Conditions for opening bed and breakfast in Spain
Requirements to establish a business as “Casa Rural “in Valencia region is regulated in 2 laws:
This normative expressly regulates the requirements to open a business of “Casa Rural” in Valencia Region. Also, this law regulates also “Accommodation tents at particular houses”, and “Albergue Rural”. So, in a Casa Rural it is allowed not only the use of accommodation inside the building, also accommodation in tents outdoor, with a maximum of 16 guests.
“Rural” means “countryside”. So the concept of “what is a Casa Rural?” may be defined as a house in the countryside, in areas of the interior of the region, which has special conditions for guesting and rent for tourism to develop “rural tourism” in the area.
Thus, a “Casa Rural” must be established out of the Coast. In the countryside. Following the law, a Village or Town bordering with the Coast cannot approve “Casa Rural” activity. This activity on coast areas will be considered as “Touristic apartments”.
The villa or town must have some kind of “rural” attraction as forest, agricultural, scope, etc.
Which kind of service may be done at the “Casa Rural”?: The activity of “Casa Rural” passes to rent for very small periods of time. So, users of the Casa Rural will be considered as “guests”, but not as “tenants”.
And the way of using the property may be:
– Renting the whole house
– Renting some parts of the house in separate rooms or apartments. In these cases, owners may live at the house, renting the part not used.
Service may be only accommodation, or food service. In this last case, the owners must have the proper food license (as Spanish food manipulation exam and license), Health and Security for food, etc, as per a restaurant.
Also, sometimes room and cloth cleaning is offered.
REQUIREMENTS FOR A CASA RURAL:
– 2 floors high as maximum
– Maximum 16 guests
– It must be built in a “traditional way”. Modern houses or villas being built out of the historical and traditional way of the area will not be accepted. Each Town Hall must determinate what is the “traditional way of construction” in the local area. So, in order to know of your house is a traditional one, you need to ask to the local Town Hall where the property is placed.
– It can be classified from “one” to “five” stars, depending of its quality.
– General requirements:
- A) Guaranteed water supply and energy supply.
- B) Supply of water suitable for human consumption.
- C) Authorized disposal systems for solid waste and waste water (legal septic tank, depuration system, etc from water residues).
- D) Availability of telephone communication, when not in the premises.
- E) First aid medical equipment.
- F) Measures of protection, prevention and extinction of fires, according to the established in the current legislation in the matter.
- G) Information on pharmacy services, financial entities and tourism resources in the area in which they are located.
- H) Heating in rooms, bathrooms and common areas.
- I) If placed in forest environments or adjacent to them and not attached to an urban area, shall have an area of defence against the risk of forest fires, fire points prepared and authorized, and information to the users on measures of prevention of forest fires and action in case of emergency by forest fire.
* Buildings for rural accommodation must have a good state of conservation. They will not be located within the space that delimits the line affection of edification to the roads that form part of the network of roads of the State, nor of those that integrate the basic network of the Comunitat Valenciana (click here to read more on line of affection to roads) nor to a distance less than a kilometre of residual plants or other residues-treatment plants.
* Surfaces intended for living rooms and dining rooms must be adequate to the capacity of the establishment, so as to guarantee users a comfortable stay. A minimum surface area of 2 m² per accommodation space (1 guest = minimum 2 m2 of accommodation at the living-dining room) must be guaranteed, but in no case less than 14 m².
* Furniture will be in perfect condition of use and conservation and, at least, it will guarantee a number of seats equivalent to the number of squares of the establishment.
* Kitchens and bathrooms will have direct or forced ventilation for air renewal.
* Rooms and other dependencies of common use will have direct ventilation to the outside or to patios not covered. Rooms will be equipped with the insulation necessary to preserve them from noise and prevent the passage of light at the client’s will.
PROCESS TO OBTAIN THE CASA RURAL LICENSE
If your property fulfils all the above, then, your property will be ready to apply to the Town Hall for the Casa Rural license, with the following process:
A) APPLICATION TO THE TOWN HALL – A formal application to the Town Hall of the area must be submitted through a process called “Declaración Responsable” (Declaration of Liablity) including the following:
- That the applicant has the ownership or the availability of the property for use as a rural house.
- That it has previously obtained certificate from the municipality that certifies the following:
- The property has water supply and power supply.
- That the water conforms to the requirements that for human consumption fulfils sanitary criteria of the quality of water for human consumption.
- That in the location of the property the services of solid waste collection and discharge of waste are provided.
- That the establishment has the general and specific technical requirements required by this standard for its classification (stars), and that it undertakes to maintain them during the development of the activity.
- That it has a certificate issued by a competent technician who certifies that the establishment complies with the basic safety requirements in case of fire.
- That has the certificate of habitation or, in its absence, a certificate issued by the municipal technician competent in matter of housing on the fulfilment of the basic requirements of design and quality in housing and accommodation buildings.
- That it has the document that certifies to have submitted the house to the control Environmental Dpt.
- If applicable, a certificate issued by the architect who has developed the Casa Rural reform certifying the suitability of the installation to the activity to be developed, and compliance with the requirements established by the applicable sectorial regulations .
IF THE HOUSE IS PLACED IN “RUSTIC LAND” or “SUELO NO URBANIZABLE” it will be necessary to obtain the “DECLARACIÓN DE INTERÉS COMUNITARIO”(DIC) . Rural land is the one in which only farming, forest and nature activity may be developed. So, purely, touristic activity is not approved. So, when a Casa Rural is projected in this land it is required to get the special approval at the local and regional administration where specifically allow to that land an use different of the agricultural. In this cases, the plot must have a size of minimum 5.000 m2, with proper parking areas, etc. DIC may be avoided in Casa Rural when the project do not requires extend of buildings in more than 20 % of the existence, by express exemption from the Town Hall of the areas.
B) REGISTRATION AT THE CASA RURAL REGISTRY IN VALENCIA
After Town Hall approval, the house will be registered at the Central Registry in Valencia, where documentation will be inspected, controlled and verified.
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