It is a dwelling that has been rented out to a third party in exchange for a fee, for a period of up to 31 days, two times or more in a given year.
The proprietor of the activity is the owner of the dwelling, regardless of whether its marketing is commissioned to a manager.
The dwelling must be rented out as a single unit and must meet the following conditions:
No, legislation is neutral on the subject. The only limitation regulated is that which states that the owner may not claim domicile in order to prevent an inspection by the competent authorities from being carried out.
Before activity by a dwelling for tourist use may begin, a communication prior to commencement of activity signed by the owner and, where applicable, by the manager, must be submitted to the town council of the municipality in which the dwelling is located. See template on the website of the Ministry for Business and Labour.
In general, no, as long as the communication contains the following information:
a. The details of the dwelling and its maximum legal capacity.
b. The owner's details.
c. The telephone number for dealing immediately with communications related to activity by the dwelling for tourist use.
d. The name of the housing maintenance and assistance company.
e. Statement of compliance, indicating that the dwelling has a certificate of occupancy.
f. In the case that the dwelling is managed by a person other than the owner, the details of the manager and a statement of compliance indicating that he has been appointed by the owner to act as manager.
There is no pre-established form of rental contract according to current tourism legislation; the contract may be carried out in any of the forms admitted under law. Therefore, the Law on urban rentals does not exclude the actual existence of an activity by a dwelling for tourist use, under the assumption that the dwelling is rented for a period of less than 31 days.
Users of properties for tourist use are obliged to pay the tax on stays at tourist establishments. This will be payable at the end of the stay by means of an invoice presented by the owner, who will be required to make the corresponding payment to the Tax Office of Catalonia.
Yes, the Tourism Register of Catalonia, of the Directorate-General for Tourism of the Government of Catalonia. The registration procedure is carried out automatically by the Directorate-General for Tourism upon receipt of notification from the corresponding town council of commencement of the activity. The dwelling for tourist use is given an entry number, identifying it for all legal purposes, which will be communicated to the owner by the Directorate-General for Tourism.
Because this is an economic activity which must be conducted within the law. Administrative registration of the dwelling for tourist use ensures it is advertised through the Tourism Register of Catalonia and offers the activity a better positioning in the market thanks to government tourism promotion policies and the possibility of classifying the dwelling.
Once registered, the dwelling will benefit from tourism promotion and dissemination by being included in the official tourist accommodation guide on the website of the Catalan Ministry for Business and Labour and on the Catalan tourism promotion portal.
Exercise of the activity will be considered illegal, a situation which places the owner at risk of being punished with a heavy fine. The illegality of the activity in itself represents an effective loss of competitiveness with respect to legal, duly registered dwellings.
The Tourism Register of Catalonia entry number of the dwellings for tourist use must appear in all advertising referring to them, as a guarantee of its legality. The dwelling for tourist use must also display in a visible area the registration entry number given by the town council upon submission of the communication prior to commencement of activity. No plaque or other mark need be displayed unless the dwelling has been duly classified.
This is not compulsory. A dwelling for tourist use must be duly legalised and registered in the Tourism Register of Catalonia before it can be classified. Such classification is voluntary on the part of the owner and identifies the services and characteristics of the dwelling based on five categories, designated by keys.
You should fill in the application form and self-assessment questionnaire available on the Ministry website.
Dwellings for tourist use must comply with that established in the tourism regulations, specifically Law 13/2002, of 21 June, on tourism in Catalonia, and Decree 159/2012, of 20 November, on tourist accommodation and dwellings for tourist use, as well as the corresponding municipal ordinances.
Yes. Such a use may be forbidden by municipal ordinance in the sector in which it is located, and/or in the bylaws, if they are duly registered in the Property Register, of the home owners' association in buildings governed by condominium property laws.
No, they are two different concepts. Public establishments are defined as buildings, premises or complexes accessible to the public, the free access to which cannot be restricted under any personal or social condition or circumstance. However, free access is not a characteristic feature of a dwelling for tourist use, as is it the owner who decides to rent it to third parties, and it is therefore not considered as public premises.
Another characteristic to be taken into account is that, in public establishments, the proprietor of the activity does not have to be the owner, while in a dwelling for tourist use the proprietor of the activity is always the owner; this distinction represents different rights and obligations for each case. Hotel establishments, holiday apartments and campsites are considered public establishments.
No, they are different. Dwellings for tourist use are those dwellings rented by an owner, directly or indirectly, to third parties, for a period of time, as long as they have a certificate of occupancy and meet the requirements and provide the services governed by the corresponding sector regulations, whereas holiday apartments do not need to have a certificate of occupancy, as they are buildings or continuous units made up solely of apartments or studios, as a single establishment or as a business unit of operation, which provide temporary accommodation and provide the corresponding tourist services.