In Galicia, there are two categories of housing for tourist purposes:
– Tourist housing; and
– Housing for tourist use.
In addition to the regulation of each of them, the procedure for starting the activity of both is analyzed.
Tourist housing – “Viviendas Turísticas”
Concept
Tourist housing is understood to be the isolated single-family establishment in which tourist accommodation service is provided, with a number of places not exceeding ten and which has, by structure and services, the appropriate facilities and furniture for immediate use, as well as for the conservation, preparation and consumption of food within the establishment.
The commercialization of the tourist home must consist of the temporary transfer of the use and enjoyment of the entire home, so the formalization of contracts for rooms or the coincidence within the home of users who formalize different contracts is not allowed.
The duration of the stay is that freely agreed by the parties, although the period of continuous accommodation may not exceed 3 months.
Requirements
Tourist housing must meet the following requirements
– they must have, at least, the following rooms: bedroom, living-dining room, kitchen and bathroom;
– it must be delivered to the user in perfect condition for use;
– it must have drinking water for human consumption as well as wastewater treatment and disposal;
– the capacity of the dwelling, in no case may exceed 10 places;
– it must have a heating system;
– must display an identification badge on the outside of the main entrance, in a highly visible place, showing the distinctive corresponding to the group and category of the establishment;
– Printed advertising , invoices and other documentation must indicate, in a way that does not lead to confusion, the category in which the establishment is classified, as well as the registration number granted by the tourist administration;
– There must be civil liability insurance that covers the risks of the users of the establishment for bodily injury, material damage and economic damage caused by the development of their activity.
Procedure for starting activity
The entrepreneur who intends to operate a tourist home must meet the following requirements:
- Submit the responsible declaration to the competent tourism administration, attaching the following documents:
- Memory, and plans; and
- Proof of payment of fees.
The presentation of the declaration of responsibility enables the development of the activity from its presentation.
- The competent tourism administration of the provincial area in which the establishment is located will register it ex officio in the Register of Tourist Companies and Activities of Galicia.
- A prior communication of the start of activity must be submitted to the city council.
Housing for tourist use – “Viviendas de Uso Turístico”
Concept
Homes for tourist use are homes transferred to third parties for a tourist purpose. It is understood that this purpose exists when the transfer is made:
– repeatedly, i.e. two or more times within a period of one year;
– in exchange of payment; and
– for a short-term stay, i.e. with a duration of less than 30 days.
The commercialization consists of the temporary transfer of the use and enjoyment of the entire home without being able to formalize contracts by rooms or coincide within the home users who have formalized different contracts.
Such marketing can be carried out by tourism companies, by the owner or by his representative.
For this marketing, the following requirements must be met.
Requirements
The marketing of homes for tourist use must meet the following requirements:
- They must be furnished and equipped in conditions of immediate availability.
- They must comply with the regulations on the promotion of accessibility and the removal of architectural barriers, which will be those corresponding to buildings for private residential use.
- They must have civil liability insurance that covers the risks of the users of the establishment for bodily injury, material damage and economic damage caused by the development of their activity.
- They must have the first occupancy license or certificate of habitability, or final certificate of work that proves that the works were executed in accordance with the license granted.
- Given that these are not tourist accommodations or the provision of tourist services covered by sectoral regulations on tourism, and in guarantee and protection of the rights of tourist users, these transfers may not be promoted, marketed or advertised in tourist supply channels or by any other means of marketing, promotion or advertising as tourist services or activities or in such a way as to create confusion with these services or activities.
Procedure for starting activity
For the start of the activity, the following requirements must be met:
- Submit the responsible declaration to the competent tourism administration, attaching the following documents:
- Memory and plans; and
- Proof of payment of fees
- The presentation of the declaration of responsibility enables the development of the activity from its presentation.
- The competent tourism administration in which the establishment is located will register the establishment ex officio in the Register of Tourist Companies and Activities of Galicia.
The obligation to periodically provide information on the occupancy data of dwellings for tourist use is imposed, as they are the only tourist accommodation, for which the Administration does not have such data.
Likewise, it is imposed the obligation that in all advertising or promotion of tourist housing that is carried out, by any means or channel, the corresponding registration code in the Register of Tourist Companies and Activities of the Autonomous Community of Galicia appears or, if it does not have one, the code accrediting the presentation of the responsible declaration provided by the Administration.
