In Cantabria the Decreto 82/2010 Rules the ” Alojamiento extra-hotelero”
that are professional lettings to tourists for properties other than hotels, youth hostels, campsites, guest houses and so on.
Professional is defined as to let a property on a regular basis, ( at least once a year) for tourist purposes ( not as a residence) through the usual channels ( travel agencies, internet)
The various categories are
a) Flats ( separate living room and bedrooms)
b) Studios ( combined living room and bedroom and/or kitchen, separate bathroom, maximum two people)
Both being part of a building with more units either flats or studios, tourist or not.
c) Chalets
d) Bungalows.
Both are independent houses. Bungalows consist of a single ground floor and chalets can have more than one floor and be surrounded by a garden.
Apart from studios, there is no limit on the capacity of the accommodation
There are four ratings depending on the services provided which are designated from four to one key.
Common requirements are to have complete access for disabled people, fire safety, sound proofing, air/conditioning or heating, depending on the category, a lift even for single key apartments in buildings which have two floors. Parking for up to 35% of the units to be let in the same building or within 100 metres from it ( for four keys apartments)
The rooms must be at least 2.5 metres high. If there is a sloping roof at least 60% of it must reach that height. With a 1.2 metre window to the outside or to a patio no smaller than 4×4 m. ( For sloping roofs the window must be a dormer window and not skylight)
All these requirements can be dispensed with if the building has some historic, cultural or artistic value.
There is a proceeding, before starting work or any activity, which requires the Cantabria Tourist administration to inform the owner in which category their property would be included and if some of the requirements could be dispensed with.
To start letting a “declaración responsable” from the owner is required and the application form is included in the regulations . Also an insurance policy to cover any guest’s damage for an amount of 175.000 €.
The tourist administration will be able to inspect the activity.
A council licence is also required, not only for the building work but also for the start of the business. The requirements for that are established by each council . However, many of them are unpublished. You can expect from all of them to ask for plans, photographs, Land Registry and cadastral records, title deeds, technical certificates about access, fire safety, service supplier, etc.
If , at the time of purchase, the letting activity was already in progress, the buyer must notify the Cantabrian Tourist Authority of change of ownership if the activity is to be continued or the end of the activity.
The letting activity as with all other economic activities must be registered in the council tax administration . The property will need to comply with safety regulations and the responsible person must notify the police or Guardia Civil of the identity of the guests
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