«NEW ROYAL DECREE FOR TOURIST RENTALS»
The Government has been carrying out various interventions in the housing sector in view of the increasing difficulty of access to housing by the Spanish population. A situation derived from the increase in the rental and sale prices of homes in a market that increasingly finds more forms of business, such as seasonal rentals or tourist-use homes.
These interventions have as their main purpose, to regulate the situation. Among the measures already adopted is Royal Decree-Law 7/2019 on urgent measures in housing and rental matters, and Law 49/1960 on horizontal property was also modified to control the use of tourist-use homes.
For its part, the Public Business Entity of Land (SEPES) established measures such as the promotion of urban development and the construction of affordable rental housing.
Specifically, this Royal Decree aims to create a Digital Single Window for Leases and develop the single rental registration procedure for the collection of data relating to short-term accommodation rental services.
In accordance with Law 29/1994 of November 24 and Regulation 2024/1028 of the European Parliament and of the Council of April 11, 2024, short-term accommodation rental services must comply with the following:
1- They must have as their main purpose a purpose other than that of renting a home, derived from temporary causes such as vacations.
2- They must have the appropriate equipment for the temporary use of the unit.
For its part, the landlord must comply with the following:
1- Obtain in advance the registration number in the Property Registry or in the Personal Property Registry, which will be granted automatically by providing the necessary documentation.
2- Meet the requirements.
3- Update the information provided.
4- Communicate the registration number.
THE SINGLE REGISTRY OF TENANTS
As for the Single Registry of Tenants, it will be carried out through the Property Registry or the Personal Property Registry.
THE REGISTRATION PROCEDURE AND APPLICATION FOR THE REGISTRATION NUMBER
The registration procedure will be initiated at the request of the interested party at the electronic headquarters of the College of Property and Commercial Registrars of Spain, attaching the documentation through identification and signature systems such as electronic certificates or codes.
The application must include the address of the unit, the Unique Registry Code and the cadastral reference, as well as the type of unit.
The part of the unit being offered, whether it is part or all of it, and the maximum number of tenants will also be specified.
It will also specify whether the unit is subject to a system of enabling title (such as an authorisation), unless the legislation subjects such actions to a system of prior communication or responsible declaration, in which case said documents would be replaced by those proving that the declaration has been made.
In addition, the category and type of lease will be specified, choosing between three possibilities:
1- Estates, rooms or partial units intended for short-term rental for NON-TOURIST purposes.
2- Estates, rooms or partial units intended for short-term rental for TOURIST purposes.
3- Floating boats or other properties intended for SHORT-TERM accommodation.