Do You Need a Licence to Rent Out Your Holiday Home in Spain?
If you are a property owner considering renting out your holiday home in Spain, it is important to understand the legal landscape. With tourism booming, regional governments have tightened rules, and in many cases, a licence is mandatory before you can legally advertise or rent out your property. Here is what you need to know about holiday home regulations in Spain.
Holiday Rentals: A Regulated Activity
In Spain, short-term rentals—a term which varies from region to region—are treated differently from long-term leases. Renting out your property to tourists is considered a commercial activity and is therefore subject to specific regulations and licensing requirements. However, these rules vary significantly by region, as each Autonomous Community (such as Andalusia, Valencia, or the Balearic Islands) sets its own standards.
Do You Need a Licence?
In most regions, yes. Before you list your property on platforms like Airbnb or Booking.com, you typically must register it with the local tourism authority. Once registered, you will receive a licence number that must be included in all advertisements. Failure to do so can lead to heavy fines.
Here is a brief overview of licensing requirements in popular regions:
- Andalucia: You must register your property with the Registro de Turismo de Andalucía. The property must meet certain quality and safety standards.
- Balearic Islands: Extremely strict regulations. In many areas, licences are capped or unavailable due to local moratoriums.
- Catalonia: Requires a Habitatge d’Ús Turístic (HUT) licence. Properties must meet technical and occupancy standards.
- Madrid: Also requires registration and compliance with accessibility and safety regulations.
- Murcia: Properties used for tourist rentals must be registered with the Registro de Empresas y Actividades Turísticas. A responsible declaration (declaración responsable) is required, and properties must meet habitability and safety conditions.
- Comunidad Valenciana: Requires registration with the Registro de Turismo de la Comunidad Valenciana. You must first obtain a certificate of compatibility (certificado de compatibilidad urbanística) from the local council before submitting your application. Strict fines apply for non-compliance.
Currently, major rental platforms are legally required to request two key identifiers before allowing you to publish your listing:
- The regional registration number, issued by the tourism registry of your Autonomous Community (e.g., VUT/MA/XXXXX, HUTB-XXXX).
- From 1 July 2025, a new national property registry code, issued by the Colegio de Registradores, will also be compulsory.
This national code will be a unique alphanumeric identifier assigned through the Property Registry system (Registro de la Propiedad). It will be required by law for online rental listings and will be used to track ownership, location, and compliance.
Mandatory Approval from the Community of Owners (From 3 April 2025)
A major update in Spanish national housing law now allows communities of owners (comunidades de propietarios) to limit or prohibit holiday rentals within their building or urbanisation. As of 3 April 2025, you will need express approval from the community before applying for or renewing your rental licence. This adds a crucial legal step, especially in apartment complexes, and will become a key part of holiday home regulations in Spain.
Tax and Legal Obligations
Renting out your holiday home comes with tax implications. Non-resident owners must declare rental income in Spain, and local authorities may impose tourist taxes and extra contribution on garbage tax. You must also comply with guest registration procedures, issue legal invoices, and respect local noise and occupancy rules.
Why Legal Advice Matters
Given the complexity and evolving nature of holiday home regulations in Spain, it is essential to get legal guidance. Navigating bureaucracy, dealing with communities of owners, and staying ahead of national reforms can be challenging without professional support.
Thinking of renting out your holiday home in Spain or investing in a rental property?
At My Lawyer in Spain, our team of English-speaking lawyers can guide you through the licensing process, community approvals, and registration requirements. Contact us today for expert legal support tailored to your region.
