The Generalitat de Catalunya approved on the 4th of August the decree 75/2020 of tourism in Catalonia, also called the new decree of Tourist Accommodation. The aim of this decree is to regulate all types of tourist accommodation: hotels, campsites, urban and rural housing, … Please find attached a summary of the decree, you can contact our property management team for more information.
Article 111-1, Object
The purpose of this Decree is to define the tourism requirements and classification of tourism businesses and activities, and to regulate the administrative discipline and governance model in accordance with the provisions of the Tourism Act.
We will not describe the requirements and classifications now, as they are specific to each category. The protagonist of this note is dwellings.
There have been several confusing, contradictory and even incorrect headlines in the press. We proceed to summarise in a few lines what has been approved and its relationship with the rest of the ordinance.
The first thing is to discern what the decree does or does not affect. Since it applies to tourist accommodation, it will not apply to non-tourist accommodation, which will be covered by the Law on Urban Leases (LAU) and other regulations.
Specifically, the following are excluded: shared flats, non-regular housing leases, seasonal housing leases, …
Article 111-2, Scope of application
-1 The provisions of this new Tourist Accommodation Decree apply to the tourism businesses and activities regulated in the Tourism Act and to the tourism administrations located in Catalonia. They also apply to the new types of tourist accommodation businesses regulated in this regulation under the name of motorhome reception areas, unique accommodation and shared homes.
-2 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 youth facilities, residences for the elderly, student residences, establishments where activities of a sexual nature or similar are carried out.
The decree introduces new concepts of which it is worth highlighting:
- The “dwelling for tourist use” art 221-1 et seq.
- The “singular accommodation”, articles 231-1 et seq.
- The “shared home”, articles 241-1 et seq.
The “shared home”, which is what the press is talking about. This regulates the possibility for a private individual to rent out the rooms of his or her usual dwelling for tourist purposes. Minimum requirements:
- Periods of 31 days or less.
- In accordance with local regulations
- Maximum 4 places in rooms with doors. Living rooms are not suitable.
- The owner must reside in the dwelling for the duration of the tenancy.
- Visible display of the NIRTC (accommodation code) on the accommodation and advertising.
This is not to be confused with the rental of the entire dwelling for tourist purposes (“tourist accommodation”).
The “singular accommodation“, or “catch-all accommodation”, will be that which does not fit into any of the other regulated accommodation and whose regulation is left to the local authorities (the decree establishes minimums).
The above should not be confused with the possibility of renting the dwelling to third parties within the scope of the LAU: subletting, room rental (non-tourist), seasonal rental, etc…
It should be noted that “home sharing” will come into force in a year’s time and will be available to anyone who meets the requirements of the regulation and the respective Town Hall.
Do not forget that whoever is dedicated to tourist renting is carrying out an economic activity and, therefore, must register with the AEAT, submit tax returns, pay Social Security contributions, keep accounts, etc…
Another type of authorised shared housing is the “shared village house”: “This is a single-family dwelling, within a population centre, which the owner shares with the tourist users and where the accommodation service is provided in the form of rooms and, at least, breakfast“.
The regulation excludes any other type of dwelling from tourist rental, so that other properties must fit into the other categories:
Article 211-1 Concept, rules and general principles
-1 Tourist accommodation establishments are those which, in a habitual manner, with a professional character and with the corresponding authorisation, offer users, for a price, temporary accommodation in accommodation units, as well as other tourist services in accordance with the conditions and typologies established in this regulation.
-2 Tourist accommodation establishments may not be constituted as dwellings, with the sole exception of rural tourism establishments.
Tourist accommodation establishments may not become the main or secondary residence of tourist users under any circumstances.
Let us remember: apart from other non-tourist leases covered by the LAU.
The equipment and services that all establishments must have according to type and category are also regulated.
A regional register of tourist establishments is also created, but the regulation specifies that the owners will not have to do anything, as this task will fall to the local authorities.
Finally, apart from this new decree on Tourist Accommodation, a new moratorium by Barcelona City Council on the granting of tourist licences for one year has recently appeared in the press. This moratorium, which has not been published in the BOPB, affects all accommodation and is apparently intended to allow the City Council to adapt all the relevant regulations before granting new licences, as the decree does not allow the retroactive application of the regulation to licences already granted.