The hotel sector is one of the most lucrative that exists in our country, especially in those spaces focused on receiving guests. Buying or opening a hotel is an important and complex undertaking that requires careful planning and financial foresight.
Our advice is to be thorough in the research and discovery process, and to make sure you find accommodation that will help you achieve your short- and long-term goals. If you are considering setting up your own hotel, below we will tell you what the legal requirements of a hotel are, the procedures to open it and all the characteristics.
Criteria to take into account when buying a hotel
When you’re ready to start looking for accommodation, here are some key criteria to keep in mind:
- Location. In this case we will have to see if it is located near the center, the beach, etc. The location of the accommodation will greatly affect its performance, including room demand, seasonality and the market segments it can attract.
- State of the accommodation. There is generally less risk in purchasing an existing hotel because you can inspect the building and grounds. Although you will have to check if any major renovations are needed that require it to be closed for a period of time, etc.
- Accommodation performance. If the accommodation is currently in operation, know how it is performing in terms of occupancy rate, average rate and profit margins, etc. On the other hand, if the accommodation is not in operation, know why it closed.
- The local market. You may have big plans to upgrade accommodations and charge higher rates, but the market often decides what travelers are willing to pay.
- The reputation of the accommodation. If the property is well managed and has a good reputation, you will benefit from positive brand perception and existing guest loyalty, which will help generate demand. However, if you have a bad reputation, it will be easier to attract guests, and it can take a long time to build a positive reputation.
Steps to follow to build or open a hotel and its legal requirements
Before starting to describe the requirements to open a hotel in Spain, the first step is to define what type of establishment you want to open.
Spanish law typifies different types of accommodation, and there are three:
- First group: includes hotels and apartment hotels. This group would also include luxury hotels that have been classified as such by the General Directorate of Tourism.
- Second group: pensions and hostels, which are establishments that do not meet all the characteristics to be considered a hotel.
- Third group: guest houses.
After this prior classification, tourist accommodation establishments must obtain a definitive tourist authorization and classification. This must be requested from the Tourism Department of the autonomous community in which they are going to open and will be granted by it through the General Directorate of Tourism.
This classification already includes the category and name that will be used. This request must be accompanied by:
- Accrediting documentation of the owner of the exploitation
- Copy of the property deed or lease contract
- Plans
- Designation of the establishment Director
- Establishment name
To this authorization and classification must be added the relevant construction license and the municipal activity license, the obtaining of which must be communicated to the Tourism Administration within 10 days following its granting.
In the resolution, the final tourist authorization and classification will be delivered to the interested party and will be registered in the Registry of Tourist Companies and Entities of the General Directorate of Tourism. If any modification is made to the project, it must be communicated to the General Directorate of Tourism, prior to the completion of the works for the construction of the hotel.
In each case, it is necessary for the establishment to have a plate with the distinction of which group it belongs to in accordance with current regulations. In this same identification, the number of stars that the premises has must be displayed.
And, depending on the category, each establishment has to meet certain requirements, which include everything from structural aspects of the building to the furniture in the room.
Building structure requirements
Among the legal requirements for opening a hotel, those that have to do with the building itself stand out, since lodging establishments have to comply with the standards that are established by the corresponding bodies with regard to the installation, construction and safety operation.
The structure of the building must be consistent with the type of establishment, its activities and its functions. Depending on the number of stars and the category of the establishment, they must have certain essential spaces to continue to be included and recognized as such.
Among the requirements that any type of hotel must meet are heating, water, having hygienic service standards, that the rooms are isolated from external noise and that the establishment is adapted for people with disabilities.
Therefore, the first thing to do after defining the type of establishment is to condition the building so that it is suitable according to the corresponding category. In this sense, acquiring a property that has previously been a hotel is the simplest, as it will be easier to refurbish it. But if you decide to build from scratch, you will have to wait longer to obtain construction and occupancy permits.
Hotel license
The tourist license is a document that allows the carrying out of tourist activities. For which, authorization for operation and tourist activity is needed. Without said license, it is not possible to open to the public. This license takes between 1 and 3 months to be granted.
The powers in tourism are held by the autonomous communities, so the requirements may vary depending on the region in which the establishment is located. For this reason, it is necessary that you consult the information with your autonomous community to avoid surprises.
To obtain the hotel license, the owner has to present a responsible declaration of the start of activity with technical data specifying that they meet the minimum requirements according to the regulations. After presenting it, the hotel must register in the Tourist Registry of the Autonomous Community.
Other legal requirements
Among the legal requirements of a hotel, there are also some administrative procedures that must be carried out to comply with the law. In this regard, one of the essential requirements is the registry book, since all establishments are required to keep a guest book of the guests who enter and leave it, with the signature of each of them. This logbook must always be available to all guests who request it and each establishment must keep it for a minimum of 3 years.
Another fundamental requirement is to comply with safety parameters in the event of accidents, such as fires or earthquakes. This means having emergency exits and the corresponding signage.
What are the procedures to open a hotel in Spain?
As we have seen previously, the legal requirements of a hotel are fundamentally related to the conditioning.
However, there are also some procedures that must be carried out in order to open the business:
- Responsible declaration from the owner of the establishment.
- Request for operation and authorization of a tourist company.
- Health authorization.
- Outdoor advertising license.
- License for classified activity.
- Works license.
- Declaration of registration for the Economic Activities Tax.
- Legalization of the guest book.
- In addition, it is necessary to process the necessary documents for hiring hotel staff.
