NB: These translations are for general guidance only. Rules can change and can be affected by other regional and municipal rules. It is important that you take individual legal advice before committing to a purchase.

Andalucia:

 The key provisions of Decree 28/2016, dated February 2, regulating the use of homes for tourism purposes and modifying Decree 194/2010, dated April 20, on tourist apartment establishments in Andalusia.The Original Decree in Spanish can be found at: https://www.juntadeandalucia.es/boja/2016/28/6

Introduction:

This decree aims to regulate homes used for tourism purposes as a tourist accommodation service, in accordance with Article 28.1.a) of Law 13/2011, dated December 23, on Tourism in Andalusia.

The need for this regulation arises from various factors:

1. Public safety concerns, as outlined in Organic Law 4/2015 on the protection of citizen security.

2. Protection of users of tourism services, ensuring their rights and guaranteeing comfort and safety.

3. Protection of the environment and urban surroundings, considering the impact of tourist accommodation on the local community and neighbourhood.

4. The need for a census of homes used for tourist purposes in Andalusia to prevent clandestine activity and unfair competition.

Key provisions:

Scope of application (Article 1): The decree applies to homes located in residential areas offered as tourist accommodation for a price, habitually and for tourism purposes, within Andalusia.

The following homes are excluded from theses regulation are:

a) Homes loaned without financial consideration for vacation or tourism.

b) Homes contracted for over 2 continuous months by the same person.

c) Rural homes used for tourist accommodation.

d) Groups of 3 or more homes belonging to the same owner located in the same or adjoining buildings.

Types of homes covered by these regulations (Article 5):

a) Complete homes: Rented in their entirety.

b) Rooms: Owner must reside in the home. Internationally recognized terms may be used.

Maximum capacity is limited by the occupancy licence, with complete homes not exceeding 15 guests and rooms not exceeding 6 guests in total and 4 guests per room.

Requirements (Article 6): Homes must have:

a) Habitation Certificate and meet required technical and quality conditions of the certificate

b) Rooms with direct ventilation to the exterior or courtyards and a darkening system (eg Blinds or Curtains).

c) Sufficient furnishings and equipment for immediate use based on capacity.

d) Air conditioning from May-Sept and heating from Oct-April.e) First-aid kit. 

f) Tourist information on the area. 

g) Complaints forms available to users.

h) Cleaning between guests. 

i) Linens and household items based on occupancy. 

j) Phone number for immediate assistance with any issues. 

k) Information and instructions on use of appliances. 

l) Information on facility rules and pet, smoking and restricted area policies.

Formal contract and access to the home (Article 7): A contract-like document must be provided to guests with key information. Guests must present ID to complete the entry log. A signed copy serves as an administrative record.

Price and reservations (Article 8): Per-night pricing must include utilities, cleaning, linens, etc. Reservation and cancellation policies must be agreed to prior to contracting. In the absence of a pact, deposits of up to 30% may be required. Cancellation terms are provided for both guests and owners.

Registration (Article 9): Before providing accommodations, homes must be registered with the Tourism Registry of Andalusia via a sworn statement of compliance. Modifications must be reported. The registration number must be included in all advertising. 

Inspection and Sanctions (Article 10-11):Owners must comply with all requirements and facilitate inspections. Clandestine activity without proper registration is considered a serious infraction.

Comunidad Valenciana:

Decree 92/2009 regulates tourist dwellings (viviendas turísticas) such as apartments, villas, chalets, bungalows and similar accommodations in the Valencian Community that are regularly rented out to tourists on a short-term basis for vacation or leisure purposes.

Key definitions:

1. Tourist dwellings are properties rented short-term to tourists, regularly and in conditions of immediate availability, for vacation/leisure purposes

2. Regularity is presumed when: managed by rental companies, provide hotel-like services, or use tourism marketing channels

3. Tourist dwelling management companies are legal entities or individuals whose professional activity involves renting 5+ tourist dwellings

Exclusions:

1. Seasonal rentals under the Urban Leasing Act

2. Timeshare properties

3. Hotel-apartments

4. Cabins, bungalows and mobile homes in camping resorts

5. Owners renting a single dwelling directly (without using marketing channels) are exempt from registration however the rest of the rules apply 

Owner obligations:

1. Maintain dwellings in perfect condition according to category

2. Ensure dwellings are adequately furnished and equipped

3. Provide cleaning, linens, repairs and maintenance as per rental contract

4. Register with the Tourist Dwellings Registry (exempt if renting a single dwelling directly)

5. Display registration number on all advertising

6. State non-registered status if exempt from registering a single dwelling

7. Allow inspections by tourism authorities

Dwelling categories and requirements:

1. Standard, First and Superior categories

2. Requirements specified for facilities, services, room sizes, kitchen equipment, etc

.

Management companies:

1. Register with the Tourism Registry, providing company details and managed properties

2. Have an office open to the public

3. Formal agreement and liability if not the property owner

Prices and deposits:

1. Pricing rules per Decree 19/1997

2. Check-in from 5pm on arrival day, check-out by 10am on departure day unless otherwise agreed

3. Price includes utilities, cleaning, linens and use of common facilities

4. May charge a damage deposit up to €250

5. Pricing and reservation policies must be disclosed

Guest requirements:

1. May not exceed registered occupancy

2. May not sublease the dwelling

3. Must follow community rules and not disturb other residents

In summary, owners wishing to rent out holiday properties in Valencia must maintain them to the required standards for their category, register them as tourist dwellings (with some exceptions), use the registration number in advertisements, provide essential services and allow inspections. Management companies have additional registration and contractual obligations. Following these requirements will ensure regulatory compliance.