applicable to the new forms of tourism companies offering accommodation, which are regulated in this regulation under the designations of motorhome accommodation areas, individual accommodations and shared homes.”.
The present Decree excludes from its scope those establishments, residential facilities, means of transport or vehicles where overnight stays are regulated by specific regulations, such as youth facilities, senior living facilities, student residences, establishments where activities of a sexual nature or similar are carried out.”
Tourist apartment establishments
Tourist accommodation establishments are those that, in a customary manner, professionally and with the appropriate authorization, offer temporary accommodation in accommodation units to users, as well as other tourist services in accordance with the conditions and typologies established by this norm.
Within this typology, we find tourist apartment establishments, which are buildings or continuous complexes composed entirely of apartments or studios as a single establishment or as a business unit for operation, with the corresponding tourist services.
Annex 1 to the aforementioned Decree sets out the minimum tourist requirements for hotel establishments.
Residential properties for tourist use
According to Article 221-1, a tourist use property is considered to be a property that is transferred by its owner, directly or indirectly, to third parties in exchange for economic compensation for a seasonal stay and under conditions of immediate availability.
Any period of occupancy of the accommodation for a continuous period of time equal to or less than 31 days is considered a seasonal stay. Therefore, tourist accommodation establishments cannot be converted into the primary or secondary residence of the tourist users.
In addition, it is important to bear in mind that tourist homes are rented out in their entirety, with no permission granted for the transfer of units for stays. As for their maximum capacity, they cannot be occupied with more than the number of units indicated on the certificate of habitability. In any case, they must not exceed 15 units. The purpose of this restriction is to reconcile the activity of tourist accommodation with neighborhood coexistence, the right to rest, and the provision of a quality service.
On the other hand, it is important to bear in mind that only properties that are properly equipped and registered in the Catalonia Tourism Registry can be transferred. If the owner of a property becomes aware of any illegal activity, they have a duty to inform the competent administration and to take the appropriate civil action aimed at effectively stopping the tourist activity.
Consequently, the use of a tourist property must be compatible with the regulations governing the uses of the sector in which it is located and with the civil legislation that applies to it.
In line with this, it is worth highlighting the special regime of the municipality of Barcelona, as it provides for the possibility that the Barcelona City Council may, by ordinance, establish specific requirements for tourist accommodation activities in tourist homes and shared homes, as well as temporary limitations and maximum periods of validity.
Finally, regarding the tourist accommodation already registered at the time of the entry into force of the Catalan Tourist Decree, the maximum limit of 15 places will not apply to them, except in cases of change of capacity or change of ownership. Thus, in cases of termination, extinction or expiration of the enabling title, the new activity to be established must comply with the current regulations.
Shared home
The Tourist Decree of Catalonia does not specifically regulate tourist rental of rooms, but it includes a new type of tourist accommodation: the shared home.
Tourist accommodation that is the main residence and effective residence of the person in charge and that is shared as a lodging service with third parties in exchange for financial compensation and for a seasonal stay, is considered shared accommodation.
It is essential for this legal entity that the person who owns the property must reside in the house during the stay. As already mentioned, any occupation of the house for a continuous period of time of 31 days or less is considered a seasonal stay.
The person in charge of the activity can be the owner of the property or the person expressly authorized by the owner. In that case, the authorized person must meet the same registration and effective residence requirements as owners.
It is also important to note that properties that are not registered and properly licensed cannot be transferred. In the event that the owner of a property becomes aware of any illegal activity, they have a duty to inform the competent administration, as well as to take appropriate civil action aimed at effectively stopping the tourist activity.
Therefore, the fate of a shared home must be compatible with the regulations governing the uses of the sector in which it is located and with the civil regulations that apply to it.
Unique accommodations
The Tourist Decree of Catalonia provides for this new figure for those accommodations that, by enabling temporary accommodation in exchange for financial compensation, do not fall into any of the regulated types of tourist accommodation or are explicitly excluded by the aforementioned regulatory provision.
As an example, figures such as tree huts or shepherds’ huts, tents like those of the Ebro Delta, caves…, among others, could fall under this typology.
Municipalities may authorize the provision of unique accommodations within their municipal boundaries provided they define and delimit the activity, in compliance with the minimum conditions established by this regulation, as well as with the set of non-tourism sector regulations that apply to them (security, health, environment, among others). However, in no case may unique accommodations be authorized with the aim of avoiding the application of the different sectoral requirements required for other types of tourist accommodation.