Legal Framework

In Leeways we make sure that all the accommodations that we manage comply with the regulations of tourist housing.

The tourist apartments and the houses of tourist use of the Community of Madrid are regulated in the Decree 79/2014, July 10th, of the Council of Government.

The Urban Leasing Law does not apply to this type of activity, since the Law itself excludes from its scope the temporary assignment of the use of the whole of a house, furnished and equipped in conditions of immediate use, commercialized or promoted in channels of tourist offer and made for profit (article 5 e) LAU).

What are the requirements and conditions that “tourist housing” must meet?

The Decree 79/2014 defines the houses of tourist use as “those flats, apartments or houses that, furnished and equipped in conditions of immediate use, are marketed and promoted in channels of tourist offer, to be ceded in full, by its owner to third parties, for purposes of tourist accommodation and in exchange for a price “.

Fundamentally, you must present a responsible statement of activity start and have a certificate of habitability or first occupation license, as appropriate. You must also have a plan of the house signed by a competent technician, approved by the Official College of Architects of Madrid (OCAM).

In addition, the houses will be hired furnished, must have Internet Wifi, and cannot be used as a permanent residence, being excluded any other use than tourism.

Can the Community of Owners prohibit the activity?

If in the statutes of the community the existence of this type of housing is not prohibited, there is no impediment to exploit their property as such. However, it must be carried out in such a way that the activity is not annoying or harmful to the farm (Article 7.2 Law on Horizontal Property).

If the community wishes to prohibit housing for tourist use, it must be put to a vote, reach the unanimity of all the owners and transfer said agreement to the statutes (Article 17.6 LPH).

What regulations regulate the activity of the Community of Madrid?

DECREE 79/2014, of July 10, of the Council of Government, by which the tourist apartments and the houses of tourist use of the Community of Madrid are regulated.

See PDF

Additionally:

  • Law 29/1994, of November 24, on Urban Leases.

See PDF

  • Law 49/1960, of July 21, on horizontal property.

See PDF

Exclusion of responsibility

All information provided by Leeways through this website is a merely informative summary of the regulation applicable to this type of activity.

Leeways assumes no responsibility for the use of the same third parties; nor of the veracity, accuracy, and timeliness of the information.