Dear Lawyer,
We have a villa in the rustic area of Denia. It was an old finca that we renovated, keeping the traditional appearance. Now we want to let it out for holiday makers, but we have been informed that it is not possible, because this activity is not allowed in the rustic area. Is this correct?
Dear Reader, thank you for your consultation.
In order to develop a letting activity in a proper legal manner, it is important you are aware of the following:
Tourism authorities. To let out a property for holiday makers, normally for weeks, placing the publicity on the internet, etc., you will need to apply to the Tourism Authorities for a tourism letting license. In the majority of the cases, this will be just a straight forward application.
Specialties for the application for properties on the rustic – non able to be urban area.
In your case, if the property is in a rustic area, normally the tourism authorities will not be able to grant directly the license for tourism letting activities, and you will need to obtain and fulfil some extra requisites. Normally you would be also be asked for:
.—License of activity from the Town Hall, confirming that you can develop the letting activity on the property, and that the use is possible and in accordance with Town Hall rules.
.— Declaration of Communal Interest ( Declaracion Interes Comunitario) or a resolution that confirms that it is not needed. This declaration is granted by the Conselleria.
Tourism lettings and land uses in the Valencia Community are governed by the Laws/Rules 92/2009 and 5/2014.
Regarding the Declaration of Communal Interest ( DCI) ( Declaracion Interes Comunitario) from the Conselleria:
As per the articles 197, 201, etc. of the Law 5/2014, regarding the Planning of the territory, urbanism and landscape, (de Ordenación del Territorio, Urbanismo y Paisaje), of the Valencian community;
The conditions to be able to get the DCI, are:
.- The plot must be 5000m2 in size as minimum.
.- there should be no available land in the near urban areas able to develop the activity you intend, within 5 km from your place.
.-Or the activity you intend to develop should be of interest for the architectural patrimony in the rural area, etc.
There are other cases, where by law this DCI is not needed, for example when the application and the project attempts to reuse of the traditional architecture in rural areas, wineries, oil mills and rural restaurants or housing, etc.
To sum up:
The fact that your property is in a rural, rustic area, means that in order to developer this tourism letting activity in a legal way, you will need some special licenses and declarations. Although, it could be a difficult process, we advise our clients to respect the laws, as the legal consequences for not doing so could be severe
If you are, or you know somebody in this situation, please contact us, we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general 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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