It is always a good time to remember the ABC of tourist homes! If you own an apartment and want to offer it to a third party in exchange for a price, you should know that it has to be legalized. We explain why and the steps to follow to be able to carry out your activity within the prescribed limits.
WHAT IS A HOUSING FOR TOURIST USE (HUTG)?
It is lent directly or indirectly by its owner to a third party in its entirety, in exchange for a price, for a term equal to or less than 31 days.
WHO IS THE HOLDER OF THE HOUSING ACTIVITY FOR TOURIST USE?
You are the owner of the home, who must obtain the corresponding municipal authorization, although its marketing and management may be entrusted to a third-party manager.
WHAT CONDITIONS SHOULD A HOUSE HAVE IN ORDER TO BE LEGALIZED AS A HUT?
• It must have a certificate of occupancy, as in any other dwelling, and it cannot be occupied with more places than those indicated on the certificate, and with a maximum of 15.
• You must satisfy, at all times, the technical and quality conditions required of housing in general.
• It must be sufficiently furnished and equipped with the appliances and tools necessary for its immediate occupation, and in a perfect state of hygiene.
WHAT SHOULD BE DONE TO LEGALIZE A HOUSING FOR TOURIST USE?
Legalizing HUT is done simply and easily. The start of the activity must be notified to the town hall by submitting the corresponding documentation on the electronic portal of the single business window.
• It is necessary to consult the town hall before carrying out this procedure if there is any suspension or limitation of this type of housing authorizations for tourist use in this municipality. You can make the query at the electronic headquarters of the town hall where the activity is located.
• In the event that the procedure is carried out and the municipality where the dwelling is located has agreed to a suspension of qualifications, this communication will be deemed not submitted and, therefore, will not generate any legal effect.
• This procedure can only be done online. The documentation that you provide through another channel will not be taken into account or computed for the purposes of the submission date.
The General Directorate of Tourism will then send this documentation to the corresponding City Council, which will require other possible documentation and pay the corresponding fee.
Finally, it will be the General Directorate of Tourism who will legalize it by giving it a legalization number (HUTG-), which will be the one that must be used to promote it.
WHEN CAN THE TOURIST HOUSING ACTIVITY START?
Since the holder presents the Declaration of Responsibility prior to the Single Window for Execution (FUE). Once the home has been legalized, the council informs the Catalonia Tourism Registry (RTC), which assigns it a registration number (NIRC), which is reported to the owner. This number must appear in all types of home sale advertisements.
WHY IS IT APPROPRIATE TO LEGALIZE HOUSING FOR TOURIST USE?
Because the exercise of this activity must be carried out within the legal scope. The legalization of housing puts the activity in a better position in the market due to promotion policies and the possibility of qualification.
Legal housing benefits from the dissemination and promotion of tourism through the Official Tourist Accommodation Guide and the Tourism Promotion Portal of Catalonia.
WHAT HAPPENS IF HOUSING FOR TOURIST USE IS NOT LEGALIZED?
The exercise of this activity will be considered illegal. This illegal situation puts the owners at risk of being sanctioned by the city council or the Generalitat de Catalunya. The delegalization of activities supposes an effective loss of competitiveness and a weak competition for legalized habitats.
HOW TO IDENTIFY THE USER WHO CONTRACTS A HOUSING FOR LEGAL TOURIST USE?
For the display of the registration number in the Tourism Registry of Catalonia or the reference of the municipal communication, in all types of advertising where the home is advertised. The dwelling for tourist use must also display, in a visible and easily accessible place, the HUTG number.
WHAT OBLIGATIONS DOES THE OWNER OF A HOUSING FOR TOURIST USE HAVE?
• Provide the town hall, users and neighbors with a telephone number to attend to and immediately resolve queries and incidents relating to the activity of housing for tourist use.
• Guarantee a housing assistance and maintenance service.
• Require the assignee to leave the dwelling, in the event that he does not respect the basic rules of coexistence or fails to comply with the municipal ordinances issued for this purpose.
• Submit to the General Directorate of the Police the information related to the stay of the people who are staying, in accordance with the citizen security regulations.
• Collect the Tourist Tax, the tax on stays in tourist establishments (IEET). This means that the user of the dwelling for tourist use is obliged to pay this tax, which is carried out at the end of the stay, upon delivery of the invoice by the owner, who must present, on his day, the settlement before the Tax Agency of Catalonia.
DO THE TOURIST REGULATIONS ESTABLISH ANY TYPE OF LIMITATION FOR THE OWNER IN ASPECTS SUCH AS RESIDENCE OR REGISTRATION?
No, tourism regulations are neutral in relation to these aspects. The only limitation that it regulates in this sense is that the owner cannot allege the condition of domicile for the purpose of preventing the inspection action of the competent authorities.
WHAT CONTRACTUAL FORM SHOULD THE ASSIGNMENT OF A HOME FOR TOURIST USE TAKE?
Tourism legislation does not predetermine any specific contractual form in which this transfer must materialize, which can be carried out in any of the forms admitted by law.
SHOULD HOUSING FOR TOURIST USE BE CATEGORIZED?
The categorization is voluntary and is carried out in accordance with the Catalan tourism quality system. A dwelling for tourist use can be categorized as long as it is duly legalized, and allows the dwellings to be identified and structured according to the benefits and services they offer, in five categories.
To categorize a dwelling for tourist use, you must fill out a request for the categorization of a dwelling for tourist use and a self-assessment questionnaire.
CAN THERE BE ANY RESTRICTION TO ALLOCATE A HOUSE TO A TOURIST USE?
The municipal ordinance of uses of the sector where the dwelling is located can limit or condition this use.
The Statutes of the community of owners, registered in the Property Registry, can also limit this use in buildings subject to the horizontal property regime.
DOES THE HOUSING FOR TOURIST USE HAVE THE CONSIDERATION OF PUBLIC PREMISES?
Public establishments are characterized by being buildings, premises or enclosures accessible to the public, and their free access cannot be restricted due to any personal or social condition or circumstance. Tourist accommodation establishments are considered public premises, that is, hotel establishments, tourist apartments, campsites and rural tourism establishments.
On the other hand, free accessibility is not a characteristic element of housing for tourist use, since it is its owner who decides to transfer it to third parties, and it is not considered a public place.
IS THERE ANY OFFICIAL REGISTRY OF HOMES FOR TOURIST USE?
Yes, the Registry of Tourism of Catalonia (RTC). The RTC is attached to the General Directorate of Tourism of the Government of Catalonia.
The registration process will be carried out ex officio by the General Directorate of Tourism from the communication of registration of the activity by the corresponding City Council. From that moment on, the dwelling for tourist use has a registration number that fully identifies it for legal purposes. The General Directorate of Tourism notifies the registration number of the dwelling for tourist use to its owner.
IS A HOUSING FOR TOURIST USE THE SAME AS AN ESTABLISHMENT OF TOURIST APARTMENTS?
No, they are different realities. Tourist apartments are establishments that provide temporary accommodation services in buildings or continuous complexes made up entirely of apartments or studios, as single establishments or as business units with the corresponding tourist services. They must not have a certificate of occupancy.
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