If you have decided to use your Spanish property for the tourist rental activity, from White Baos Lawyers, we could help and assist you in the whole process of the registration of the property, if it is in the Valencian Region (Alicante, Valencia, Castellon.)
Please, bear in mind that, in order to use your property for tourist rental, it must be registered in the tourist registry of the Valencian Community and obtain the registration number that certifies it.
For clear understanding, we have divided this process into three steps, that we will assist you with.
PART ONE: OBTAINING THE CERTIFICATE OF COMPATIBLE USE
This is a document through which the Town Hall of the municipality where the property is located, certifies that according to the planning and urbanistic rules, the property can be used for tourist rental.
To obtain it, it is essential to pay a fee, which varies depending on the Town Hall, fill in an application form and it is necessary to have an OCCUPATION LICENSE or RESPONSIBLE DECLARATION OF FIRST OR SECOND OCCUPATION in force.
We can get this certificate for you.
PART TWO: TOURIST REGISTRATION
The next step will be to register the property in the tourist registry of the Valencian Community. To do this, we must fill in a form called responsible declaration, in which we must indicate to which category the property belongs to (standard, first or superior). The category of the property depends on the characteristics of it (offered services, number of rooms, size of the rooms, number of beds, places, etc.). During this part of the process, we will send you a questionnaire (in your language) that you must fill out, in order to provide us the information to select the category where your property belongs to.
Once we have completed the form, we will present it at the Territorial Tourism Service of the Valencian Community.
You must bear in mind that if you are going to register between one and four properties, you must present the form as an individual, however, and if you wish to register more, you must present the form and register as a rental management company.
If everything is correct, the authorities will send us a document with the registration number of the property, confirming that the property has been included in the registry.
We can get your property registered for you.
PART THREE: TRAVELERS-GUESTS REGISTRATION BOOK
Once this is done you would already be authorised to rent the property as a tourist renta property.
However, for the property to be in a perfect legal situation, you must complete a final step at the police station of the national police or before the civil guard (depending on which is operating in the municipality). This step consists of registering the property in the travellers or guest book registry of the Interior Ministry. The procedure must be done personally by you or the person who will manage the rentals for you.
Once you have this registration, you will be given access to a digital platform in which you will have to upload the data of each person over 16 years of age staying at your property.
In addition, you must keep a record book with the data of all your guests. Therefore, each time a person stays in your property, you must fill out a guest or customer form. These customer records will be what conforms to the guest record or registration book. You must have these files available to the police or the civil guard if requested.
We will prepare the guest form model for you, provide you with the relevant information, apply for the inscription on the guest book, prepare for you the forms to be filled in by the guest, etc.
TAXES:
The income obtained from this activity, it will be subject to the Income Tax. At White Baos we can offer you our tax service, in order to make sure that all is done correctly.
If you want to let out your property in Spain though Tourism Rental or Letting (AirBnB, HomeAway, etc.) and you want to get real expert advice, contact us and we will help you.
Best regards.
The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
E-mail: info@white-baos.com
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