Renting a home to tourists is a regulated activity. The rules vary by region and municipality, and have changed a lot in recent years. This guide summarises the requirements worth checking before you start.
This information is for guidance only and is not a substitute for legal advice. Regulations change often: always confirm the requirements in force in your region and with your local council.
The layers of regulation that affect your property
There's no single rule for all of Spain. Your property is subject to national, regional, municipal and community rules at the same time.
1. Your region's tourism regulations
Each region regulates holiday homes in its own way. They usually require authorisation or registration in the regional tourism register, and set requirements for equipment, safety and guest support. Deadlines, conditions and zoning restrictions differ in Andalusia, Madrid or any other region.
2. Single rental registration number
At national level, there is a single rental register that assigns an identification number to short-term rental properties. This number must be shown on listings and platforms may require it to keep the listing live. The application is made online and normally requires regional authorisation first.
3. Guest registration
Holiday accommodation must collect guests' details and report them to the authorities, under Royal Decree 933/2021. This includes identifying adult travellers and reporting within the required time frame. It's a daily obligation and, if neglected, can lead to penalties.
4. Homeowners' association
If your property is in a building under horizontal property rules, check the community's statutes and current law. Horizontal property regulations have added specific requirements for tourist use in recent years, including the community's approval on certain terms. Before you start, ask the administrator for the minutes or a certificate and confirm what is required in your case.
5. Planning and local council
Some municipalities restrict or ban tourist use in certain areas or types of building. Check local planning rules and whether there are moratoriums, density limits or specific licences.
6. Taxation
Holiday rental income is taxable, and the treatment depends on your situation and the services you offer. Check with your tax adviser before you start and keep all documentation of income and expenses.
7. Safety and insurance
Depending on the region, safety items are required, such as a fire extinguisher, first-aid kit, emergency information and complaint forms. It's also advisable to have public liability insurance that covers the activity.
Checklist before publishing your listing
- Tourism authorisation or registration in your region.
- Single rental registration number.
- A system for guest registration.
- Approval from the homeowners' association, where applicable.
- Check of the municipality's planning rules.
- Public liability insurance and safety equipment.
- Tax advice.
Frequently asked questions
Do I need a licence even if I only rent for a few weeks a year?
It depends on the region and the length of the rental. Some regulations distinguish by period, others don't. Check the rules in force in your case.
What happens if I publish without the registration number?
Platforms may remove the listing and the activity may be penalised. It's best to have all the paperwork before publishing.
Can my homeowners' association ban holiday rentals?
The statutes and current law determine what is possible. Check the community minutes and, if in doubt, consult a lawyer specialising in horizontal property.
Who is responsible for guest registration if I hire a management company?
The owner remains the holder of the activity, but the company can take care of collecting and reporting the data. Put that responsibility in writing in the contract.
Why many owners delegate this part
Regulations are hard to keep up with and mistakes are costly: removed listings, penalties or cancelled bookings. A specialist company keeps the paperwork in order and adapts to changes. At Bhost we take care of licences and regulations so they are always up to date.
If you're considering delegating, you can also read how to choose a management company or when it pays to delegate. And if you'd like to know your property's potential, request your free profitability assessment.
