Legal requirements for holiday rental management in Spain

November 2023

Spain stands out as the second country after France with the most holiday rentals, according to a Eurostat report. If you have a property that you plan to rent out, you should be aware of the legal requirements for holiday rentals in Spain to avoid penalties.

These regulations guarantee the quality of the accommodations, protecting both owners and travellers. These decrees and laws were created with the aim of avoiding discrepancies and generating a uniformity of measures in each autonomous community. In addition, each manager or owner using platforms such as Airbnb, Expedia, Tripadvisor or HomeAway must have the property registered in the Spanish Tourism Registry with its respective license number. 

In 2018 a Royal Decree Law was approved that determines the obligation to obtain a registration number, comply with quality standards, safety, limit duration in dwellings located in saturated tourist areas and maintain a balance with local residents. In addition, in some autonomous communities, there are additional regulations, more restrictive if the property is located near protected natural areas.

The legal regulations for holiday rentals in Spain have changed due to the rise of tourist rental platforms, seeking a balance in the promotion of quality and safety to avoid scams and overbooking.

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Which agency is responsible for regulating holiday rentals?

The management of holiday rentals in Spain is regulated and supervised by several agencies that vary by autonomous community and legislation in each region. Some of the agencies and offices in charge are:

• Councils of Tourism: in each autonomous community there is a Council or General Directorate of Tourism that is in charge of regulating and supervising holiday rentals. They are responsible for the issuance of licenses or registration of tourist homes.
• Ministry of Industry, Commerce and Tourism: the Ministry of Industry, Commerce and Tourism has competencies in the regulation and promotion of tourism in Spain, most of its regulations are managed by each autonomous community or region, but this office establishes the general guidelines and coordinates actions at the national level.
• Municipalities: have the function of establishing specific requirements, such as complying with the declaration of responsibility. Depending on the functions delegated, they may also carry out inspections of accommodations to verify compliance with their functions and may approve tourism licenses.
• Autonomous Tourism Agencies: some autonomous communities have offices in charge of tourism promotion and management. They are mostly involved in supervising and advising owners of holiday rentals. 

Holiday rentals in Spain: Laws and decrees regulating them

Urban Leasing Law (LAU):

It is mainly in charge of regulating housing leases in urban areas, but it also establishes specific provisions for Tourist Use Housing. Among its requirements, the following stand out:

• Duration: it should be a short period of time agreed between the owner and guest for days or weeks. 
• Rates and method of payment: the owner has the right to indicate the rate per day, and the method of payment is agreed between the parties either in advance or by contract.
• Deposit: the amount of the deposit depends on the autonomous community where the property is located, being in some cases the equivalent of one month’s rent. 
• Obligations: the LAU establishes that the dwelling must be kept in optimal conditions, and the guest must take care of the interior equipment during the stay. 

General Tourism Law (Law 13/2011, of May 27)

It is mandatory to comply with this law, which establishes that all properties for tourism purposes must be registered in the Tourism Registry of the corresponding autonomous community.

In relation to holiday rentals, the following aspects stand out:

• Housing for tourism purposes: housing sponsored by tourism supply channels that are usually rented for lodging purposes.
• Registration of tourist dwellings: all dwellings for tourist purposes must be registered in the Tourism Registry of the autonomous community or region where they are located before starting their activity. 
• Minimum requirements: all dwellings for tourist use in Spain must comply with the minimum habitability and quality requirements established.
• Obligations: owners or managers must always comply with current regulations and provide real information on the characteristics of the property.
• Penalties: depending on the seriousness of the infraction for non-compliance with legal requirements, fines or penalties are applied.

Tourist Use Housing Decree (DVT)

All the autonomous communities have decrees and comply with specific regulations to regulate tourist housing. The decrees and laws in force for each one are:

• Balearic Islands: Law 6/2017 of July 31
• Valencian Community: Decree 10/2021, of January 22, 2011
• Autonomous Community of Asturias: Decree 48/2016 of August 10
• Autonomous Community of Cantabria: Decree 225/2019, of November 28, 2009
• Autonomous Community of Catalonia: Decree 75/2020, of August 20, 2010
• Autonomous Community of La Rioja: Decree 10/2017, of March 17
• Region of Murcia: Decree No. 256/2019 of October 10, 2009
• Autonomous Community of Aragon: Decree 1/2023, of January 11, 2002
• Autonomous community of Galicia: Decree 12/2017 of January 26
• Autonomous Community of Castilla y León: Decree 3/2017 of February 16
• Autonomous Community of Castilla-La Mancha: Decree 36/2018, of May 29
• Autonomous Community of Andalusia: Decree 28/2016 of February 2
• Province of Navarra: Decreto Foral 230/2011, of October 26, 2011
• Basque Country: Decree 101/2018 of July 3
• Canary Islands: Decree 113/2015 of May 22
• Autonomous Community of Extremadura: Law 2/2011 of January 31, 2011
• Madrid: Decree 79/2014 of July 10

It is important to know the legal regulations in the territory where your holiday home for tourist purposes is located. In addition, you must take into account the municipal requirements, since in Spain there may be specific requirements requesting additional documents or establishing restrictions.

Most important local regulations in Catalonia, Balearic Islands, Madrid, Valencian Community, Andalusia and Asturias

Local regulations for holiday rentals in Spain may vary between the different autonomous communities and municipalities.

Catalonia

This autonomous community establishes its regulations under Decree 159/2012, owners must obtain the tourist license through a series of steps, and the accommodation must meet quality and habitability requirements within a maximum of 31 consecutive days. Also included are aspects such as:

• Tourist housing must comply with safe infrastructures and quality furnishings. 
• The hygiene of the installation is essential, as is the air conditioning. 
• Inform guests of the existence of the tourist tax, which depends on the category and classification of the accommodation.
• All advertising media must contain truthful information about the rental and promotional services.

Balearic Islands

In this area, the Tourism Law of the Balearic Islands is applied as established in Law 6/2017, of July 31. The regulations are strict, as they seek to boost sustainable tourism and take care of the natural areas of the islands.

• The Law establishes a limit on the number of tourist-use dwellings marketed in saturated zones.
• Prohibition of the creation of new tourist sites in certain areas. 
• Restrictions on the marketing of homes that do not comply with legal requirements.
• Verification and control of the supply of tourist housing on platforms to ensure compliance with legal requirements.

Madrid

Decree 79/2014, of July 10 and the Special Plan for the Regulation of Lodging Use (PERUH) in the city of Madrid function as specific regulations to regulate tourist rentals. These establish the requirements for obtaining the tourist activity license, limiting vacancies and complying with security and location restrictions. Other legal aspects must also be considered, such as:

• Bring the necessary documentation to the Madrid City Hall.
• Maintain furniture in excellent condition.
• The municipality is responsible for carrying out inspections to prevent illegal rentals.
• If the tourist housing fails to comply with the established regulations, penalties may be applied.

Valencian Community

Decree 10/2021, of January 22 is in charge of regulating tourist accommodation services and their classification with the provision of equipment offered. Among the regulations established, the following stand out:

• All dwellings for tourist use must have their distinctive sign and classification on the outside.
• Every owner must have a tourism license.
• Rentals must be covered by liability insurance.
• They must meet quality and safety requirements.
• To have an excellent zoning indicating the total surface of the room. 

Andalusia

All dwellings for tourist use in Andalusia must follow the regulations of Decree 28/2016, while tourist apartments are governed by Decree 194/2010. Currently, some aspects to comply with are:

• Strict regulations on accessibility and minimum housing dimensions.
• In less regulated areas, the municipalities carry out the corresponding inspections and issue licenses.
• All dwellings and apartments must be registered with the Andalusian Tourism Registry.
• Technical and safety standards must be complied with.
• The owners must ensure the adequacy of the facilities, and guests must comply with the rules of coexistence respecting the property.
• Owners are obliged to provide truthful information about the characteristics of the property.

Asturias

holiday rentals in Asturias must comply with the regulations of Decree 48/2016, of August 10, which reformed the regulations of Law 29/1994, of November 24. Among its requirements, it establishes: 

• Regulation of the activity of tourist accommodations in the modalities of holiday homes or dwellings for tourist use.
• All tourism intermediary companies, travel agencies, rental managers, owners and other managers must have a tourism license to offer the establishment through virtual channels such as websites, marketplace or any channel that allows the rental of accommodation in the territory.
• The minimum equipment that must be included in the rentals are:
  • Evacuation of wastewater.
  • Drinking water supply.
  • Public garbage collection service by the municipality.
  • Heating.
  • First aid kit and fire extinguisher.
  • Telephone guide for guests with numbers of firefighters, police centres, and hospitals, among others.
  • Bedrooms must have natural light and at least one bed with a minimum width of 0.8 and 1.35 meters.
  • The kitchen and bedrooms must have views of the patio or outside.
• Upon check-in, they must verify guest information and communicate the established rates for additional services.

What happens when the autonomous community, municipality or region lacks specific regulations?

When these cases occur, the Urban Leases Law (LAU) is applied, which consists of:

• The owner provides the guest with a temporary assignment of the entire dwelling or by rooms. 
• All properties must be in excellent hygienic and safe conditions for immediate use by tourists.
• The rental may be promoted through websites, directories or other verified marketing media.
• It should be noted that the minimum duration of contracts is 3 years, but it is possible to reach a contract agreement with the guest.
• Renovations may be made to the property with prior notice from the guest.
• All housing expenses such as restorations or damages are the responsibility of the owner.
• There is a price list, which can only be modified by the owner.

What are the consequences of illegal renting in Spain?

These include administrative and legal issues. Let’s get to know them!

• Closure and closure: In serious cases of infringement, the competent body may order the closure and closure of the tourist dwelling. 
• Administrative sanctions: The authorities may impose administrative sanctions that include significant economic fines varying according to the regulations of each autonomous community.
• Legal liability: The illegal landlord may be held legally liable for damages caused to tenants or third parties, involving civil lawsuits.

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