Do you have a second property? Are you interested in vacation rental? Do you have doubts about the legal field?
Today you will be a little closer to knowing how to establish the legal bases of this type of business. Whatever the construction, hotel, apartment complex or holiday home, if they are dedicated to the accommodation of people, they must have a record book that is made up of the entrance parts that are created for tourists. In each part of the entrance we will find identification data of each guest.
The obligations in this area are detailed in Order INT / 1922/2003. Said Order says that the entry parts must conform to the model indicated in the annex that said Order contains. Below, you will find a link where you can download the annex:
BOOK-REGISTRATION AND ENTRY PARTS OF TRAVELERS
The log books collect the entrance parts of the guests. You can fill in passenger entry parts manually or computerized using computers, mobile devices or electronic tablets. Companies like Partee have computer applications that allow travelers’ parts to be covered in electronic format.
The tourist’s signature is compulsory in said part, and this can be done in handwriting, with a digital signature or with a pointer on a screen. We also find mandatory in the numbering of the parts of travelers in a correlative way.
Although our first part can have the number we want, the other parts must be correlative to it. The parts must be stored in batches, following the correlative order at all times. Each batch must contain between 100 and 500 parts.
The record book must be at hand at all times, ready to be exhibited to the competent authorities if they require it, and the record book must be kept for at least the last 3 years.
You must transmit the information contained in the entrance part to the corresponding police force within 24 hours after the entrance of the guests.
It is recommended not to use another type of part model, although there are other non-standard part types that have the approval of the competent authorities.
Among these non-standard parts are the National Police (webpol), the Civil Guard (hostels), Ertzaintza (hotel registry) and Mossos (registry of lodging establishments.
It is recommended to make a batch or annual registration book, unless you have a holiday home that is not very crowded and you do not reach the minimum of 100 entrance parts. In that case, we recommend making a log book every 2 or 3 years. Visit our article on hostelry for more information:
Nowadays, dedicating a property to vacation rental is something that is a very famous business, due to the great income that this can generate.
However, in order to start this business, you must know a series of requirements, which will vary according to the Autonomous Community to which we belong.
In the Canary Islands, to be considered a holiday home, it must comply with the following:
-Be furnished and equipped.
-Giving in two or more times in the period of a year.
-Giving in its entirety and for tourist accommodation purposes.
-Use the channels of tourist offer to promote yourself.
-Promote yourself for profit.
-Comply with the characteristics of decree 113/2015.
Do you have more questions about the requirements? In this the following link you can find a complete guide about vacation rental in the Canary Islands:
CERTIFICATE OF OCCUPANCY
This document is usually given to the owner of a property when he begins to live in it, so it is quite likely that you already have it. The habitability certificate, also known as a first occupancy license, indicates that the property meets the requirements to be able to be habited immediately.In summary, with this document, we are ensuring that the house is able to be habited by tourists.
DIMENSIONS, FURNITURE AND FACILITIES
Each Autonomous Community measures in a totally different way what the minimum conditions of habitability should be.
Among the indicators that we can find, are the minimum measurements of the rooms or the number of minimum square meters per guest. Some Autonomous Communities even require a minimum of facilities and furniture.
TOURIST ACCOMMODATION CONTRACT
Through a model of a vacation rental contract, you can include a series of “specific clauses”. Among these clauses, the ones that are most often found are the reservation and cancellation policies, admission rights, prohibitions, complementary services, penalties, bonds …
With this contract, you manage to transmit total transparency to the tourist about the service you are going to acquire.
EXCLUSIONS AND PROHIBITIONS
A property dedicated to this business will not always be considered a vacation home and you will not always be allowed to function as such.
It will not be considered a vacation home when:
-You make a model housing rental contract per season.
-You rent the property once a year, but not repeatedly.
You must make one entry part for each new guest you receive, compiling all the entry parts into a logbook. Each part of entry must be notified to the competent authorities within 24 hours from when the guest entered.
Many times it is quite a complicated task to have to be doing entrance parts every time someone enters the property. For this reason, at Hosticasa we offer a Integral Service in which we take care of absolutely everything: professional photography, promotion on digital platforms, web positioning, legal advice, entry parts and much more.
With this service, you don’t have to worry about a thing! You just have to worry about reaching out and receiving the money, easy right? Visit our Integral Service:
If you are interested in this or any of our services, contact us!