Basque Country Regulations for Holiday Lettings
New regulations have recently come into force (Decreto 101/2018, 3 July 2018) which control the use of residential property and individual rooms within those properties for tourist purposes.

Apart from the general Basque Country rules, there are special council regulations such as Bilbao or San Sebastián

The new rules are a response to a change in the market caused by modern methods of renting property via internet platforms, and effectively state that renting private accommodation to tourists is a business activity and therefore subject to the corresponding regulations.
So, as with all tourist businesses, it is necessary to make a declaration of responsibility (stating that all regulations have been complied with) and to be registered in the Basque Country Register of tourist businesses and activities.
The aim is to not only safeguard the person renting the accommodation, therefore the property must comply with specific conditions, but also to guarantee the rights of neighbouring residents. If the building is owned jointly, the owners of the flats can decide to prohibit or limit the use of a property for holiday letting. This limitation had to be stated in the “estatutos” the statutes of the community, modification of which can only be agreed by a unanimous vote of all the owners. Notwithstanding this, since the 6 March 2019 there is a new provision which has entered into force in the “Ley de Propiedad Horizontal” which states a majority vote of 3/5 of the total number of owners that represent at least 3/5 of the total percentage of quotas in the shared ownership can limit or set conditions on the activity of holiday rentals in a flat. The same majority can set a different share in the common costs for the holiday flat or impose an increase in the current community fees of up to no more than 20%. This provision is only for owners´agreements that are made after the law came into force on 6 March 2019 so it does not affect any activity that was legally carried out before that date.
The Basque Country regulation would be applied to any rental that is offered through digital channels or other conventional tourist agencies. It distinguishes between “vivienda de uso turistico” which is designated as the offering of a complete house and “alojamiento en habitación de vivienda particular para uso turistico” designated as a room within a house. In the latter case only one person can run the business and must be registered at the town hall and must live in the same house.
The activity can be started immediately once the declaration of responsibility has been presented accompanied by photos of the façade and interior, and a scaled plan drawn up by a suitably qualified person showing the area, distribution of rooms and maximum capacity. The Basque authority will ask the corresponding local council about the suitability of the building as a rental property.
The declaration of responsibility must state the name of the person legally responsible for undertaking the letting activity, their ID number, the commercial name of the property, if appropriate, and the location and Land Registry reference number.
It must also confirm the following:
a) To have the right to enjoy or manage the property, and if they are not the owner to have informed the owner about the letting
b) That the business complies with the municipal regulations for urban uses of buildings
c) To comply with environmental requirements
d) To comply with the conditions and provisions of the new Decreto 101/2018, 3 July 2018
e) To comply with the rules of the “Ley de Propiedad Horizontal”
f) To have public liability insurance
g) If the letting is to be by the room, that the owner of the business lives in the same property and is registered as resident at the local town hall
h) To be registered for tax
i) To comply with health and safety regulations

Maximum occupancy of a house including existing residents if any, is
• At least 25m² for one person
• At least 33m² for two people
• At least 15m² per person for 3 or more people
In any case, there is a maximum capacity of 8, including existing residents.
The house must be in a condition for immediate occupancy, clean and well-maintained. Immediate occupancy indicates the property must:
• Have electricity
• Have drinkable hot and cold running water
• Have heating in bedrooms, bathrooms, living room and dining room
• Be fully furnished
• Be fully equipped with bedding, kitchen equipment etc
Health and safety regulations also require:
• An emergency exit plan
• Fire extinguishers
• First aid kit
• Information with phone numbers of emergency services

Entire properties to let must have at least one bathroom, a kitchen and a space to sleep i.e. a bedroom or a living room adapted for this purpose.
Accommodation to let by the room as well as a kitchen and a bathroom, must have at least two bedrooms, one for the use of the guest and one reserved for the owner. The living room may not be used as a bedroom to let.
Bedrooms, or living rooms assigned as bedrooms must have natural light and ventilation – directly to the exterior of the building or onto a patio with ventilation, and they must have a door to ensure privacy.
Both accommodation to let as a whole apartment and accommodation by the room must have at least one bathroom per 4 guests. If the bathroom is en suite it will be assumed to be only available for the use of guests in that room and therefore another is necessary for the other guests.