🏢 Difference Between a Standard Residential Building and a Tourist Building

ENGLISH VERSION

The fundamental distinction between a traditional residential building and a tourist development lies in two essential dimensions:

✅ 1. Purpose and Mandatory Services

A residential building is intended exclusively for permanent housing or long‑term residential leasing.

A tourist building is part of a tourist development and is subject to:

• mandatory minimum services (cleaning, reception, maintenance, etc.);

• specific rules for tourist classification;

• centralized management by a single operating entity.

✅ 2. Operating Model and Revenue

In a residential building, the owner freely manages their property.

In a tourist development, the apartments are income‑generating units operated by the managing entity, which:

• promotes the development;

• manages bookings, pricing, marketing, and operations;

• distributes revenue to owners according to contract.

However, the owner is not required to place the apartment into tourist operation and may use it as a permanent residence — but the property always retains its tourist classification in the license.

🏠 Can I live permanently in a tourist apartment?

Yes. You only need to inform the manager and sign the appropriate contract.

However:

• the apartment must remain furnished and equipped according to the tourist classification standards;

• permanent use does not change the tourist nature of the property in the license.

✅ Owners’ Rights

• Benefit from the services provided by the operating entity.

• Receive the agreed amounts from tourist operation.

• Use the apartment under the terms of the contract (or not use it, if fully allocated to tourist operation).

✅ Owners’ Duties

• Comply with the legal framework of tourist developments and the constitutive title.

• Avoid behaviors that harm the tourist character of the development.

• Not transfer management rights to third parties — operation is always centralized.

🛎 Tourist Operation

Tourist operation may only be carried out by a single operating entity, which also performs condominium administration.

All contracts with guests are signed between the operating entity and the user — never directly by the owner.

🛠 Works

Any works — even interior ones — must be approved by:

• the operating entity;

• the other owners, when applicable.

🏷 Can I sell the apartment as a residential unit?

No. Even if used as a permanent home, the license is tourist‑based and this nature cannot be changed without reclassifying the entire development.

💶 Monthly Income

It depends exclusively on:

• the contract signed with the managing entity;

• the operating model adopted (revenue pool, percentages, etc.).

🧾 Taxation of Income

• Individuals: IRS

• Companies: IRC

The tax framework depends on the specific situation, so professional advice is recommended.

🛋 Is the apartment furnished?

Yes. It is delivered with the minimum furniture and equipment required by law for its tourist classification.

📑 Can I sign rental contracts directly?

No. All tourist operation is carried out exclusively by the operating entity.

🏨 Services Provided by the Operating Entity

Including, among others:

• Professional photography

• Booking management

• Revenue management

• Digital marketing

• Check‑in / check‑out

• Cleaning

• Laundry

• 24h customer support

• Tourist tax collection

• SEF communication

• Maintenance

🧮 Taxes on Purchase (IMT, VAT, Stamp Duty)

Depends on the use and the buyer:

• General rule: subject to IMT, without reduced rates for permanent residence.

• May be subject to VAT or Stamp Duty depending on the buyer and intended use.

🏗 IMT Exemption for Rehabilitation

Generally not applicable.

The exemption only exists when the property is intended for:

• long‑term residential leasing; or

• permanent residence (in an Urban Rehabilitation Area).

Since tourist apartments cannot be exclusively allocated to permanent housing, the exemption does not apply.

The property is also subject to annual IMI.