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.

Royal Decree-Law 15/2020, of April 21, of complementary urgent measures to support the economy and employment.

Article 1. Leases for use other than housing with large holders.

1. The natural or legal person who is the lessee of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, on Urban Leases, or industry, that complies the requirements provided for in article 3, may request from the lessor, when this is a company or public housing entity, or a large holder, understanding as such the natural or legal person who is the owner of more than 10 urban properties, excluding garages and storage rooms, or a constructed area of ​​more than 1,500 m2, within a month from the entry into force of this royal decree-law, the moratorium established in section 2 of this article, which must be accepted by the lessor provided that an agreement between both parties of moratorium or reduction of rent had not already been reached.

2. The moratorium on the payment of the rental rent indicated in the first section of this article will be applied automatically and will affect the period of time that the alarm status and its extensions last and the following monthly payments, extendable one by one, if That period was insufficient in relation to the impact caused by COVID-19, without the four months being exceeded in any case. Said rent will be deferred, without penalty or accrual of interest, from the next monthly rent, by dividing the installments over a period of two years, which will be counted from the moment the aforementioned situation is exceeded. previously, or after the expiration of the aforementioned four-month period, and always within the term of the lease or any of its extensions.

Article 2. Other leases for use other than housing.

1. The natural or legal person who is the lessee of a lease for use other than housing in accordance with the provisions of article 3 of Law 29/1994, of November 24, or industry, whose lessor is different from the defined in the

Article 1.1, and complies with the requirements provided for in Article 3, may request from the lessor, within a period of one month, from the entry into force of this Royal Decree-law, the temporary and extraordinary deferment of rent payment provided that such postponement or a reduction in income had not been agreed by both parties on a voluntary basis.

2. Exclusively within the framework of the agreement referred to in the preceding sections, the parties may freely dispose of the deposit provided for in article 36 of Law 29/1994, of November 24, which may be used for total or partial payment. somehow or some monthly installments of the rental income. In the event that it is available in whole or in part, the lessee must replace the amount of the deposit provided within one year from the conclusion of the agreement or within the remaining period of the contract, in the event that this term is less than one year.

Article 3. Self-employed and SME tenants for the purposes of article 1 and article 2.

The self-employed and SME tenants may access the measures provided for in articles 1 and 2 of this royal decree-law when they meet the following requirements:

1. In the case of a property lease contract that affects the economic activity carried out by the self-employed:

a) Be affiliated and registered, on the date of the declaration of the state of alarm by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the crisis situation health caused by COVID-19, in the Special Regime of Social Security of Workers for own or Self-Employed Account or in the Special Social Security Scheme for Sea Workers or, where appropriate, in one of the RETA substitute Mutual Societies.

b) That its activity has been suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree.

c) In the event that your activity is not directly suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, you must prove the reduction in billing for the calendar month prior to which thepostponement by at least 75 percent, in relation to the average monthly turnover of the quarter to which said month refers to the previous year.

2. In the case of a property lease contract affecting the economic activity carried out by an SME:

a) That the limits established in article 257.1 of Royal Legislative Decree 1/2010 of July 2, which approves the revised text of the Capital Companies Law, are not exceeded. b) That its activity has been suspended as a result of the entry into force of Royal Decree 463/2020, of March 14, or by orders issued by the competent Authority and the competent Authorities delegated under the aforementioned royal decree. c) In the event that your activity is not directly suspended by virtue of the provisions of Royal Decree 463/2020, of March 14, you must prove the reduction in your turnover for the calendar month prior to which the postponement is requested. in at least 75 percent, in relation to the average monthly turnover of the quarter to which the said month refers to the previous year.

Article 4. Accreditation of requirements. Compliance with the requirements established in article 3 will be accredited by the lessee before the lessor by submitting the following documentation: a) The reduction of activity will be initially credited by filing a responsible declaration in which, based on accounting and income and expense information, record the reduction in monthly billing by at least 75 percent, in relation to the average monthly billing for the same quarter of the previous year. In any case, when the lessor requires it, the lessee will have to show his accounting books to the lessor to prove the reduction of the activity. b) The suspension of activity will be accredited by means of a certificate issued by the State Agency of the Tax Administration or the competent body of the Autonomous Community, as the case may be, based on the declaration of cessation of activity declared by the interested party.

Article 5. Consequences of the improper application of the temporary and extraordinary postponement in the payment of the rent. The tenants who have benefited from the temporary and extraordinary postponement in the payment of the rent without meeting the requirements established in article 3, will be responsible for the damages that may have occurred, as well as all the expenses generated by the application of these exceptional measures, without prejudice to the responsibilities of another order to which the conduct of the same could give rise.

Due to repeated concerns regarding rent payments, mortgages, freelancers and consumer protection, we provide you with a link to Royal Decree-Law 11/2020, of March 31, which adopts urgent complementary measures in the social and economic field to deal with COVID-19.
We remind you that you can make all your queries preferably through our form in the CONTACT section.

Summary of the most consulted chapters and sections that are reflected in Royal Decree-Law 11/2020, of March 31.

Chapter 1
Regulates a comprehensive package of measures to support workers, consumers, families and the most vulnerable groups to alleviate their financial situation and to have a minimum income and contribute to the alleviation of their fixed expenses is one of the priorities strategic measures of the Government, especially relevant in the current circumstances, being of special importance the adoption of measures that ensure that they are not left in a situation of exclusion as a consequence of the health crisis of COVID-19.

Section 1. Measures directed at vulnerable families and groups.
Article 1. Suspension of the eviction procedure and of the launches for vulnerable homes without housing alternatives.
Article 2. Extraordinary extension of the leases of habitual residence.
Article 3. Moratorium on rental debt.
Article 4. Automatic application of the moratorium on the rental debt in the case of large holders and companies or public housing entities.
Article 5. Definition of the situation of economic vulnerability for the purpose of obtaining moratoriums or aid in relation to the rental income of the habitual residence.
Article 8. Exceptional and transitory modification of the contractual conditions of the lease in the case of lessors not included among those included in article 4 as a consequence of the economic and social impact of COVID-19.
Article 9. Approval of a line of guarantees for the coverage by the State of financing to tenants in situations of social and economic vulnerability as a consequence of the expansion of COVID-19.
Article 10. New aid program to help minimize the economic and social impact of COVID-19 on regular home rentals.
Article 11. Replacing the program to help people in a situation of eviction or launching their usual home with the new program to help victims of gender-based violence, people evicted from their usual home, homeless people and others especially vulnerable regulated in the following article.
Article 12. Modification of the program to promote the rental housing stock.
Article 16. Definition of economic vulnerability to the effects of the mortgage moratorium and the non-mortgage financing credit.
Article 19. Moratorium on mortgage debt.
Article 28. Right to receive the social bonus by self-employed workers who have ceased their activity or have reduced their turnover as a consequence of COVID-19.
Article 30. Beneficiaries of the extraordinary subsidy for lack of activity for people integrated into the Special System of Household Employees of the General Social Security Regime.
Article 33. Exceptional unemployment benefit due to the end of a temporary contract.

Section 2. Support measures for the self-employed.

Section 3. Consumer protection measures.

Community Management Department.

Once all office visits, ordinary and extraordinary meetings have been suspended while the state of alarm lasts, we inform the residents of the communities of owners that our company manages that:

We make available to single-parent families and families who are elderly, a special schedule, Monday through Friday from 12:00 to 14:00, in which we will take a tour to bring home requests for food products, cleaning or medications.

For any other management we choose by phone (calls 930088169), (whatsapp 665074483) or email (This email address is being protected from spambots. You need JavaScript enabled to view it.). We will have staff available during business hours from Monday to Friday from 09:00 to 14:00 and 16:00 to 19:00.

ANPIFF Statement Publication in the DOGC (of application only for Catalonia) of the decree law 9/2019 of May 21 of urgent measures in the matter of containment of rents in the contracts of leases of houses and of modification of the fifth book of the civil code Catalonia.
Links:

ANPIFF Statement

Publication in the BOE of Royal Decree 7/2019 of March 1 on urgent measures in the field of housing and rent, whose main points are:
 
• The minimum term of the lease is raised to five years (seven if the lessor is a legal entity).
 
• The maximum amount of guarantees in addition to the deposit that may be required of the lessee is set at two monthly installments of income.
 
• If the landlord intends a new contract upon completion of the contract, he must communicate it at least four months in advance (for the resolution by the tenant, the minimum is one month).

"We inform you of the publication in the BOE of the resolution of January 22, 2019, of the Congress of Deputies, ordering the repeal of Royal Decree-law 21/2018, of December 14, on urgent measures in subject of housing and rent.

With said derogation in relation to lease contracts shall be governed by the provisions of the previous law.

However, the contracts drafted under the aforementioned Royal Decree-Law and signed in the period in which it has been in force, are valid for all purposes ".

Note made by A.N.P.I.F.F.

If you need to renew your contract you can contact us by email from web 88delrambla.es, during business hours from 9.30am to 2.30pm from Monday to Friday, or to the number 93 00 88 169 where you will be asked for the information for more information.

Today, Tuesday, December 18, 2018, Royal Decree-law 21/2018 of December 14, comes into effect, of urgent measures in the field of housing and rent, you can consult the full text in the following link. If you need to renew your contract you can contact us by email from the 88delrambla.es website, during business hours from 9:30 am to 2:30 pm from Monday to Friday, or to the number 93 00 88 169 where the information will be requested for more information.

In the sixth edition, the Booking Guest Review Awards reward employees who have offered good experiences to customers, our work in Barcelona was noted. We are delighted with our fantastic score and your comments on booking.com!, during 2018 we will continue working to improve your experiences.

APARTUR statement

This morning has taken place in the "Museu Marítim" the closing ceremony of the 5th edition of "Check In Solidari" sponsored by the journalist and television presenter Josep Puigbó.

The "Check In Solidari" campaign is part of the set of initiatives promoted by Apartur in favor of a model of responsible and sustainable tourism.

A total of 52 associated companies have participated this year in the project that has raised € 18,403.

It is very gratifying for the association to see how an initiative of these characteristics grows year after year. We believe it is important to get involved as a sector in solidarity projects like this that redistribute a part of the benefits in the fabric of our city.

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