News

Recently we have developed the Hermes & Mathew  guide to answer all questions about tourist apartments, due to all the inquiries received about this matter. Please find below our small guide of “Questions and Answers” in order to give the answer to all your questions

First point of our guide to answer all your questions – How is a tourist apartment defined?

A tourist apartment is a property whose  owners rent to third parties for periods of time equal to or less than 31 days. In order to use the property in sucha a way, it is an essential requirement that the estate is legalized by its City Council.

Tourist apartments – Who is the owner of the tourist property activity?

The owner of the activity is always the owner of the property who, previously, must have obtained the corresponding license to be able to exercise the activity. In any case, the subsequent management of the rent and its commercialization can be carried out by an intermediary.

To obtain the tourist license, is it necessary that the tourist property has certain conditions?

Yes. There are three conditions that must be fulfilled as we already collected in our previous post “Tourist apartments. Requirements, procedures and obligations”,

1.- Like any other property, a dwelling for tourist use must must have a certificate of occupancy and can not be occupied with more places than those stipulated in said document.

2.- It must comply with the quality and technical requirements for housing in general.

3.- It has to be sufficiently furnished and with the necessary appliances, utensils and devices for immediate occupation. In addition, good cleaning and hygiene is required.

What are the steps to follow to legalize a tourist apartment?

There is an unavoidable and obligatory procedure for a property to have a tourist use. It is the presentation of a responsible statement through which the corresponding municipality is informed of the will to initiate this activity. In this document it will be declared that,

• The identification data of the property and its owner
• A certificate of habitability is available
• The estate complies with what is stipulated in the regulations on this subject, and there is a commitment to comply with it while the activity is being performed
  

When a property can start being rented as a tourist estate?

From the very moment when the responsible declaration is presented. Once the dwelling is legalized, the consistory notifies the Tourism Registry of Catalonia (RTC) and it assigns a registration number (NIRC)to the property, which is provided to the owner. This numbering should be reflected in any advertising medium in which the tourist apartment is sold.

If the house has been legalized, but the registration number is not yet available, the municipal communication reference should be included until the NIRC is available.

Why tourist properties must always be legalized?

Because any economic activity must be carried out within the law. In addition, being within the law allows the owner to enjoy property promotion policies. Any estate with a tourist license benefits from the dissemination and promotion through the official Tourist Accommodation Guide and the Catalonia tourism promotion website.

What could happen when a property with tourist use is not legalized?

The owners of tourist proerties that operate out of legality, may face important sanctions from the Administration. This may also be engaging in unfair competition in front of tourist homes that are in a legal situation.

What obligations does the owner of a property with a tourist license have?

There are several obligations that you must fulfill:

1.- Provide a telephone number to the town hall, users of the property and neighbors to attend and solve any query or incident that may arise about the tourist use of the house.

2.- Guarantee a service of assistance and maintenance of the house.

3 .- Require the tourist floor user to leave the property if it violates the basic rules of coexistence or municipal ordinances that refer to this topic.

4.- Always provide the General Directorate of Police with information on the people staying in the tourist home, as established by the citizen security regulations.

5 .- Collect the IEET (Tax on Stays in Tourist Establishments), a fee that is required to pay the person or persons who make use of the tourist housing. It is always paid when the stay ends and once the owner delivers the invoice. The liquidation of this tax will have to be done by the same owner before the Tax Agency.

Does the contract to transfer the use of a tourist apartment have to be in a concrete way?

The regulation does not stipulate a specific form of contract. The only requirement is that it should be always carried out according to the forms that law admits.

Can there be any restrictions to allocate a home to a tourist use?

Depending on the location of the home you want to use for tourism, certain restrictions may apply when obtaining a license. In the case of Barcelona, ​​the Special Urban Plan for Tourist Accommodation (PEUAT), is that it regulates the implementation and management of tourist flats in Barcelona. In our post “Tourist apartments. How to apply to get one ” we explained every detail.

On the other hand, the statutes of the community of owners can also limit this use in buildings subject to the regime of horizontal property.

Buying a flat with a tourist license has its advantages. If you want arguments in favor of your purchase, consult this article and remember that Hermes & Mathew has a wide portfolio of properties for sale for tourist use.