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Imagine that I want to buy a villa by the sea on the Costa Dorada, and that I want to rent it out when I will not be enjoying it myself. One of the conditions for doing it properly is that this villa has the tourist rental license in Catalonia.
What are the conditions for obtaining this license?
The property must have a Habitability Certificate (Cédula de Habitabilidad), like any other dwelling, and it cannot be occupied with more spaces than indicated on the certificate. If it is indicated "maximum occupancy limit 6" logically in the event of an inspection if there are 12 people this may be complicated. In any case never more than 15 according to the new regulations.
The property must also satisfy, at all times, the technical and qualitative conditions required of dwellings in general.
The property must be sufficiently furnished and equipped with the appliances and utensils necessary for its immediate occupation, and in a perfect state of hygiene.
NB: If you rent the property for a period of more than 31 days to the same tenant, it will no longer be considered as a property for tourist use.
What are the steps to obtain this license?
Responsible declaration to the corresponding town hall, in which must be indicated:
The identification data of the property and its owner, telephone number that can always be reached.
That he has the Certificate of Habitability.
The last property tax receipt ( I.B.I ) Impuesto sobre los Bienes Inmuebles.
That it complies with the requirements established by the regulations in force, and that it undertakes to maintain its compliance during the validity of the exercise of the activity.
NB: There is a cost for the procedure, which varies according to the municipality. In L'Ametlla de Mar it costs €50 but it can go well beyond that.
How long does it take to obtain this license?
The town hall informs the Registry of Tourism of Catalonia (RTC) which assigns the property a registration number (NIRTC), Habitatge d'Us Turistic in Catalan (H.U.T) which is then communicated to the owner. It can take up to 3 months to get it so apply ASAP!
NB: Your H.U.T. will correspond to the province where your property is located, for example HUTB (Barcelona), HUTT (Tarragona), HUTG (Girona), HUTL (Lleida), HUTCC (Central Catalonia), HUTTE (Terres de l'Ebre) and HUTVA (Val of Aran).
What are the owner's obligations?
Provide the Town Hall, neighbors and tenants with a telephone number to respond and immediately resolve questions and incidents related to the activity of accommodation for tourist use.
Guarantee a home maintenance and assistance service.
Oblige the assignee to leave the home, in the event that he does not respect the basic rules of cohabitation or does not comply with the municipal ordinances issued for this purpose.
Transmit to the General Directorate of Police the information relating to the stay of the people staying, in accordance with the citizen security regulations. (Name, contact details, passport number, length of stay of each tenant).
Collect the tourist tourist tax, between €1 and €4 per person (except minors under 17). Rates vary depending on the type of tourist accommodation and its location (if it is in Barcelona or the rest of Catalonia). The Generalitat limits the payment of the tax to a maximum of 7 days (or units of stay) per person, in the same accommodation and for a continuous period.
NB: Since October 1, 2022 a new web form is available, it replaces the current 940 and 950 and requires a digital identification. http://bit.ly/3Hna6XZ
Individuals can also access with idCAT Mòbil, a system based on the issuance of a one-time password on a mobile phone. Registration can be obtained electronically, without having to travel: http://bit.ly/3iPGGHR
When must the tourist tax be presented?
There are two deadlines for the presentation and payment of the reverse charge:
From April 1 to 20. Deadline for reverse charge for stays made from October 1 of the previous year to March 31 of the current year.
From October 1 to 20. Deadline for reverse charge for stays made from April 1 to September 30 of the same year.
Are there any restrictions to get it?
Yes, the municipal regulations of the uses of the sector where the property is located can limit or condition the obtaining of the license.
The statutes of the community of owners, registered in the land register, can also limit or prohibit this tourist use in buildings subject to the horizontal property regime.
NB: For areas considered saturated, you may not be able to obtain a tourist license or you may have to wait for a license corresponding to the characteristics of your property to be canceled in order to obtain it in turn.
How can I know if the property I want to buy has this license?
By requesting the Registration Number in the Registry of Tourism of Catalonia (ex: HUTTE-00000000 in my city), or the reference of the municipal communication, or simply on the page of the Generalitat with the address of the property. This number exists in all types of advertising where the property is advertised, it is mandatory to advertise. The accommodation for tourist use must also display, in a visible and easily accessible place, the entry register number of the responsible declaration at the town hall. In contrast, the house does not have to display a plaque or insignia unless it is voluntarily categorized.
NB: The categorization is voluntary and is carried out in accordance with the Tourism Quality System of Catalonia. A dwelling for tourist use can be categorized as soon as it is duly legalized, and makes it possible to identify and structure dwellings according to the benefits and services they offer, in five categories, from one to five keys.
Info: There are six types of licenses for tourist establishments in Catalonia: travel agencies, tourist apartments, campsites, residences for tourist use, hotels and rural tourism.
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