In the Official Gazette no.200 of 1 March 2022 was published the Order no.510/2022 of the Minister of Entrepreneurship and Tourism for the modification and completion of the Methodological Norms on the issuance of the classification certificates of tourist accommodation establishments with accommodation and public catering functions, tourism licenses and patents, approved by the Order of the President of the National Authority for Tourism no. 65/2013.
The normative act has been published in order to give the possibility to individuals to apply for a certificate of classification of tourist accommodation facilities.
We remind you that according to art.28 of Emergency Ordinance (OG) 58/1998, in order to protect tourists, offering, marketing, selling tourist services and packages, as well as the creation of tourist products on the territory of Romania can be carried out only by economic agents in tourism authorized by the Ministry of Tourism, holders of tourism licenses or classification certificate, as appropriate.
Also OG 58/1998 defines the tourist reception structure as any construction and arrangement destined, by design and execution, for the accommodation of tourists, the serving of meals for tourists, leisure, special transport for tourists, spa treatment for tourists, together with related services.
A very important aspect of the new regulation is that the term “natural person” is added to the definition of “economic operator”.
Therefore, for the purposes of the new rules, “economic operator” means “natural person, authorised natural person, individual or family enterprise, company or other legal person established by law, which carries out accommodation, catering and other specific services in tourist accommodation facilities as their owner and/or manager, respectively company or other legal person established by law, which carries out economic activities specific to travel agencies”.
According to the new Order, in order to issue the classification certificate, the economic operators, natural persons owning tourist accommodation structures with accommodation functions such as apartments and/or rooms for rent in family dwellings shall submit the following documentation to the central public institution responsible for tourism:
- a) standardized application for obtaining the classification certificate by economic operators natural persons;
- b) standardised form for the nominal classification of accommodation spaces by category and type;
- c) copy of the identity card of the applicant natural person, owner of the tourist accommodation;
- d) the agreement of the tenants/owners association or the agreement of the owners with whom the natural person economic operator has common walls, horizontally and vertically, from which the activities to be carried out in the respective tourist accommodation structure result;
- e) the document proving the ownership of the tourist accommodation structure and the address of the respective establishment.
Economic operators who are natural persons may apply for classification only for a maximum number of 7 rooms under the type of tourist accommodation structure apartments and/or rooms for rent in personally owned family dwellings, regardless of the number of dwellings in which they are located.
Clarifications concerning the classification certificate for economic operators who are natural persons:
Following false information appearing in the public space, the Ministry of Entrepreneurship and Tourism, through a recent press release, sends the following clarifications:
- the ministerial order published on 01.03.2022, in the Official Gazette, does not restrict and/or prohibit the rental of hotel apartments through AirBNB, Booking or any other similar platform, but establishes the procedure for classifying accommodation units operated by individuals, with the aim of reducing unfair competition, respectively the phenomenon of “black tourism”, implicitly tax evasion. In this area of rentals, non-taxable income is collected; internal analysis shows that there are approximately 5,000 structures carrying out this type of activity.
- this regulation, promoted by MAT Order no.510/2022, is also provided for in Ordinance no. 58 of 21 August 1998 on the organization and development of tourism activities in Romania. Ministry representatives mention that, until now, there is a regulatory vacuum for individuals who rent apartments on a short-term basis (in hotel accommodation). More specifically, art.28 says that “in order to protect tourists, offering, marketing, selling tourist services and packages, as well as the creation of tourist products on the territory of Romania may be carried out only by tourism economic agents authorized by the Ministry of Tourism, holders of tourism licenses or classification certificate, as appropriate”.
- any natural person can rent their apartment as a tourist apartment, obtaining the classification from the Ministry of Entrepreneurship and Tourism free of charge.
- tourist activities carried out in condominium units can affect the daily life of the residents. Apartment blocks are not hotels. For this reason, based on the premise of respect for mutual rights, the ministerial order provides for obtaining the agreement of the neighbours with whom the economic operator has common walls in order to obtain the classification certificate. For example, that neighbour with common walls is directly affected by the noise that might be made by tourists during their resting hours.
- if there is a lack of dialogue with the neighbours from whom the economic operator has to obtain consent for the classification of tourist activities, then he can appeal to the owners’ or tenants’ association. The Ministerial Order provides for this.
- The measure facilitates the introduction of new players in the competitive market, which can lead to an increase in the quality of tourism services. All participants must have equal rights and obligations.
Legal basis:
- Order M.A.T.510/2022 for the modification and completion of the Methodological Norms on the issuance of classification certificates for tourist accommodation and catering establishments, tourism licenses and patents, approved by Order of the President of the National Tourism Authority no. 65/2013;
- Government Ordinance 58/1998 on the organisation and development of tourism activities in Romania;
- http://turism.gov.ro/