It is always a good time to remember the ABC of Tourist Apartments! Here we explain why and outline the steps that must be followed in order to operate in compliance with the applicable regulations.

WHAT IS A TOURIST APARTMENT ESTABLISHMENT (AT)?

Tourist Apartment establishments are buildings or continuous complexes made up entirely of apartments or studios, operating either as a single establishment or as a single business unit, and providing the corresponding tourism services.

The management of a Tourist Apartment establishment may adopt any legal form permitted by law—provided that it complies beforehand with the applicable urban planning regulations—such as condominium ownership. In all cases, the entire accommodation establishment must remain under a single operating business unit every day of the year.

Accommodation units must be cleaned at least once a week.

Tourist Apartment establishments must meet the following technical requirements:

A reception area with a minimum floor space of 10 m².

The minimum floor areas required for apartments or studios in a one-star or basic aparthotel, as set out in Annex 1.

Tourist Apartment establishments are identified by the AT sign shown in Annex 2, whose specifications are published on the website of the department responsible for tourism.

IS A TOURIST APARTMENT ESTABLISHMENT THE SAME AS A DWELLING FOR TOURIST USE?

No. They are different types of accommodation.

Tourist Apartments are establishments providing temporary accommodation in buildings or continuous complexes made up entirely of apartments or studios, operating as a single establishment or as a single business unit and offering the corresponding tourism services.

They are not required to have a certificate of occupancy.

IS A TOURIST APARTMENT CONSIDERED A PUBLIC PREMISES?

Public establishments are buildings, premises or enclosed areas accessible to the general public, where access cannot be restricted on the basis of any personal or social condition or circumstance.

Tourist accommodation establishments are considered public premises, as are hotels, campsites and rural tourism establishments.

Another characteristic to bear in mind is that, in public establishments, the operator of the business may be a different person or entity from the owner of the property.

DEFINITION, RULES AND GENERAL PRINCIPLES GOVERNING TOURIST APARTMENTS

Tourist Apartments are establishments which, on a regular and professional basis and with the corresponding authorisation, provide users with temporary accommodation in accommodation units in exchange for payment, together with other tourism services, in accordance with the conditions and categories established by the applicable regulations.

Tourist Apartments cannot be legally designated as residential dwellings. Under no circumstances may tourist accommodation establishments become the main or secondary residence of their guests.

CAN THE USE OF A PROPERTY AS A TOURIST APARTMENT BE RESTRICTED?

Municipal land-use planning regulations applicable to the area in which the building is located may limit or impose conditions on this use.

MANDATORY SERVICES

Tourist Apartments must provide accommodation together with the following services:

Bathrooms or sanitary facilities equipped with everything necessary for immediate use, including replenishment and cleaning in the accommodation price.

Periodic cleaning of the accommodation units and communal facilities while guests are staying at the establishment, included in the price.

STARTING A TOURIST APARTMENT BUSINESS

Fewer than 20 bed spaces

STEP 1. Submit the prior municipal notification.

The following documents must be attached:

Technical project for the activity.

Technical certificate confirming compliance with the project and authorising the start of operations.

STEP 2. Submit a Responsible Declaration to the Tourism Department of the Government of Catalonia.

More than 20 bed spaces

STEP 1. Request a preliminary fire safety report and attach a technical fire safety project.

STEP 2. Obtain the fire safety inspection certificate.

STEP 3. Submit the prior municipal notification.

The following documents must be attached:

Technical project for the activity.

Technical certificate confirming compliance with the project and authorising the start of operations.

STEP 4. Submit a Responsible Declaration to the Tourism Department of the Government of Catalonia.

Tourist Apartment authorisation form.

Annex 4.

CLASSIFICATION

Tourist Apartments are classified in accordance with the provisions of Decree 75/2020.

The tourism classification identifies the group, type and, where applicable, category of the establishment.

HOW CAN USERS IDENTIFY A LEGALLY REGISTERED TOURIST APARTMENT?

The registration number in the Tourism Register of Catalonia must be displayed in all advertising in which the accommodation is promoted.

In Girona, the Tourism Register identification number, known as the NIRT, always begins with ATG-, followed by six digits.

CATEGORISATION OF TOURIST APARTMENT ESTABLISHMENTS

The Directorate-General for Tourism promotes a voluntary categorisation process for Tourist Apartment establishments. This system makes it possible to identify and classify accommodation according to the facilities and services provided.

Its purpose is to publicise the range of quality-certified Tourist Apartment establishments, helping to promote them and attract tourists, including international visitors.

The system is structured into five categories, ranging from one to five keys, and assesses the following factors:

The building, including maintenance and refurbishment.

Interior spaces, including the living and dining area, bedrooms, bathrooms and kitchen.

Furniture and equipment.

Services provided by the establishment.

Type and location of the establishment.

Tourist Apartment establishments that join the system are awarded a category ranging from one to five keys, depending on their characteristics, facilities and services.

The categorisation process, set out in Annex 1, begins with an application from the owner or operator of the Tourist Apartment establishment, which must be duly registered in the Tourism Register of Catalonia.

The application must be submitted online through the Canal Empresa business portal.

Once the documentation reaches the Directorate-General for Tourism, a file is opened. The next step is a visit by an inspector to the establishment in order to verify the information provided.

All the documentation is then submitted to the Joint Assessment Committee, which prepares a report leading to a proposed decision. This decision is communicated to the owner or operator.

The proposed decision may either confirm or reject the assessment resulting from the questionnaire submitted by the owner or operator. Where the assessment is not confirmed, the proposal will indicate any areas requiring improvement and the deadline for reporting that the improvements have been made.

Finally, the establishment is awarded its category by means of a formal decision and is automatically entered in the Tourism Register of Catalonia.

ACCESS AND STAY

Guests’ right of access to tourist accommodation establishments is governed by Article 39 bis of the Tourism Act.

As Tourist Apartments are considered public premises, access and continued presence may be restricted in accordance with the conditions established by the applicable regulations.

Where the establishment has rules of use or internal regulations, these must comply with the legislation governing the right of access. They must be written, at a minimum, in Catalan, Spanish, German, English and French, and must be made immediately available to any guest who requests them.

The management of a Tourist Apartment establishment may evict anyone who fails to comply with the rules of peaceful coexistence and hygiene, as well as anyone seeking to enter or remain on the premises for purposes other than accommodation.

OBLIGATIONS OF TOURIST APARTMENT ESTABLISHMENTS

Without prejudice to the obligations applicable to tourism businesses under Article 36 of the Tourism Act, owners and operators are required to:

Ensure that all premises, facilities, furniture and equipment are properly maintained, operational and clean, and that the quality of the services provided complies at all times with the category and/or type awarded to the establishment, whether mandatory or obtained through voluntary tourism categorisation systems.
Ensure that guests are treated properly by all members of staff and promote peaceful coexistence among guests.
Ensure compliance, where applicable, with the rules of use or internal regulations of the tourist accommodation establishments referred to in Article 211-5 of this Decree.
Monitor guest arrivals and departures.
Provide guests with any information they request, both about the operation of the establishment and about local tourism.
Safeguard the safety and security of guests.

CUSTOMER SERVICE AND OPENING HOURS

Tourist Apartments must provide a permanent 24-hour assistance service, either through staff or through alternative technological means, and must allow guests to access the establishment 24 hours a day.

The hours and conditions under which this service is provided must be clearly displayed and easily identifiable by guests at the location of the establishment’s reception service.

ADVERTISING OF TOURIST ACCOMMODATION ESTABLISHMENTS

Any advertising carried out by Tourist Apartment establishments, through any means of communication, concerning the services provided, their location, their distance from public transport and any other characteristics of the establishment must accurately reflect reality and must not mislead or confuse users under any circumstances.

Tourist Apartments must include their name and registration number in the Tourism Register of Catalonia in all advertising.

Before a booking is made, they must also inform guests of the maximum capacity of their accommodation units and comply with the information requirements established by sector-specific accessibility regulations.

Where special conditions apply to the use or enjoyment of the tourist accommodation establishment—for example, restrictions concerning minors or the admission of pets—the establishment must also provide information about these conditions.

In the case of minors, the age limit must be stated in the special booking conditions.

DINING SERVICE

A dining room is understood to be an area within the establishment intended to provide guests with meal-plan services.

In addition to the dining room, the establishment may also have a bar and restaurant.

The dining service must be provided during the hours established by the management of the establishment.

IDENTIFICATION OF GUESTS

In accordance with Order IRP/418/2010 of 5 August, guests must provide proof of identity when checking into the establishment by presenting a valid identification document.

This document must be returned immediately to its owner.

EVICTION AND ABANDONED BELONGINGS

Where belongings have been abandoned or a guest has been expelled from the establishment, the owner or operator may remove the guest’s belongings from the accommodation unit after preparing an inventory signed by two witnesses.

Once one month has passed since reliable notification of the abandonment was sent to the address provided by the guest, the establishment may dispose of the belongings freely.

The return of belongings to their owners is subject to payment of the amount established by the establishment for such cases or, where no specific amount has been established, the applicable current rate, together with any transport costs incurred.

COLLECTION OF THE TOURIST TAX

Tourist Apartment establishments must collect the tourist tax, officially known as the Tax on Stays in Tourist Establishments, or IEET.

This means that the tax must be charged in connection with the stay. It is normally collected at the end of the stay, following the issue of the corresponding invoice.

The establishment must subsequently submit and pay the relevant tax return to the Tax Agency of Catalonia.

OFFICIAL GUIDE TO TOURIST ESTABLISHMENTS

Tourist Apartments benefit from the tourism promotion and publicity provided through the Official Guide to Tourist Accommodation and the official tourism promotion website of Catalonia.

WHY JOIN ATA?

Today we have explained the theory; we can work on the practical side together. Do not think twice!

Joining ATA means benefiting from the wide range of services we provide, receiving support from the professionals who make up our technical team, gaining access to specialised training and staying informed about everything that affects our sector.

We want to keep growing, and we want you to be part of it!

Find out about all the requirements and become a member. We look forward to welcoming you!

Last updated: July 2022

Annex1

Annex 2

Annex 3

Annex 4

La Fosca (Palamós)