Translated from Catalan!!

Government approves decree which regulates the homes of tourist

The houses are transferred to third parties for both season less than three months require municipal business license
The decree defines the quality standards and guarantees in the marketing of tourist housing
It also gives legal certainty to owners and users of housing, and enables municipalities and neighbors can effectively control the marketing


The Government today approved the decree that regulates housing for tourist use, ie, that the use of property which the owners give to others to stay there a season by an economic consideration.

One of the main news of the decree is that the housing is transferred to third season for stays of less than three months require municipal business license. They are also subject to the scope of the decree that all homes are transferred to third parties more than once within a period of one year.

The decree increases the guarantees by the user, the owner, neighbors, municipalities and allows greater control of the administration:

For the user, because apartments for tourist use must comply at all times and conditions for services required in homes. Until now, only had demanded that the certificate of occupancy.

For owners, because if the user infringes the basic rules of coexistence or breaches bylaws in this area may be required, within 24 hours, leaving the house.

For neighbors, because the location of a home use will not be possible if tourism is limited by statutes of the community buildings subjected to horizontal property regime.

Regarding administration, the decree provides for both councils and the Government more control mechanisms and management of these activities.

Pursuant to the Decree, the municipalities have to regulate the activity of tourist housing within a maximum period of one year from the entry into force of regulations. The tourist homes that currently have local empowerment must obtain a new permit within a maximum of four years.



Technical Requirements of tourist housing
The homes of tourist must have the certificate of occupancy at all times and meet the technical conditions required for quality housing. The dwellings shall not be occupied more seats than those stated in the certificate. In this sense, the housing must be adequately furnished and equipped with appliances and utensils necessary for the proper provision of accommodation in relation to all places of disposal.



Municipal Permit
The house where he stays season produce requires the person is authorized by the City for using the habilitation (license or communication) to decide. The new legal framework also facilitates the entry of inspectors and agents of authority in these homes of tourist precinct and its possible since they are not considered private home.

The destination of a home in the tourist use is not possible if the organization uses prohibited by the sector where it is or is limited by statutes of the community buildings subjected to horizontal property regime pursuant to Article 553-11 of Law 5 / 2006 of 10 May, the fifth book of the Civil Code of Catalonia, relative to property rights.



Rights and obligations of holders of those intermediaries and users:
1.The owner or the property owner must provide a contact telephone number, your own or a third person, users, neighbors and authorities competent to handle immediate communications on housing activity of tourist use.
2.La registered owner of the property or in his case, the intermediary must ensure a service support and maintenance of housing.
3.The councils, in response to the particular impact of the activity and characteristics of your municipality can increase the requirements and guarantees the fulfillment of obligations reflected in paragraphs 1 and 2.
4.Tots of tourist homes must have an official complaint / statement of the organ responsible consumption of Government Administration. These sheets should be available to users in an appropriate location within the dwelling for tourist use. In any case, the homes of tourist must display a sign in a visible place on the availability of information sheets official complaint.
5.The user can provide in case of claim or complaint before the competent public authorities, the documents they deem appropriate, particularly copies of communications that had been addressed to the person holding the property or its middlemen traders. The homes must display in a visible place, a copy of the authorization provided in Article 3.1.
6.Les persons owning or in your case, people intermediary, must register and send the users hosted on the Directorate General of Police, by electronic means, information concerning the stay of people 's house there, according to safety regulations applicable to all public establishments that provided by money, accommodation to people.


Municipal Enabling
The municipalities have municipal ordinance to regulate the procedure for granting permission for use of private tourism. To request authorization, the owner must provide at least the data and the following documents:

• Data on housing and its maximum legal capacity.
• Data from the owner.
• The intermediate data of the person, by assuming that the property is marketed for use through your tour.
• The telephone number provided for in Article 5.1.
• The email address of the owner or person intermediary in his case.
• The identification of the company support and maintenance of housing.
• Affidavit in accordance with provisions of the certificate of occupancy and the first occupation license, if applicable, and is aware of the tax obligations to the municipality.
The validity of municipal authorization excludes the use of the property as a residence.



Collaborative inter-
The municipalities must submit to the Administration of the Generalitat of Catalonia high tourist use of unauthorized housing in its place, and casualties produced immediately.

Moreover, the competent authorities shall cooperate among themselves to optimize the inspection and control of activity of tourist housing. To this end, municipalities can apply for support to the Government of Catalonia in inspection work related to the housing of tourist activity.



Housing tourist use illegal
It is considered illegal housing of tourist that is not covered by the mandatory municipal authorization. Once confirmed the existence of a housing of tourist illegal sort cessation of activity until they captured the relevance rating municipality.

The cessation of activity of tourist housing illegal as a penalty must be resolved in accordance with the law the right to housing, the procedure applicable sanction of Government Administration and in appropriate, disciplinary procedures in terms of regulation of activities having established their own towns.



Sanctions
Everyone who sells homes in person is the owner of the property or not, to make it stays season, is responsible in the case of offenses classified in Law 18/2007 of 28 December, right to housing.

The sanctions to be imposed by the competent authorities breaches of this Decree shall attend the disciplinary procedure applicable to the Government Administration and in your case, the sanction procedures that have established their own towns.



Transitional arrangements
The activities subject to this decree are operating under the protection of municipal authorizations granted prior to its entry into force, must obtain the authorization provided in the City within four years from the entry into force of this Decree. After this period, cease the activities that have not obtained the proper authorization to the present municipal decree.

Obligation to regulate
The municipalities have to regulate the activity of tourist housing within a maximum period of one year from the entry into force of this Decree, notwithstanding the restrictions or limitations that may determine the effect on exercise the powers of town planning.