NEW REGULATION OF TOURIST ACCOMMODATIONS IN RESIDENTIAL PROPERTIES
In the Supplement to the Official Gazette No. 402-22 of September 22, 2023, the Regulation of Tourist Accommodations in Residential Properties issued by the Ministry of Tourism (hereinafter the “Regulation“) was published.
The following are the main aspects of the Regulation:
- Tourist lodging provided in residential properties is classified as a tourist activity different from those provided by traditional tourist lodgings (hotels, hostels and others), of unique category;
- The activity is subject to this Regulation and in a general way by the Tourism Law, the General Application Regulation and the regulations issued by the National Tourism Authority;
- Tourist lodging in residential properties is defined as the “(…) reception of guests in residential properties, on a regular and temporary basis, in exchange for economic retribution (…)”;
- In order to provide this service, it is mandatory to have the Tourism Registry and the Single Annual Operating License (hereinafter “LUAF”);
- The service providers must keep a guest registry, under their custody, for six months;
- The service providers shall provide clear, precise, timely and truthful information;
- The services may be offered through analog and digital media, including social networks and other media;
- The requirements for obtaining the Tourism Registry and the LUAF, are exclusively those detailed in this Regulation;
- Providers of tourist accommodation in residential properties have 180 days from the date the Regulation comes into force to obtain the Tourism Registry and the LUAF;
- The Regulation applies throughout the national territory, with the exception of the province of Galapagos, which will be governed by its special regulations;
The Regulation is in force as of its publication.
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.