The Statute of Autonomy of the Canaries, approved by Law 10/1982, 10 August, article 30.21 grants the Canaries exclusive jurisdiction over its tourism.
Canarian tourism law 7/1995, approved within the framework of exclusive jurisdiction and exercise of legislative power, which in its present form, provides that tourist accommodation services will be offered within hotel and extra-hotel definitions, and that the Canarian government would regulate the types of establishments as so defined. This legal mandate was carried out with the approval of Decree 142/2010, 4 October, approving the Regulation of tourist accommodation.
Subsequently, Parliament approved Law 4/2013, 4 June, of flexibilization and development of the rental property market, which in Article I.2 adds clause “e” to Article 5 of Urban Letting Law 29/1994, 24 November, by which was excluded from the scope of the Act, “the temporary cession of an entire dwelling furnished and fitted for immediate use, advertised or promoted through tourism channels for financial gain, when it is subject to special rules, derived from the legislation of its sector “.
For the above reasons, it has been deemed necessary to develop regulation which determines the conditions and requirements that households must comply with to be touristic.
The Decree comprises a single article concerning the approval of Regulation of dwellings for tourist use in the Canaries, the text of which follows.
The Regulation consists of four chapters:
- chapter I – general provisions dealing with the object, definitions and scope of application of the regulation, and aspects related to the identification of dwellings for tourist use and information and publicity;
- chapter 2 – conditions of use, technical requirements and minimum equipment that dwellings must have for tourist use. These requirements are complementary to those already required by Decree 117/2006, 1 August, which regulates habitability and the procedure for obtaining a cedula de habitabilidad;
- chapter 3 – establishment of initiatory procedures and how the business is conducted in accordance with the system of declaration as per tourism ordenance Law articles 13.2, a) and 24.1;
- chapter 4 – complaints, inspections and sanctions.
Single article. Approval of the Regulation. The regulation of dwellings for tourist use in the Canaries, whose text follows, is approved.
REGULATION OF DWELLINGS FOR TOURIST USE IN THE CANARIES
CHAPTER I: GENERAL PROVISIONS
Article 1. Object.
This Decree is to regulate dwellings for tourist use in the Canaries.
Article 2. Definitions.
1) For the purposes of this Decree the following is understood:
a) Accommodation for tourist use: dwellings of whatever type that are furnished and equipped for immediate use and meeting the requirements of this decree, advertised and promoted through tourist channels to be given in their entirety to third parties for paid tourist accommodation.
b) tourist channels: travel agencies; reservation centres; other intermediary businesses and tourist service organizations including virtual; as well as publicity placed in social media related to travel and stays in places different to those normally used by tourists.
c) Temporary let: any occupancy of a dwelling for a period of time
d) Businesses exploiting tourist use dwellings: individuals or businesses whose professional activity, whether main activity or not, is the provision of paid accommodation which meets the requirements of this Decree.
Article 3. Scope.
1. Subject to this Decree are dwellings for tourist use located in the autonomous region of the Canary Islands.
2. Excluded from the scope of this Decree are tourism establishments set out in Decree 142/2010, 4 October, approving the regulation of tourist accommodation or rules which replace it.
3. It is understood that a dwelling has been let under the terms of this Decree when its marketing takes place through tourism channels.
Article 4. Régimen de explotación
1. Dwellings for tourist use must be let in their entirety to a single user and not shared.
2. In the case of dwellings subject to horizontal property law their tourist use will require in every case authorization of the community of owners.
3. Dwellings for tourist use require the corresponding prior declaration to the Cabildo and subsequent inscription in the Canaries’ General Tourism Register.
4. A document stating at least the name of the owner of the dwelling, the General Tourism Register registration number, the number of people who will be occupying the property, the total price of the stay, and arrival and departure dates will be given to users of dwellings for tourist use at the time the contract is made. This document will be signed by the user and will have probative value for administrative purposes – the owner must keep a copy available for the disposition of the relevant authorities for the period of one year, the document having contractual value for tourism purposes.
Article 5. Prohibitions.
1. The following are prohibited in all circumstances to clients:
a) Accommodate a greater number of people than the capacity of the dwelling allows for its definition on the cedula.
b) Use for purposes other than those for which it was rented.
c) Carry out any activity which prejudices neighbourly relations, hygiene and normal public order, or which hinders the normal rest of other users of the property.
2. Failure to comply with these rules will authorize the owners or their agents to proceed to the eviction of the offenders.
Article 6. Identification of dwellings for tourist use.
Dwellings for tourist use will exhibit at their entrance, in a visible place, a plaque showing their registration number. Format and characteristics for the plaque as per Annex I below.
Article 7. Information and Publicity
1. Advertising, supply and management of dwellings for tourist use will meet the requirements of accuracy, objectivity and good faith, providing users with sufficient information about those services which have been contracted, their characteristics and conditions of use, completely without prejudice to the provisions of existing rules about advertising and consumer rights.
2. Tourist accommodation exploitation businesses must include, in all publicity regardless of media, the registration number allotted to them.
3. Each dwelling will have an information sign in a visible place containing a permanently available phone number where clients can resolve any issues relating to the accommodation, as well as numbers and addresses for emergency and health services. These signs will be in Spanish and English at least.
4. Before confirmation of the reservation, users will be told about access to the dwelling, arrival and departure times, admission of pets, reservations system and prices of services offered.
5. The prohibitions set out n Article 5 must be announced inside the dwelling in a place where they are readily visible, in Spanish and English at least, and must be brought to the attention of clients, either before or at the time the contract is agreed.
Article 8. Conditions of use and safety requirements
1. All dwellings for tourist use must comply with current regulations regarding habitability and safety for residential use, with structures and facilities being maintained in appropriate condition.
2. Dwellings for tourist use must be provided in perfectly clean and hygenic condition for immediate use.
3. Owners or agents must provide the police with information about the occupants’ stay as per public safety regulations applicable to those who provide paid accommodation.
4. All dwellings for tourist use must have public liability insurance.
Article 9. Technical Requirements
1. The design and dimensions of the dwelling will allow adequate provision of furniture, facilities and equipment for resting, dressing, bathing, eating, relaxing, working or studying, as well as storage space and access to telecommunications services.
2. All parts of tourist use dwellings must be equipped with furniture, cutlery, household items, linen and equipment appropriate for the number of occupants.
3. Minimum dimensions and calculation of usable square metreage must be as per Decree 117/2006, 1 August by which conditions of dwelling habitability are regulated.
Article 10. Minimum Equipment
Regardless of the minimum equipment set out in Decree 117/2006, 1 August, tourist dwellings must have the following minimum equipment:
1. General equipment –
a) furniture appropriate to each room
b) internal security door at access points
c) first aid kit.
a) reading lights for each bed
b) light reduction system in each bedroom
c) coat hangers of the same style and which will retain their shape sufficient for the number of users
d) double or single beds of the following minimum dimensions:
– single : 0.90 mx 1.90 m
– double: 1.35 x 1.90 m
e) minimum equipment and sufficient bedding per user:
– mattress Protector
– sheets or similar
If the accommodation is let for more than one week, a separate set of bedding per user must be provided for each week or part thereof.
2. Bathroom :
– Toilet roll holder
– Shelf for bathing items if there is no basin surround or similar
– Sufficient towel rails, hangers or racks
– Water egress prevention system in bath or shower
– Bath towels per user
– Hand towel per user
If the accommodation is let for more than one week, a separate set of towels per user must be provided for each week or part thereof.
– crockery, cutlery and glassware sufficient for the number of users
– Sufficient items and linen for food preparation and consumption
– cleaning equipment
– coffee maker
Article 11. Prices
1. All dwellings for tourist use must show in a visible place and easily readable a price list stating at least the date on which the prices charged were advertised or announced publicly. Prices must include IGIC.
2.Prices charged may not exceed those indicated in the price lists, nor may any charges be imposed for anything that was not requested or offered.
CHAPTER III: PROCEDURE FOR INITIATING LETTING
Article 12. Declaration of starting letting
1. Owners or agents must notify the Cabildo in advance of any modification or alteration of a dwelling for tourist use, providing evidence of compliance with the terms of this Decree, confirming that they have accredited documentation, and agree to remain compliant during the period in which they are letting.
2. The declaration will contain, at least, the following:
a) cédula de habitabilidad
b) details of the owner and any agent, and where there is an agent, confirmation that the agent has authorization from the owner to manage the property
c) permanently available contact telephone number for any communication about the letting activity
3. Once the declaration is submitted, the Cabildo will inscribe the information within 15 working days, and provide the complaints book, the plaque, and the inspection book.
Article 13. Amendments and incidents while carrying out letting
The Cabildo must be advised of any alteration or modification of the details supplied within thirty days of said changes so that registry entries can be amended. The notification will be made via the ayuntamientos local to the property, and the relevant tributary authority.
Article 14. Termination of activity
1. Owners or agents must advise the Cabildo of any definitive cessation of tourist letting within thirty days, surrendering the complaint and inspection books.
2. The cessation of activity can be declared personally with attesting documentation by owners or their agents.
3. If cessation is temporary but more than four months, the Cabildo must be informed within the same timescale, adding the date of resumption within 10 days from the time it occurs.
4. The communications defined in 1 and 3 of this article can be made by any legal medium.
5. Cessation will be recorded in the general tourism register.
CHAPTER VI: COMPLAINTS, INSPECTION AND SANCTION SYSTEM
Article 15. Complaints
1. Official complaints books will be available to users at all times.
2. In the case of claims concerning prices, users will be supplied with a copy of the price list as well as the complaint forms. This copy should coincide with the list valid at the point of contract, and should be signed by the owner or agent – it must also note the date it was supplied.
Article 16. Inspection and Penalties
1. Failure to comply with any of the equirements and provisions of this Decree shall be communicated to the tourist inspectorate in respect of título VI of Law 7/1995, 6 April without prejudice to the provisions of article 71.4 of Law 30/92, 26 November introduced by Law 25 / 2009 of 22 December.
2. Likewise, other administrative bodies can impose penalties if their own rules are violated.
3. Owners or their agents will be legally liable for tourism infractions.
4. Under no circumstances will the owner of the dwelling be able to allege that a dwelling for tourist use is an habitual residence so as to avoid inspections.
Annexe: registration plaque