The regulation of rent of temporary or short-term accommodation will be released on January 2. However, the Royal Decree that creates the Digital Single Window for Leases will have a first transition period yet to be defined in which it will be voluntary so that “it does not cause harm to the owners”, according to sources from the Ministry of Housing and Urban Agenda.
The Council of Ministers approved this Tuesday to send to public hearing the Royal Decree that obeys the development of a European regulationwith the aim that the measure is approved before the end of the year. This rule will not have to be approved in Congress, since it is a regulatory development.
“We have to give enough time for it to be implemented with legal certainty,” the Ministry of Housing has indicated, while defending this first voluntary phase because “there are many owners who will have Easter contracts already formalized.” . Therefore, from Housing They have not given an exact date of when this registration will become mandatory.
How registration will be carried out
The registration will be carried out through the College of Property Registrars and this will be in charge of giving the identification number for each home If you want to establish a short-term rental, identify that you meet the requirements.
It will also inform the Digital Single Window, which will be managed by the Ministry of Housing, in the event that a property has been denied its license or has been renewed, since it will be limited to a maximum period of 12 extendable months.
For its part, the Digital Single Window will act as a platform on which data will be interconnected of the town councils, autonomous communities, communities of owners, owners and those of the Property Registry. The objective is to have all the information about the same home in a common and accessible space, to be able to be consulted within all the countries of the European Union.
Differences between temporary and tourist rentals
Housing sources have detailed that the registration will be different depending on whether it is a seasonal rental – within which the rental of rooms would be – or tourist accommodation. So, In the case of temporary rentals, an identification code valid for one year will be issued. and, when you want to renew again, the landlord of the property must attach all the documentation that justifies the causality of the temporary rental.
The objective is Identify if the same tenant is chaining temporary contracts unjustifiably in a home when this is your habitual residence and you should be enjoying an ordinary rental. “When it is seen that contracts are being linked with the same tenant, this temporary code will be denied and the property registrar will notify the owner and the window, so that a resolution can be issued,” they have detailed.
For their part, in the case of tourist accommodation, tenants must request this number from the property registry, which will ensure that the regional and municipal requirements are met so that this home can obtain a tourist license. Also, he will be in charge of verify that the establishment of housing for tourist use has not been prohibited in the block by three-fifths of the owners, as established by the Supreme Court in a ruling a few weeks ago.
15-day provisional code for tourist apartments
From Housing they have indicated that in order not to slow down the licenses, they will be given to tourist accommodation a provisional code and within 15 days it will be said whether it is firm or not. If not, the owner will be given a period of seven days to correct any possible errors.
Once the number is obtained, the owner of the tourist home will be able to go to a digital platform and market the accommodation. For their part, the platforms will be obliged to expose that code in a “very visible” way in ads.
Likewise, digital platforms They must check at the Digital Single Window if this number is correct and corresponds to the apartment that you are trying to advertise. Tourist accommodations will be required to have this number if they want to advertise on the platforms.
In this sense, Housing has assured that The platforms have shown “predisposition” to the initiative, Therefore, they do not expect to encounter barriers to its application. On the other hand, they have defended that the measure will facilitate inspection and control by the autonomies and city councils, “now orphaned”, since many times they cannot or do not have the capacity to verify.
Who is responsible for the sanctioning regime?
The sanctioning regime that is applied in case of non-compliance with the rule will be in the hands of the autonomous communities and city councils. Likewise, they have pointed out that the Consumer Law offers another guarantee in case the standard is not met.
Furthermore, they have indicated that the code request, which will be made through the Property Registry, will be based on a simple note, so The operation would have a cost, although it will be “as accessible as possible”. “It will not be for profit nor will it be substantial,” they stressed.
With this measure, they defend from Housing, they also seek know how many short-term rentals there are in the market and facilitate their return to the ordinary rental market in the event that their temporary stay is not justified.
