Current situation of control of travelers in vacation homes

One of the specialties of Illleslex Abogados is tourism law in Mallorca. Therefore in this article we provide an update on the current situation of the control of travelers in holiday homes.

Last October 2021 the Decree 933/2021, of October 26th was published in the Official State Bulletin (BOE) , which establishes the obligations of documentary registration and information of individuals or legal entities that exercise activities of accommodation and rental of motor vehicles. This decree modifies the documentary registration and information obligations for individuals or legal entities engaged in the activities of lodging or rental of motor vehicles without drivers.

The decree, in its first article, establishes as its main objective to regulate the documentary registration and information obligations for lodging and vehicle rental activities. It defines “lodging activities” as those that provide space for overnight stay in exchange for a price, including hotels, hostels, campsites and digital platforms. It also defines “vehicle rental activities” as those that provide the use of vehicles to third parties in exchange for compensation.

The scope of application extends to the entire national territory, regardless of the modality, ownership or organizational model of these activities. Clear definitions are established for “lodging activities”, “vehicle rental activities” and “regulated entities”.

Likewise, the decree establishes that the owners of lodging and vehicle rental activities must collect data from users for their registration and communication, detailing the necessary information. A computerized registry including specific data will be established, and the obligated parties must keep this data for three years. It is important to note that those who carry out lodging activities in a non-professional manner are excluded from these obligations.

The data generated will be kept in files located in the Secretariat of State for Security, with exclusive access for the Security Forces and Corps, the judicial authority and the Public Prosecutor's Office. Data processing will be carried out in accordance with Organic Law 7/2021, on the protection of personal data for the purposes of prevention, detection, investigation and prosecution of criminal offenses.

The penalty regime is governed by Organic Law 4/2015, on the protection of citizen security. Lack of documentary records and omission of mandatory communications are considered serious offenses, while irregularities in records and communications out of time are considered minor offenses.

The entry into force was scheduled six months after its publication. However, the provisions relating to reporting obligations were to take effect from January 2, 2023. However, since then, a five-month period of adaptation to the new environment began until June 2, 2023. Due to various factors such as the development of the IT tool, this adaptation period has been extended until October 1, 2024.

The Ministry of the Interior has launched the SES.HOSPEDAJES platform to facilitate the documentary registration of lodging activities, according to Royal Decree 933/2021. The platform has been operational since January 2, 2023, with an extended adaptation period until October 1, 2024.

Therefore, we will continue with the current communications regime until next October 1, 2024, and it will be then when Royal Decree 933/2021, of October 26, establishing the documentary registration and information obligations of individuals or legal entities that carry out lodging and motor vehicle rental activities will take effect in terms of the communication obligations mentioned in this article.

Paula Sureda
Illeslex Abogados

For further information on the contents of this document, please contact ILLESLEX at info@illeslex.com.

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