Differences between a Tourist Apartment and a Home for Tourist Use

2 de April de 2020

Renting a home during a long weekend, or on vacation, is an increasingly popular option, especially with the boom of the various accommodation platforms and portals based on the collaborative economy. But if we do not go to the conventional hotel sector, renting a tourist apartment is not the same as renting a home for tourist use.

Since the latest modification of the Urban Leasing Law (LAU), the legal competence to regulate the temporary transfer of homes equipped for tourist use (vacation rental) is the responsibility of the autonomous communities. And each autonomous community incorporates its own particularities and requirements to the tourism sector.

Contenido

1 What is a home for tourist use?
2 When is a tourist apartment considered?
3 License for home for tourist use
4 License for Tourist Apartment
5 Summary of differences between tourist apartment and home for tourist use

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What is a home for tourist use?

A home for tourist use (VUT) is an independent home owned by a private individual, who rents it intermittently and non-professionally. It can be contracted in full, the entire property, or by rooms, and it is not necessary for the owner to expressly reside in the house.

In a home for tourist use, only the accommodation service is provided for a price, not other services such as laundry or breakfast. It is usually rented by days, not for long periods.

When is a tourist apartment considered?

A tourist apartment is considered as such when the owner of the property is not a private individual, but a company that assumes all management. As a company, the operation of the tourist apartment is a business activity, similar to that of a hotel, a hostel or a guest house, and the law requires it to have an activity license.

Tourist apartments are integrated in blocks, or entire buildings, where all provide the same temporary accommodation service. That is, a block of flats cannot be made up of several tourist apartments and a few private homes at the same time.

License for home for tourist use

For a home for tourist use, an occupancy license, or a certificate of habitability, is required, which guarantees the healthiness and minimum hygiene conditions for the property. The main legal requirement for a home for tourist use is that it complies with the conditions of habitability.

In addition to the legal documentation, tourist homes must have air conditioning in all the rooms that are rented, a first-aid kit, an entry register, communicate with the police and register in the corresponding register of homes for tourist use that the autonomous community has enabled.

License for Tourist Apartment

For legal purposes, a tourist apartment is a business like that of any other company. An activity license approved by the City Council is required through a responsible declaration, to have a company incorporated as a company or be registered as self-employed, and comply with the various periodic tax obligations.

A tourist apartment must also meet stricter requirements than a private home intended for tourist use, such as having separate bathrooms, minimum room sizes, a kitchen, utensils (cutlery and kitchen utensils), dishwashers...

Summary of differences between tourist apartment and home for tourist use

Although both the tourist apartment and the home for tourist use are used for the same thing, for tourist rental, there are many differences:

While the home for tourist use is owned by a natural person, an individual, the tourist apartment is owned by a company, a legally constituted company, or a self-employed person.
While the home for tourist use requires an occupancy license, or certificate of habitability, as the main legal requirement, the tourist apartment needs an activity license, like any other company in the accommodation sector, much more demanding.
While for a home for tourist use its main use is residential, and its tourist rental is something temporary and occasional, on the other hand a tourist apartment is expressly intended for vacation rental, it cannot be used for residential use.
Tourist apartments assume the cleaning services of the rooms, with a minimum weekly frequency. On the other hand, in homes for tourist use the cleaning of the rooms, or of the entire property, must be assumed by the tenant, the client.