Basque Country – Pais Vasco – Tourist Rent

Table of Contents

Table of Contents

In the Basque Country, two types of housing for tourist purposes are distinguished in the regulations:

– Dwellings for tourist use  – “Viviendas de uso turístico”

Accommodation in rooms in private homes for tourist use.

Homes for tourist use – Viviendas para uso turístico

Dwellings for tourist use are any dwellings, regardless of their type, that are offered or marketed as accommodation for tourist or holiday reasons, and that are transferred in their entirety, and temporarily, repeatedly or habitually and in conditions of immediate availability, in exchange for economic consideration.

They must meet the following requirements:

– They can be marketed directly by the owner, operator or manager, or indirectly, through third parties;

– Habituality is presumed when advertising or marketing of the dwellings is carried out in any type of support, medium or channel of tourist offer or when accommodation is provided for a continuous period of time equal to or less than 31 days, two or more times within the same year;

– They must have a first occupancy licence or certificate of habitability;

– They must comply with urban planning regulations, and must have at least a kitchen, bathroom and a sleeping room, considering as such, in addition to the bedrooms, the living rooms enabled for this purpose.

Accommodation in private rooms

Accommodation in rooms for tourist use is accommodation in rooms in private homes, temporarily, repeatedly or habitually, for a price, offered for holiday or tourist reasons.

The place of effective residence of the owner is considered to be a private home.

In the rooms of private homes for tourist use, the following requirements must be met:

– The prohibition of offering rooms in more than one dwelling;

– Only a natural person can be the owner of the accommodation activity;

– They must comply with the requirements in terms of infrastructure, urban planning, construction and building, safety, those relating to the environment, health and consumption, hygiene and occupational health in compliance with the regulations on the prevention of occupational risks, as well as, where appropriate, those required by other applicable regulations.

Procedure for starting activity

To start the activity in both types of housing, the following procedure must be followed:

a) Presentation of a responsible declaration of commencement of activity to the competent tourism administration.

b) When submitting the declaration of responsibility, compliance with the following requirements must be accredited:

  • Ownership of the right to enjoy or manage the property – property deeds, lease contract, management of the activity, document of constitution of the community of property or other similar documents;
  • Conformity of the tourist activity with the municipal regulations relating to urban uses and building. The home must have a first occupancy license;
  • The required environmental requirements;
  • Conditions and operating regime of the activity according to the applicable tourism regulations;
  • Insurance of civil liability and last receipt of payment;
  • In the case of homes for tourist use, if the owner of the activity is a legal person: articles of incorporation, deeds of power of attorney of the legal representative of the company;
  • In the case of accommodation in rooms, effective residence must be accredited by the registration of the person who owns the activity;
  • Compliance with tax obligations, and, where appropriate, with occupational health and hygiene regulations, and occupational risk prevention.

c) The declaration of responsibility must be accompanied by the following documentation:

  • Scale plan, indicating destination and useful area -excluding terraces, balconies or clotheslines-, distribution and maximum number of spaces;
  • Photos of the façade and interior; and
  • Photocopy of the ID of the person signing the responsible declaration.

d) The complete presentation of the declaration of responsibility for the start of the activity enables the development of the activity from that moment on, with the immediate effect of its registration in the Register of Tourist Companies and Activities of the Basque Country.