A significant change in the rules governing tourist rentals will take effect in Spain starting 2 January 2025, introducing stricter requirements for landlords offering short-term accommodations. While the regulation officially comes into force in January, its application will be delayed until July 2025 to allow companies and administrations to adapt.
Key Points of the New Regulation
- Mandatory Registration:
- Property owners offering short-term rentals must obtain a registration number for their property.
- This number will be a prerequisite for listing accommodations on online platforms.
- Scope of the Regulation:
- Applies to tourist rentals, seasonal rentals, room rentals, and any type of short-term accommodation offered for financial remuneration through online transactional platforms.
- Digital One-Stop Shop:
- A centralised system will manage the collection and exchange of data for all registered short-term rental properties.
- Landlords must use this platform to:
- Register their property.
- Provide necessary information.
- Update any changes in the data.
- Share the registration number with the listing platform.
- Implementation Timeline:
- 2 January 2025: Regulation enters into force.
- 1 July 2025: Full enforcement begins; landlords must comply by this date.
- Transition Period:
- A six-month period (January–July) is provided for:
- Landlords to register their properties.
- Digital platforms and administrations to integrate and adapt to the new system.
- A six-month period (January–July) is provided for:
Legal Basis and European Context
- This regulation stems from the Royal Decree Law passed during the last Council of Ministers in 2024.
- Spain is the first EU country to implement the European Union’s directive mandating the creation of an information system for short-term rentals.
- The goal is to increase transparency, standardise procedures, and ensure compliance with legal requirements across the EU.
Landlord Obligations Under the New Regulation
Landlords must:
- Obtain a Registration Number:
- Assigned by the Land Registry or the Movable Property Registry.
- Provide and Update Information:
- Submit all required property details to the digital platform.
- Update information promptly when changes occur (e.g., ownership, type of rental).
- Comply with Information Requests:
- Respond to any inquiries from the regulatory bodies.
- Communicate with Online Platforms:
- Provide the registration number to the platforms hosting the property listing.
Who Does This Affect?
The regulation applies to:
- Landlords offering short-term tourist rentals.
- Properties rented for seasonal purposes.
- Rooms or other short-term accommodations listed on digital platforms.
Implications for Stakeholders
- For Landlords:
- They must ensure compliance by registering their properties, which may involve administrative work and additional costs.
- Failing to comply could result in penalties or restrictions on advertising their property.
- For Digital Platforms:
- Platforms like Airbnb or Booking.com must adapt their systems to require and validate registration numbers for all listed properties in Spain.
- For Tourists and Tenants:
- Greater transparency and security when booking short-term accommodations.
The new regulation introduces a structured and transparent framework for managing short-term rentals in Spain. By July 2025, landlords will need to comply with stricter requirements, making Spain a leader in implementing the EU’s short-term rental directive. Both landlords and platforms should act promptly during the transition period to ensure compliance and avoid disruption to their business activities.