20 Nov Do you know the possible consequences of letting a tourism apartment in Barcelona without a license?

If you’ve ever thought about letting a tourism apartment in Barcelona without having a license to do so, you definitely don’t know enough about the sanctions you may face. It’s true that when you have an empty apartment or if you’re going to be away from your home for a long period of time, earning revenue from letting your apartment can be a good business. But our advice at Lodging Management, with our years of experience in the management of tourism apartments in Barcelona, is that you need to be very clear on the laws and regulations that are currently in effect. If you’re not interested in traditional rental contracts or monthly rentals, you must have a tourism license from the Barcelona government if you want to rent out your apartment. If not, you can end up committing a serious infraction that can incur fines of up to €600,000.

Tourism rentals in Barcelona: legal or not?

To avoid the negative consequences of letting a tourism apartment in Barcelona without a license, the common requirement throughout all of Spain is that you must declare your rental income to Hacienda. But apartment rentals are also regulated by the individual Autonomous Communities, and in Catalonia you must abide by Decree 159/2012. This regulation defines a tourism residence as one that is repeatedly turned over by the owner to third parties for periods of less than 32 days, in exchange for a sum of money. In order to let the apartment, the owner must communicate with his city or town government, which can decide to include the apartment (or not) in the Tourism Registry of the Tourism Department of Catalonia, and issue the appropriate license.

Tourism residences are considered illegal if they have not declared their activity to the government before commencing said activity and if they are not registered in the official Tourism Registry. They are also illegal if they are prohibited by the municipal use ordinances, the statutes of the residential community, or the deed of the property registered in the Property Registry.

If you want to let a tourism apartment in Barcelona and you haven’t yet carried out all the procedures we’ve just mentioned, you should know that your property also needs to have a Cedula de Habitabilidad, conform with the technical and quality standards required, and be in a state that allows for its immediate use. If you comply with these requirements, you can apply for a review by the Government of Barcelona to get the proper authorization and let it as a tourism apartment. Barring that, Catalonia Tourism Law 13/2002 can fine you between €60,000 and €600,001 for letting tourism apartments without a license, and temporarily or permanently shut down your activity. You can also end up in court.

How does the Government of Barcelona enforce its regulations for tourism apartments without a license?

Barcelona’s government has a large team of inspectors and observers whose job is to guarantee compliance with the regulations. The observers are a group of agents who search the various internet platforms for ads for apartments without licenses and then they visit the area the apartment is in to see the conditions in which it is being let. Meanwhile, the inspectors, who number more than 100 this year, literally comb the streets, looking for these illegal apartments. Ada Colau’s government has closed more than 1,000 apartments in the last few months alone.

In addition to shutting down these tourism apartments without licenses, the Barcelona government agencies also submit a list to Airbnb of users they have identified as possible offenders so that their ads will be removed from the platform. The pressure has risen sufficiently that the California company now not only removes these ads but has also begun taking preventative measures. New hosts will now have to indicate, before letting their apartments, whether their property has to be registered according to local law, as well as giving their consent for data like their name, address, and DNI to be shared with the Government of Barcelona and other local and regional authorities. Airbnb also cites, for each case, the local tourism regulations that are applicable, in order to verify that the accommodation complies with these laws and they can continue collaborating with local government.

Do you have more questions about the risks of letting a tourism apartment in Barcelona without a license? We’ve all the answers you need at Lodging Management, and we use our ample experience in the management of tourism apartments to find the best solution for your business. Don’t forget, having a tourism license isn’t the only way to gain income from your empty apartment! There are also some great opportunities in seasonal or monthly rentals. Contact us for more information!