The BOE has recently published the State System of Reference of Rental Prices developed by the Ministry of Housing, under the Housing Law 12/2023, of May 24.
Introduction
The following is a summary of the main regulation contemplated in Decree 75/2020, of August 4, 2020, of Tourism of Catalonia (hereinafter, "Decree of Tourism of Catalonia"), mainly focused on tourist accommodation establishments, on the new regime of tourist housing and the regulation for the first time of shared accommodation for tourist purposes (home sharing), as well as on the control over the compliance with the requirements established by the tourism regulations.
The following is a summary of the main regulation contemplated in Decree 75/2020, of August 4, 2020, of Tourism of Catalonia (hereinafter, "Decree of Tourism of Catalonia"), mainly focused on tourist accommodation establishments, on the new regime of tourist housing and the regulation for the first time of shared accommodation for tourist purposes (home sharing), as well as on the control over the compliance with the requirements established by the tourism regulations.
According to the Explanatory Memorandum of the regulatory provision, "with this Decree, the integration of tourism regulations applicable in Catalonia culminates its process, recasting 7 regulatory provisions in force in the field of tourism in Catalonia:"
- Decree 66/2014, of May 13, on the regulation of tourist information, dissemination and assistance services in Catalonia.
- Decree 159/2012, of November 20, 2012, on tourist accommodation establishments and dwellings for tourist use.
- Order EMO/418/2012, of 5 December, on the structuring of the Catalan tourism quality system.
- Decree 420/2011, of 20 December, on the creation of the Catalan Tourism Board.
- Decree 46/2010, of March 30, creating the Interdepartmental Commission on Tourism.
- Decree 52/1997, of March 4, 1997, which regulates the sanctioning capacity in tourism matters.
- Decree 161/2013, of April 30, 2013, approving the Regulations of the Fund for the Promotion of Tourism.
Regarding the scope of application of the Tourism Decree of Catalonia, based on its Article 111-2, "The provisions of this Decree apply to tourism businesses and activities regulated in the Tourism Law and tourism administrations located in Catalonia. They are also applicable to the new types of tourist accommodation companies regulated in the present regulation under the denomination of motorhome reception areas, singular accommodations and shared homes.
Excluded from this Decree are those establishments, residential facilities, means of transport or vehicles where overnight stays are permitted that are regulated by their own regulations, such as juvenile facilities, residences for the elderly, student residences, establishments where activities of a sexual nature or similar are exercised."
Tourist apartment establishments
Tourist lodging establishments are those that, in a habitual manner, with a professional character and with the corresponding authorization, offer to the users and for a price, temporary lodging in lodging units, as well as other tourist services in accordance with the conditions and typologies established in this regulation.
Within this typology, we find tourist apartment establishments that are continuous buildings or complexes consisting entirely of apartments or studios as a single establishment or as a business unit of exploitation, with the corresponding tourist services.
Annex 1 of the aforementioned Decree establishes the minimum tourism requirements for hotel establishments.
Tourist housing
According to article 221-1, a dwelling for tourist use is considered to be a dwelling that is ceded by its owner, directly or indirectly, to third parties, in exchange for an economic consideration for a seasonal stay and under conditions of immediate availability.
A seasonal stay is considered to be any occupancy of the dwelling for a continuous period of time equal to or less than 31 days. Therefore, tourist accommodation establishments cannot become the main or secondary residence of tourist users.
In addition, it is important to bear in mind that the dwellings for tourist use are assigned in their entirety, not being allowed to be assigned for stays. As for their maximum capacity, they may not be occupied with more beds than those indicated in the certificate of occupancy and in any case, the number of beds may not exceed 15. The purpose of this restriction is to make the tourist accommodation activity compatible with the coexistence of neighbors, the right to rest and the provision of a quality service.
On the other hand, it is important to bear in mind that only dwellings that are duly authorized and registered in the Tourism Registry of Catalonia may be transferred, and in the event that the owner of a property becomes aware of a clandestine activity, he/she has the duty to report it to the competent Administration, as well as to take the corresponding civil actions aimed at the effective cessation of the tourist activity.
Consequently, the destination of a dwelling for tourist use must be compatible with the regulation of the uses of the sector where it is located and with the civil regulations applicable to it.
In line with this, it is worth highlighting the special regime of the municipality of Barcelona, since it provides for the possibility for the Barcelona City Council to establish by ordinance and for new authorizations, particular requirements for tourist accommodation activities in dwellings for tourist use and in shared homes, as well as time limitations and maximum periods of validity.
Finally, the maximum limit of 15 vacancies will not apply to dwellings for tourist use already registered at the time of the entry into force of the Tourist Decree of Catalonia, except when there is a change of capacity or change of ownership. Thus, in the event of cessation, extinction or expiration of the enabling title, it will entail that the new activity to be implemented must be in accordance with the regulations in force.
Shared home
The Tourist Decree of Catalonia does not expressly regulate the tourist rental by rooms, but includes a new type of tourist accommodation: the shared home.
A shared home is considered to be a tourist accommodation that is the main dwelling and effective residence of the owner and that is shared as an accommodation service with third parties in exchange for an economic consideration and for a seasonal stay.
It is essential in this legal concept that the owner of the property must reside in the dwelling for the duration of the stay. As already mentioned, a seasonal stay is considered to be any occupation of the dwelling for a continuous period of time equal to or less than 31 days.
The person in charge of the activity may be the owner of the property or the person expressly authorized by the owner. In such case, the authorized person must comply with the same conditions of census registration and effective residence required of the owners.
It is also important to point out that dwellings that are not registered and duly authorized may not be transferred. In the event that the owner of a property has knowledge of any clandestine activity, he/she has the duty to inform the competent Administration, as well as to take the corresponding civil actions aimed at the effective cessation of the tourist activity.
Therefore, the destination of a shared home must be compatible with the regulation of the uses of the sector where it is located and with the civil regulations applicable to it.
Unique accommodations
The Tourist Decree of Catalonia contemplates this new figure for those lodgings that, making possible a temporary lodging in exchange for economic consideration, do not fit in any of the modalities of tourist lodging regulated nor in those excluded expressly by the mentioned normative disposition.
By way of example, figures such as tree or shepherds' huts, huts such as those in the Ebro delta, caves, etc., among others, could be included in this typology.
The Town Councils can enable singular lodgings in their municipal district as long as they define and delimit the activity, attending to the minimum conditions established by the present regulation, as well as to the set of non-tourist sectorial regulations that are of application (security, healthiness, environment, among others). But in no case can singular lodgings be enabled with the purpose of avoiding the application of the different sectorial requirements demanded to other modalities of tourist lodging.