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Questions and answers about the new regulations for tourist apartments in Madrid

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Questions and answers about the new regulations for tourist apartments in Madrid

Preserve and expand the residential areas of the historic center of the capital and put an end to illegal tourist housing. These are the two main objectives of the Residence Plan, presented yesterday by the mayor, José Luis Martínez-Almeida, during the press conference following the Government Meeting. This new regulation, which will only replace the current 2019 Accommodation Plan at least in the summer, commits to concentrating tourist apartments in exclusive buildings, thus minimizing problems of coexistence with residents. Here are some of the main doubts that may arise among landlords and tenants:

Will tourist apartments be allowed in the center?

The Resident Plan divides the capital into two zones: the historic center (the APE 0.01 zone) and the outer zone. Within this central almond grove, tourist homes scattered in neighboring communities will be prohibited.

The new rule will also allow the opening of tourist apartments in completely disused residential buildings, cataloged and located outside commercial centers with a license linked to the rehabilitation of the property for a maximum period of 15 years. Subsequently, these will have to have residential use again.

And in non-residential buildings?

Yes, in properties that do not have this classification for residential use, houses for seasonal rental will be accepted without limitations.

The standard also allows the transformation of center plots for tertiary use (offices) into housing. They can also house tourist apartments, if the entire block is planned for this purpose.

In APE 0.01, the transformation of cataloged and obsolete public buildings for private use into affordable housing or “coliving” will be authorized.

Will tourist rentals be authorized outside the center?

The VUT (Accommodation for Tourist Use) can be set up in a complete building or in scattered dwellings. In the latter case, as a novelty, the obligation to have independent access is included as long as they are buildings for residential use.

Can commercial premises be transformed into a VUT?

In the historic center, even on the ground floor, it is prohibited to transform old businesses into accommodation for tourist use.

Outside the historic center, this can only be done if it is located outside the commercial centers.

Will these restrictions affect approved apartments?

The new Reside Plan does not affect tourist apartments that already have a license (1,131.7% of the total), even if they are in neighboring buildings.

How will illegal apartments be prosecuted?

The council is counting on the measures already taken last April: the suspension of the granting of new licenses and the tightening of fines and controls. After this modification, the first sanction is 30,000 euros (to date 183 have been imposed), the second is 60,000 and the third is 100,000 euros, cumulatively. So far this year, through these inspection and reporting tasks, 448 “pirate” rental units have been detected, 356 tourist apartments have been ordered to cease operations and 221 have been returned to residential use .

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