September 2023

If you want to rent or manage a property in the provinces of Girona, Barcelona, Tarragona and Lleida it is necessary to know the legal requirements for holiday rentals in Catalonia, to avoid problems with penalties or fines. So it is essential to know their laws and decrees regarding the regulations in technical aspects and prohibitions for housing for tourist use (VUT).

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Housing for tourist use VUT: Decrees that establish its regulations

Decree 159/2012, of November 20

The objective of this decree is to define the obligations and requirements that managers or owners must comply with in order to rent housing for tourism purposes in Catalonia. In order to successfully comply with its regulations it is necessary:

1. Registration in the Tourism Registry of Catalonia: each of the properties for tourist use must be registered in the Tourism Registry of Catalonia. This is a mandatory regulation that guarantees compliance with established requirements such as quality and safety.
2. Comply with technical requirements: these include aspects such as the minimum surface area of the rooms, availability of hot water, electricity supply, air conditioning, kitchen area, among others.
3. Information and documentation: owners or managers must provide information on the rules of coexistence, the operation of the property and relevant tourist information for guests. In addition, they must provide a complaint form and keep a log book with check-in and check-out information.
4. Owner’s liability: owners must have liability insurance to avoid problems of possible damages caused to guests during their stay.

Registration in the Tourism Registry of Catalonia is a mandatory requirement, and to obtain it it is necessary to follow the following steps according to Decree 159/2012, of November 20.

• Application for registration: the owner or manager must submit an application to the Tourism Registry of Catalonia, containing the required information on the legal documents of the property, information on the owner, services offered and information on the manager in case of granting a power of attorney, among others. 
• Documentation: in some cases important documents such as the certificate of occupancy and liability insurance are required.
• Registration number: once the registration is verified, a unique registration number is assigned to the tourist property. This number must be used in all advertising media and, depending on the area, must be displayed on the facades.

Decree 60/2019

It gathers the requirements for the inscription of houses for tourist use in the Tourism Registry of Catalonia. Its regulations take into account criteria such as: 

• Structures suitable for tourist rental.
• Minimum surface area.
• Safety measures.
• Availability of basic supplies.
• Liability insurance.
• Air conditioning.

Law 4/2013

With this law, new flexibility measures were introduced for rental housing in Catalonia. It establishes the limits of days per year that the rent can be destined to usufruct, with the objective of protecting local residents and green spaces.

Most relevant legal requirements for tourist homes in the Province of Girona

In the province of Girona holiday rentals must comply with the regulations of Decree 159/2012, of November 20. Among the most important measures are:

• To have the registration of properties for tourist use in Girona by the Tourism Registry of Catalonia, obtain the registration number and display it in any type of advertising.
• They must meet minimum habitability and safety requirements. This includes the availability of drinking water, adequate state of conservation, access to public roads, kitchen equipment, among others.
• It is mandatory to provide truthful information about the housing in all rental offers and contracts. Information on maximum housing capacity, available services, rates, among others, must be included.
• It is necessary to declare the minimum stay and the guest occupancy regime in tourist properties. 
• Cleaning and maintenance is the responsibility of the owner, who must deliver the property in adequate conditions from the beginning. In addition, hygienic towels must be placed in the bathrooms.

Most relevant legal requirements for tourist homes in the Province of Barcelona

Accommodation and housing for tourist use in the province of Barcelona must comply with the following specific municipal conditions:

• Obtain the registration number in the Tourism Registry of Catalonia.
• Obtain the tourist activity license to be able to offer lodging. 
• Comply with the minimum habitability and safety requirements established in the regulations.
• Provide housing information in all offers and leases. 
• It is important to comply with guest restrictions.

Most relevant legal requirements for tourist housing in the Province of Tarragona and the Province of Lleida

Some general legal requirements that apply in the province of Tarragona and the Province of Lleida are:

1. Registration of housing for tourist use.
2. Tourist activity license. 
3. Compliance with habitability and safety requirements.
4. Provide information on holiday rentals.
5. To take into account the number of persons allowed in tourist properties.

Obligations of owners and managers

According to the Decree 159/2012, of November 20, the person in charge of the property must ensure:

• Good functioning of all equipment. 
• Excellent treatment and attention to the staff and guests of the establishment, always ensuring a pleasant coexistence. 
• Check in and check out guests.
• Provide information to guests about the property as well as tourist information.
• Provide guests with official complaint and claim forms that can be downloaded from the website of the Catalan Consumer Agency. 

Regarding the advertising of establishments, they must comply with regulations such as:

• Tourist homes must be registered in the Tourist Register of Catalonia on the website www.gencat.cat , indicating the services they offer.
• Advertising must be accurate and must not be misleading or confusing to guests. 
• In the case of housing for minors, people with disabilities and pets, each of the conditions must be stated.
• Each advertisement must include the name, group and category in case it is classified with additional services.
• Advertising contracting must be reported and the maximum capacity of housing units must be indicated.

What happens in case of reservation cancellations?

1. The owner or manager is obliged to inform guests of cancellation clauses.
2. Cancellations must be made within 10 days of arrival at the site, otherwise the following booking penalties apply:
   • Two or less days, 50% of the total price.
   • Seven days, 35% of the total price.
   • More than 7 days, 25% of the total price.
3. Upon agreement by both parties, the guest may have the right to cancel the confirmed reservation, without penalty and with more than two weeks notice.

Specific provisions according to tourist lodging establishments

Hotels

They are divided into two categories: Hotels and Hostels. They can be identified as “H” and “HA” on their facades, indicating hotel buildings and apartment-hotels respectively. One of the distinctive features are the stars indicating the quality of services within the rooms. In the case of hostels, they are identified with a “P”.

Tourist apartments

These must comply with requirements such as:

• Reception with a minimum area of 10 square meters.
• Identification with its “AT” badge.
• They must have one star.

Camping establishments

It is established by the definition of Article 46 of Law 13/2002, of June 21, 2002, of Tourism of Catalonia, where those permitted in the area are:

• Tents.
• Caravans.
• Passenger car.
• Mobile Homes.
• Bungalows.

All land for rent on an area designated for camping must have the location of the vehicle and the mobile, semi-mobile or fixed shelter. These must be identified with a number and the surroundings must be properly marked.

One of the regulations to be complied with is that fixed shelters cannot occupy more than 50% of the camping ground. As for campsites located in risk areas, they must adopt strategies that allow the exercise of tourism activity, and must be protected under the self-protection strategies of Decree 82/2010, of June 29.

Rural tourism establishments

Municipalities with less than 2,000 inhabitants or in areas with pre-1950 constructions with green landscapes are characterized by a rural style. They are classified in two groups:

• Farmhouses: These are agritourism establishments ideal for teaching about farming, winemaking and livestock activities.
• Rural lodgings: Their distinctive sign is “TR” and they offer basic services without providing inputs in other areas.

The farmhouses and village houses can accommodate up to four people, while the independent houses have a maximum capacity of fifteen people. 

Sanctions

Failure to comply with the requirements may be detrimental to the owner or manager in the exercise of the commercialization of rentals for tourism purposes. It can bring as consequence:

• If the manager or owner does not provide information to the guest, there may be violations for failure to comply with the defined obligations.
• The most frequent sanctions are granted by the competent administrations for non-compliance with safety or quality standards to the Administration of the Generalitat.

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