Many have asked us about the new DECREE 75/2020, of August 4, on tourism in Catalonia, approved on August 4, 2020. The main queries they have made us are about (shared homes) reflected as "accommodation that is the main home of the owner and that he shares as an accommodation service with third parties, specifically with a maximum of four users for stays of 31 days or less. The owner must reside and share the home with the tourists for the duration of the stay ".
A period of one year was established for the town councils to be able to assume this type of tourist accommodation, although on August 24, 2020 the Barcelona City Council suspends the licenses for “llars shared”, informs the text published in the BOP that " this suspension is made in order to proceed to the studies prior to the processing of a planning for the regulation of the implementation of this activity ".
Here you can read the summary of the articles and requirements referred to in the Tourism Decree 75/2020 that can be applied in the rest of the towns in Catalonia.
Title IV
Shared home
Article 241-1
Definition and scope of application
-1 The tourist accommodation that is the main home and effective residence of the owner and that is shared as an accommodation service with third parties in exchange for economic consideration and for a seasonal stay is considered a shared home. The owner must reside in the home for the duration of the stay.
-2 Seasonal stay is considered to be any occupation of the home for a continuous period of time equal to or less than 31 days.
-3 You will not be able to share a dwelling that is not duly authorized. In the event that the person who owns a property has knowledge of any clandestine activity, he has the duty to notify the competent Administration, as well as to take the corresponding civil actions aimed at the effective cessation of tourist activity.
-4 The destination of a shared home must be compatible with the regulation of the uses of the sector where it is located and with the civil regulations that apply to it.
Article 241-2
Owner of the activity
The person who owns the activity is the owner or the person who expressly authorizes it, as long as they meet the same registration and effective residence conditions required of the owners.
Article 241-3
Minimum requirements
-1 The homes must be shared in conditions of immediate availability, they must be sufficiently furnished and equipped with the necessary appliances and utensils in order to provide a correct accommodation service in relation to all the places they have, all in perfect condition hygiene.
-2 Households cannot be occupied with more places than those indicated in the habitability certificate and, in any case, the maximum capacity of places for tourist users is 4 in total.
-3 Users stay in rooms, their private use must be guaranteed and be independent by means of a door. It is not possible to assign living rooms to bedrooms.
-4 Households must display in a visible and easily identifiable place for the users the NIRTC communication and the maximum capacity of users admitted. They must also state the NIRTC in their advertising.
Households that still do not have the NIRTC, temporarily, will supplement its display with the communication of the provisional number referred to in article 121-1.2 of this Decree.