The Community of Madrid has its own decree to regulate tourist housing in Madrid. However, be aware that while the Community of Madrid has regulations, the Madrid City Council does not currently have legislation on this matter and does not officially recognize tourist housing in Madrid. We have spoken with the Madrid City Council to gather information on this topic, and for now, they are not regulating these properties as other cities like Barcelona do. However, in the future, the City Council may address this issue.
At The Charming Concept we aim to provide you with all the information you need to register your tourist apartment with the Community of Madrid.
To legally rent your property for vacation purposes in Madrid, you must meet the following requirements:
1.- CERTIFICATE OF HABITABILITY
Surprisingly, this is the most challenging requirement to obtain, and here’s why.
The Certificate of Habitability is a document that certifies the habitability of an older property (previously occupied). It is issued by the Department of Transport, Housing, and Infrastructure of the Community of Madrid.
It is common for a property to be registered in the land registry and deeds as a residential property. However, this alone is not sufficient to obtain the Certificate of Habitability. If you own an older or even relatively new property in Madrid and want to apply for a tourist license for your apartment, this is the first and most crucial step.
The minimum habitability conditions that properties must meet are specified in the General Urban Planning Plan of each municipality and in the still-valid Order of February 29, 1944, which outlines the minimum conditions required for housing (BOE March 1).
This 1944 Order remains in force and is stricter than many might expect regarding room dimensions, window sizes, ventilation, etc. We recommend reading it carefully and consulting an expert if you have any questions. If you hire our Comprehensive Management Service, we can assist you.
If you are planning to renovate your apartment, we also recommend familiarizing yourself with this law before starting renovations. In many cases, it will dictate how you should approach your renovation project. It’s better to know beforehand how to comply with the law before beginning construction. Remember that if you fail to obtain the Certificate of Habitability, you will not be able to apply for your tourist apartment license.
2.- PROPERTY COMPOSITION
Tourist housing must consist of at least a living-dining room, kitchen, bedroom, and bathroom. They may be referred to as “studios” when the bedroom is integrated into the living-dining-kitchen area and accommodates a maximum of two guests in convertible beds.
3.- FLOOR PLAN OF THE PROPERTY
When submitting all documentation to apply for your tourist housing license, you will need a floor plan signed by an architect or certified technical architect. You can use the same floor plan submitted when applying for the Certificate of Habitability.
4.- EMERGENCY PHONE NUMBER
You must provide your guests with a phone number for any incidents that may occur in your apartment so they can be resolved immediately.
5.- EQUIPMENT AND WIFI
Tourist housing must be rented furnished, equipped, and ready for immediate use. It must also have internet access via WiFi—this is one aspect that the Community of Madrid may verify during inspections.
6.- OPEN ACCESS
Tourist housing properties are considered public establishments and must allow open access without restrictions based on birth, race, gender, religion, opinion, or other personal or social circumstances.
7.- YOU CANNOT BE REGISTERED IN A TOURIST HOUSING PROPERTY
Tourist housing must be used exclusively for its intended purpose. Therefore, no one can be registered as a resident in such properties nor offer long-term rental contracts. Renting out your property long-term while conducting vacation rentals would result in losing your license.
8.- DISPLAYED PRICES
The prices for all services offered must be displayed in a visible location at the entrance of each tourist housing property. Accommodation prices must include utilities such as water, energy, climate control, bed and bath linens usage, and room cleaning services.
9.- IDENTIFICATION PLAQUE
Once you obtain your tourist housing license, you must place an identification plaque on the door. Be mindful of this requirement—some owners overlook it. However, the Community of Madrid has informed us that fines are being issued to properties without this plaque installed.