Normative governing tourist homes in Catalonia
Title II, comprising articles 66 to 72, of Decree 159/2012 is the current regulation governing tourist accommodation in Catalonia.
Definition
The decree defines tourist accommodation as properties that are fully handed over by their owner to third parties. The transfer can be made through intermediaries but always in a lucrative manner; that is, in exchange for a financial consideration. For their part, stays will be for a period equal to or less than 31 days, maximum.
Requirements
In order to be able to legalise a tourist accommodation in Catalonia, they must meet a series of minimum requirements:
- To have a certificate of occupancy and never be occupied by more tenants than those indicated on the certificate.
- The property must have the necessary furniture and furnishings in accordance with the number of places allowed in the property; always for immediate use.
- The owner or manager must guarantee an assistance and maintenance service for the property. It is also obliged to provide a 24 hour telephone number for guests and neighbours in order to resolve any incident as quickly as possible.
- The property must visibly display: the information sign indicating the availability of the official complaint, claim and denunciation forms; the aforementioned telephone number; and the licence number issued by the Catalan Tourism Register.
Legal start of the activity
Previous starting the activity, the tourist accommodation must be registered in the Tourism Register of Catalonia. Note that as it is registered as a tourist accommodation it is not possible to change its status and declare it as a permanent residence to avoid inspections carried out by the authorities.
After submitting the responsible declaration required for registration in the Catalan tourist register, it is also mandatory to register the property with the Mossos d’Esquadra Hotel, in order to comply with the registration of travellers required by the Law on Citizen Security.
If any of the occupants of the property breaks any of the cohabitation rules or municipal ordinances, the owner or administrator must require them to leave the property within a maximum period of 24 hours.
Optionally, any owner who wishes to do so may request the classification of the accommodation in accordance with the provisions of the official tourist categorization systems of Catalonia.
Sanctions
Sanctions imposed by the competent administrations must be under the sanctioning regime of the Generalitat and of the municipalities where the property is located in particular.
In case of irregularity, both the owner and the manager shall be responsible for the relevant sanction.
