A tourist license is a legal document that allows owners of vacation homes to rent them out in a legal and regulated manner. Next, we will explain what tourist licenses consist of, how they can be obtained and what the specific regulations are in Alicante, Spain.
What requirements does the vacation rental home have to meet?
To apply for a tourist license, the home must have an occupation license, whether it is first or second occupation.
Additionally, you must meet the following requirements:
- Be furnished and equipped in conditions of immediate use.
- Kitchen equipped with at least two stoves, refrigerator, electric hob, oven or microwave.
- Elevator, starting when the apartment is on the 4th floor.
- Thermal and acoustic insulation in all areas.
- Hot water.
- Evacuation plan located at the door of the home.
- List of emergency and interest telephone numbers located in a visible place.
- Market or promote yourself in tourism supply channels (travel agencies, reservation centers, mediation companies…).
- Transfer in its entirety or by rooms.
- Transferred for tourist accommodation purposes.
- Market and promote oneself for profit, and not for free.
- Give in on a regular basis.
The administration may make the necessary checks regarding compliance with the indicated requirements and the possession of the corresponding documentation. Tourist homes can be classified into three categories: superior, first or standard.
How to obtain a tourist license in Alicante?
Obtaining a tourist license is mandatory in many cities and regions, and failure to comply can result in fines and penalties. In Alicante, obtaining this license is governed by the Tourism Law of the Valencian Community.
The process to obtain a tourist license in Alicante is as follows:
- Verify that the home meets the requirements: Before applying for a tourist license, it is important to verify that the home meets the quality and safety requirements required by law. This includes having adequate facilities for HVAC, electricity and water, and complying with safety standards for construction and furnishings.
- Obtain the Certificate of Fitness for the home: To obtain this certificate, it is necessary to hire a specialized technician to carry out an inspection of the home and verify that it meets the requirements required by law. This certificate is essential for the process of obtaining the tourist license.
- Submit the application for a tourist license: Once you have the Certificate of Aptitude, you can submit the application for a tourist license at the Alicante City Council. It is important to have all the necessary documentation, including the Certificate of Fitness, the property registry and proof of payment of the corresponding fees.
- Home inspection: Once the application has been submitted, a home inspection will be carried out by the Alicante City Council inspectors. In this inspection, it will be verified that the home meets all the requirements required by law.
- Obtaining the tourist license: If the home meets all the required requirements, the tourist license will be granted, which will allow the owner to rent the home to tourists in a legal and regulated manner.
What documentation is required to present to obtain a tourist license?
When we have determined that the home is suitable for vacation rental, a series of documents must be presented to different official institutions:
Responsible declaration by the owner or owner of the home addressed to the Territorial Tourism Service of the province in which the homes are located, stating compliance with the requirements that apply to the type of home and the commitment to maintain them during the duration of the activity. In this way we inform the tourist administration of the start of activity of housing for tourist use.
By submitting the declaration, the owner assures the Administration:
- That the home has the requirements demanded by the regulations for its classification in the category and capacity reported, and that such requirements will be maintained during the validity of the activity.
- That the home has a favorable municipal report of urban compatibility that allows tourist use.
- That the home has a first or second occupation license.
- That the establishment has civil liability insurance or another equivalent guarantee to cover any damages that may be caused in the development of its activity.
Together with the responsible declaration we must attach:
- House plans signed by the competent and authorized technician.
- The certificate of habitability or first occupancy license, as the case may be.
- Deed of sale, lease contract, transfer contract or any document that proves the availability of the property.
- Identity document, either DNI or passport of the owner of the home.
- Deadline for application
It is important to keep in mind that the process of obtaining a tourist license can be long and complex, so it is recommended that owners begin the process well in advance before planning to rent the home. Additionally, it is important that owners keep the home in good condition and comply with all regulations and safety standards, since inspections can be carried out at any time.
Regarding the specific regulations on tourist licenses in Alicante, it is important to mention that the Tourism Law of the Valencian Community establishes that all homes rented to tourists must have a tourist license, without exception. Sanctions and fines will be imposed on those who rent their homes without having the corresponding license.
In Alicante, certain regulations are also established regarding the maximum number of tourists who can stay in a tourist home. This depends on the size of the property.
Therefore, the application period is throughout the year and must be prior to the start of the activity.
Who can apply for a tourist license?
Tourist licenses can be requested by natural or legal persons, whether or not they are the owners of tourist homes, who transfer properties under conditions of immediate availability for use by users for tourist, vacation or leisure purposes, provided that said assignment is carried out on a onerous and habitual basis.
How to submit the tourist license application?
The relationship with the interested persons or entities will be carried out, both for natural and legal persons, through electronic means, in accordance with the provisions of article 14.3 of Law 39/2015, of October 1, on the Common Administrative Procedure of the Administrations. Public and article 21.2 of the Decree on tourist accommodation in the Valencian Community.
Furthermore, the notification will be made by electronic means, in accordance with the provisions of the penultimate paragraph of article 41.1 of the aforementioned Law.
The electronic presentation of the responsible declaration can be done:
- Through the link you can obtain the certificate of this procedure.
- Doing a search for this procedure in the Electronic Headquarters of the Generalitat.
The resolution of this type of procedure must be notified within a maximum period of 6 months from its beginning.
What is the tourist license fee in Alicante?
Rates vary from community to community and location to location. It is important to keep in mind that the tourist license fee itself has no cost. If you have the record of all the technical documentation, prior and necessary to obtain it.
For example, to obtain a certificate of urban compatibility in Alicante, it costs €111.39. In addition, there is a cost of approximately €40, which would have to be added, for the purchase of a distinctive plate. It serves to mark the property and is mandatory.
How is the vacation rental of a home taxed?
The way of taxing is a great advantage of a tourist home:
- The income obtained from tourist rentals must be included in the annual income statement as urban rental profits, that is, including the income obtained from the development of the activity as profits in the annual income statement.
- It is not necessary to register as self-employed or pay additional fees.
- If the owner is the one who operates the home, VAT is not required.
