A Plot Twist in Vacation Rentals: Spain's Supreme Court annuls the NRA for Tourist Homes
The short-term rental market in Spain has just experienced another legal earthquake.
The Supreme Court has issued a landmark ruling declaring the nullity of the Rental Registration Number (NRA) for short-term rentals (originally regulated by Royal Decree 1312/2024) — a measure pushed by the central government that forced owners to obtain a nationwide registration code with the Land Registry, before listing their properties on digital platforms.
Why did the Supreme Court annul the Rental Registration Number?
The core of the Supreme Court’s ruling lies in a conflict of powers. The court made it clear that the Spanish central government lacks the constitutional authority to impose a centralized registration system that duplicates or overlaps with the exclusive powers that the Spanish Constitution grants to the Autonomous Communities (regions) regarding tourism and regional planning.
Although the central executive attempted to shield the measure under Article 149.1.18 of the Constitution (which deals with the regulation of public registries and instruments) and justified its creation by invoking European Regulation (EU) 2024/1028, the Supreme Court dismantled both arguments:
- Encroachment on regional competences: The court determined that the state regulation exceeded what is considered “basic rules” or “coordination measures,” directly invading regional administrative management.
- The European pretext: The judiciary clarified that while EU regulations demand efficient data collection systems, they by no means dictate that this registry must be centrally managed by the state, emphasizing that each member state’s internal territorial structure must be respected.
What changes and what stays in force?
It is vital to understand that the Supreme Court did not strike down the Royal Decree in its entirety, but rather partially. However, this partial annulment directly hits the administrative core that most worried the sector.
What is ANNULLED:
- The National Registration Number or Rental Registration Number (NRA): Landlords no longer need to go through the national bureaucratic process with the Land Registry to obtain an identification number to market their properties on online platforms.
- It eliminates administrative duplications that forced owners—who were already strictly complying with regional laws—to apply for a new, centralized state authorization.
What STAYS in Force:
- The Digital Single Window: The technological infrastructure designed to collect and transfer data from booking platforms to the Administration moves forward under the management of the Ministry of Housing and Urban Agenda. However, instead of drawing from a brand-new state-owned registry, it will connect and interoperate directly with the existing tourism registries of each Autonomous Community.
Conclusion: The ball is back in the Regions’ Court
With this judicial setback, the Supreme Court returns full power over the control, inspection, and regulation of tourist homes (VUTs) and seasonal rentals to regional and municipal governments. They alone will be responsible for managing their own censos and ensuring compliance with the law.
For property owners, the golden rule goes back to being simple: the regulation that rules your property is the one from your Autonomous Community.
Are you a tourist or seasonal rental property owner in Spain? How has the implementation (and now annulment) of this registry affected you? Are you planning to register your property in your regional Tourism Registry? Contact us and we would be delighted to assist.
