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Requirements to legalise holiday rental flat in Madrid

With the firm intention of facing the adverse economic conditions that the tourist rental accommodation in the Community of Madrid has been suffering in recent years, and to put a stop to the unfair competition that has been taking place in the Madrid community, denounced in a formal incessant by Madrid holiday rental accommodation associations, it became necessary to regularise and protect the legitimate rights of consumers and tourists. The new legislation is drafted, approved and published DECREE 79/2014, July 10th, of the Governing Council, confirming that the tourist rental flats and houses for tourist use in the Community of Madrid are regulated.

We explain in an orderly and systematic manner the main legal requirements required by the new regulations of the Community of Madrid since this Decree to legally register a rental home or tourist accommodation in the territorial area of ​​the Community of Madrid came into force.

1) Distinction and definition between tourist accommodation and housing for tourist use

First of all you should refer to the 2nd article of this Decree that defines and distinguishes between tourist accommodation and housing for tourist use. After reading it you will be able to clarify whether your property is legally incorporated in one or the other category, with the final objective of verifying if the conditions of the property are adapted to the minimum legal requirements demanded by the regional regulations.

The regulations under this premise are tourist flats that are integrated by complex accommodation units, equipped with sufficient facilities, fixtures and services for their immediate occupation, with the occasional tourist accommodation uses as a regular residence, in exchange for money, without the intension of permanently residing in the property.

On the other hand, properties for tourist use are flats, penthouses or houses, which, being furnished and equipped in conditions for immediate use, are marketed and promoted in tourist related websites and other channels, either in physical establishments or through networks, with the objective of being transferred in full, by the owner to third parties, for renting as tourist accommodation in exchange for money.



Madrid - viviendas de uso turístico

Other common aspects to take into account is that the provision of the accommodation service must be carried out under the principle of unity of renting, in a professional and habitual way, without permanently residing in the property, or what is the same, it should only be an entity, person or company who rents the establishment, habitually (minimum period of three months continued during the calendar year) and without the property having a full time tenant or a tenant who will be residing at the property permanently.

2) Tourist flats: composition, classification, minimum requirements by categories, capacity, prices and adapted rooms.

If after verifying the legal distinction between one category or another you have a tourist rental flat that falls within 8, 9 and 10, 12, 13 and 14 of the Decree, you must know in an orderly manner what composition should comply with tourist rental flat, classified by keys according to category to reason four, three, two and one keys, with general conditions and other particular that each apartment must qualify for each of the categories legally recognised, likewise, we will explain in detail the best way to display the price of the tourist rental flat in a visible place, all the extras that should be included in the price, the number of rooms adapted in proportion to the number of flats offered for each tourist and the maximum capacity of guests.

2.1) Tourist accommodations: responsibility declaration

Once you have verified that the subject flat meets all the minimum requirements established in the articles indicated in the previous point, you should contact the General Directorate who is responsible for tourism to make the corresponding declaration responsible for starting your rental activity.

These statements can be submitted online through the Telematic Registry of the Tourism Council of the Community of Madrid. You must only have one of the Electronic Certificates that the Community of Madrid recognises in accordance with what is established in articles 6 and 15 of Law 11/2007, on Electronic Access of Citizens to Public Services, and applicable regional regulations.

This statement can be downloaded from the website of the Ministry of Tourism of the Community of Madrid by clicking on http://www.madrid.org and cover the ANNEX I for this purpose, or be presented at any of the places provided in Article 14.2, Law 39/2015 of Common Administrative Procedure of the Public Administrations that provides that they can be presented in the Assistance Offices in the Area of ​​Registration of the Community of Madrid, Assistance Offices in Registration of the General State Administration, offices of Assistance in Registration of other Autonomous Communities, Assistance offices in Registration of Local Entities, post offices and diplomatic representations or consular offices of Spain abroad.

2.2) Registration at the Registry of Tourism Companies

Once the declaration responsible for starting the activity has been presented, you must register with the Tourism Companies Registry of the General Directorate responsible for tourism in the Community of Madrid, stating the reference number of your registration at the aforementioned Registry.

2.3) Displaying the tourist accommodation sign

After duly fulfilling the legal requirements described above, only as indicated in Article 16 of the Decree, the sign according to the tourist rental flat must be displayed on the door, in a visible place, and it must be in accordance with the example shown in ANNEX II, of Decree 79/2014, dated July 10th.


Madrid - Alquiler apartamentos turísticos

3) Tourist accommodation: minimum requirements, conditions, prices 


If instead you have a property that meets the legal requirements to be included in the tourist rental housing category, you should consult Article 18 of Decree 79/2014, which specifies the minimum requirements and conditions that the home intended for tourist use must comply with. On the other hand, Article 19 of the Decree stipulates that the prices of these houses for tourist use must be displayed in a visible place, at the entrance of each dwelling and include in the accommodation water, utilities, air conditioning, use of bedding and bathroom and cleaning of rooms.

3.1) Housing for tourist use: responsibility declaration

After verifying that the home meets all the minimum requirements required by articles 18 and 19 of the Decree, the owner of the home should contact the Directorate General responsible for tourism to make the corresponding statement responsible for starting the rental activity.

These responsibility statements can easily be submitted online through the Telematic Registry of the Tourism Council of the Community of Madrid. You must only have one of the Electronic Certificates that the Community of Madrid recognizes in accordance with what is established in articles 6 and 15 of Law 11/2007, on Electronic Access of Citizens to Public Services, and applicable regional regulations.

This responsibility statement can be downloaded from the website of the Ministry of Tourism of the Community of Madrid by clicking on http://www.madrid.org and covering the ANNEX III for that purpose, or be presented at any of the places provided in Article 14.2, Law 39/2015 of Common Administrative Procedure of the Public Administrations that provides that they can be presented in the Assistance Offices in the Area of ​​Registration of the Community of Madrid, Assistance Offices in Registration of the General State Administration, offices of Assistance in Registration of other Autonomous Communities, Assistance offices in Registration of Local Entities, post offices and diplomatic representations or consular offices of Spain abroad.

In addition, you must have a floor plan duly signed by a competent technician, endorsed by the appropriate professional association.

3.2) Registration at the Registry of tourist companies

Once the declaration responsible for starting the rental activity has been presented, you must register with the Tourism Companies Registry of the General Directorate responsible for tourism in the Community of Madrid, stating the reference number of your registration in the aforementioned Registry.

3.3) Certificate of habitability or license for primary occupation

Having complied with the legal procedures outlined above, the tourist property must have the corresponding certificate of occupancy or first occupation license, as appropriate in each case.

3.4) The display sign

Once all the above procedures have been completed, it is only in accordance with the provisions of Article 20 of the Decree that the nameplate according to the dwelling for tourist use is displayed in a visible place, a plaque that must be in accordance with the model shown in the ANNEX. IV, of Decree 79/2014, July 10th.

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