New Rules for Short-Term Rentals in Spain: What You Need to Know
Spain has introduced new regulations to govern the rental of tourist and temporary accommodations. These measures come in response to the negative impacts of over-tourism in many parts of the country. The primary goal is to combat illegal vacation rentals and establish greater control and transparency in the sector.
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| Picture: Pixabay |
Key Changes
Mandatory Registration: Starting January 2, 2025, all properties used for short-term rentals, including tourist and seasonal rentals, must have a unique registration number obtained through the Ventanilla Única Digital (Single Digital Window).
Platform Verification: Platforms like Airbnb and Idealista are required to verify that listed properties have the correct registration.
Annual Renewal: Registration numbers must be renewed annually.
Compliance Enforcement: Properties must comply with the regulations to be listed online.
Who is Affected?
The regulations target two main groups:
Online Platforms: Platforms offering short-term rentals, such as Airbnb.
Landlords: Both individual landlords and real estate agencies operating in Spain.
Exceptions to Registration
If a short-term rental agreement is not published online and is agreed upon verbally between two parties, registration is not mandatory. However, the Ministry of Housing argues that this is a rare occurrence and does not pose a significant loophole.
Types of Rentals Covered
The regulations apply to:
* Tourist rentals
* Short-term rental contracts
* Rentals of rooms or other properties for short stays
* Rentals of boats or ships not intended for navigation
What is Considered Short-Term Rental?
Short-term rentals are defined as rentals that are not intended to meet a permanent housing need. This includes rentals for work, study, or medical treatment.
Can Short-Term Rentals Last Longer Than 11 Months?
Yes, as long as there is a specific reason for the temporary stay, such as work or study. However, both the landlord and tenant must clearly state this in the contract.
Requirements for Short-Term Rentals
The rented property must comply with Spanish urban rental law and European regulations. This means the property must be fully furnished and equipped for temporary stays.
The Mandatory Registration Number
All properties used for short-term rentals must have a unique registration number from January 1, 2025. This number identifies the property and includes information such as location, size, and furnishings. Platforms must display this number in their listings, or they may face fines.
How to Obtain the Registration Number
Landlords must apply for a registration number at the nearest land registry. They will receive a provisional number and have 15 days to resolve any issues. If the application is successful, the provisional number becomes permanent.
Platform Responsibilities
Online rental platforms are obligated to ensure that landlords register their properties and include the registration number in their listings. Failure to comply can result in fines.
Consequences of Non-Compliance
Without a registration number, a property cannot be rented. The number must also match the correct category and type of rental. Failure to comply will result in the listing being removed.
Validity of the Registration Number
The registration number is valid for 12 months and can be renewed if the property continues to meet the requirements.
Renewing the Registration Number
To renew the registration number, owners must submit a list of all rentals during the registration period along with proof that each rental was temporary. If all requirements are met, the number will be renewed and uploaded to Ventanilla Única Digital. If the renewal is rejected, online platforms will be requested to remove the corresponding listings.
Note: These regulations are designed to address the challenges posed by over-tourism and to ensure a more sustainable tourism industry in Spain. Landlords and platforms operating in Spain should familiarize themselves with these new rules to avoid penalties and ensure compliance.
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