A necessary change in the regulation of tourist apartments
The Community of Madrid has taken a significant step towards regulating the tourist sector with the implementation of a new decree affecting tourist apartments and homes (VUT). This regulation, published on 6 April, aims to bring order to a market that has grown excessively and has generated conflicts between owners and neighbours.
Among the main modifications, what constitutes a tourist home is redefined. According to the new regulation, these properties cannot be considered as a habitual residence, which is seen as a crucial measure to eradicate the so-called pseudo-tourist apartments, which have caused problems in various communities. Lawyer Patricia Briones, technical secretary of the College of Property Administrators of Madrid (CAFMadrid), emphasizes that this regulation is a step forward towards legal security in the sector.
An important new feature is that owners must now obtain the express authorization of their community to allocate their homes for tourist rental. This agreement must be approved by at least three-fifths of the members, ensuring greater transparency and consensus among neighbours. The president of CAFMadrid, Manuela Julia Martínez Torres, states that this measure puts an end to the ongoing conflicts between owners and residents.
The new decree also modifies who must submit the responsible declaration to operate as a VUT. Now, this responsibility falls on the service holder and not necessarily on the owner, thus correcting a previously annulled obligation by the courts. Additionally, any competent technician is allowed to issue the suitability certificate (CIVUT), thus facilitating the process for those wishing to operate legally.
The new regulations include additional requirements to ensure peace in the affected communities. It is required to demonstrate that there are no statutory prohibitions on tourist activities and to have community approval before starting any tourist operation. These measures are seen as a relief by CAFMadrid, as they seek to protect permanent residents.
Despite the growth observed in this sector over past years, recent data from the National Institute of Statistics (INE) indicates a significant decrease in the total number of registered VUTs in Madrid. It is currently estimated that there are approximately 15,309 tourist homes, which represents only 0.52% of the total available homes in the region.
As these new regulations come into effect, a significant restructuring within the Madrid real estate market related to tourism is expected. Regional authorities are confident that these measures will not only better regulate this type of accommodation but also help improve relations between tourists and local residents.
You may also like
