2017/0527/E
EC/EFTA
ES Spain
  • SERV - SERVICES 98/48/CE
2018-02-19
2017-11-23

- Regulating tourist apartments and dwellings in the Community of Madrid.

Draft Decree amending Decree 79/2014 of 10 July 2014 regulating tourist apartments and dwellings in the Community of Madrid

This draft decree primarily intends to address the following measures:

a) Removing the requirement that tourist dwellings be rented out for less than 5 days, in accordance with High Court of Justice Judgment No 302/2016 of 2 June 2016.

b) Precisely defining the currently non-existent concept of tourist supply channels, clarifying that these channels, and therefore their online platforms, are deemed to be tourism companies and so are subject to the sanctions set out in the Law on tourism management in the Community of Madrid.

c) Establishing the certificate of suitability for tourist dwellings as a technical document, to reassure users that the dwelling in which they plan to stay meets certain requirements.

d) Introducing new specific responsibilities for owners or landlords in the management of their activities, with the aim of improving tourism quality and increasing citizens' safety, such as making complaints forms available, having public liability insurance in place and making it compulsory for owners or landlords to submit information to the Directorate-General of the Police on the tourist dwelling users, in accordance with national legislation concerning citizen protection.

e) Explicitly setting out users' rights and responsibilities, particularly responsibilities in terms of respect for other residents.

f) Making it possible to prohibit tourist dwellings being set up within Owners’ Associations whose rules explicitly forbid this.

g) Removing the current notions of ‘regularity’, the minimum term for carrying out the activity and the ban on tourist dwellings being able to be rented as rooms.