Regional tourism laws are those that have been regulating vacation rentals for decades. But the Supreme Court, after the resolution of two cases that arose in Oviedo and Donostia, confirms that this type of leasing is considered an economic activity and that, in addition, it can be limited by the horizontal property regime, the constitutive title of the Community. or by its statutes.
Specifically, in the case of Oviedo, the Court admits the statutory prohibition “according to which in the apartments independent of the building – housing – no professional, business, commercial or commercial activities of any kind may be carried out, reserving their use to that of a exclusively residential.”
The same concludes about Donostia, where the rules drawn up by the promoter prohibited the carrying out of any economic activity unless the subcommunity itself authorized it unanimously.
Owners who, in order to obtain a greater profitability of the home, choose to rent their apartments on a vacation basis, must first examine the community rules to make sure that such a veto does not exist.
Vacation or tourist rentals are distinguished from other modalities because they cannot exceed 31 days and because, in some regions, a municipal license is necessary to carry them out. In the month of October alone, more than 10 million overnight stays have been registered in non-hotel tourist accommodation in Spain, according to INE data, which indicates that a great weight of tourism lies in this type of apartments.
Lease contracts ranging from 32 days to 11 months are considered temporary rentals, the legal regime of which is included in leases for use other than housing, by the Urban Leases Law. In this case, the owner and tenant agree on the conditions of the contract between them, which is why many owners are opting for this modality to weather caps on rent increases or other measures.
However, renting a primary residence is the one that experts recommend the most. Not only because it requires less dedication on the part of the owner, but also because 60% of the rental income can be deducted in the personal income tax return. This makes it, in the end, often more profitable than any other modality.
In communities of owners where the use of the properties is mainly residential, renting other than for living encourages real estate speculation and the gentrification of neighborhoods, which contributes to the increase in rental prices.
