“THE SHORT-TERM RENTAL REGISTRY: ANOTHER MEASURE AGAINST LANDLORDS”
Since July 1st, it began to operate the European regulation governing short-term rentals (tourist or seasonal rentals) will come into effect in Spain, establishing a single mandatory registry for this type of rental.
This measure aims to regulate the housing market and curb fraud, as well as promote transparency in the sector.
In accordance with Regulation (EU) 2024/1028 of the European Parliament and of the Council of April 11, 2024, and Royal Decree 1312/2024 of December 23, which implements it, all properties intended for tourist or seasonal use will be required to have a registration code, with the aim of controlling this type of property and, at the same time, removing those operating without a license from the market. Accommodations that do not have this identification by early July will not be able to continue operating.
To facilitate the registration process and the identification of these properties, the Ministry of Housing and Urban Agenda has launched the Single Rental Registry, also designed to improve supervision by the competent authorities. In addition, a Digital One-Stop Rental Window has been created, which will centralize the procedures related to registration and data consultation, thus promoting more efficient and streamlined management.
How to apply for a registration number for short-term rentals subject to the regulation
Owners interested in obtaining a registration number can submit their applications from January 2, 2025, until July 1, when the regulation will take effect. To complete the application, which must be submitted to the Association of Registrars, it will be necessary to submit relevant documentation, including the cadastral reference, the exact address of the accommodation, and details about the rental type, whether full-unit or room-by-room.
Once the registration is validated, owners will receive an identification number that they must include visibly on the online remote contracting platforms where they offer their rental services, thus guaranteeing the official status of their homes on the market.
To support the implementation of this regulation, the Ministry of Housing has launched an information campaign to raise public awareness about the importance of this regulatory mechanism and provide the necessary information for proper compliance.
Legal Obligations for Affected Landlords
With the entry into force of the new rental registry, landlords must be fully aware of the legal obligations involved in offering short-term rental accommodation. These requirements are designed to ensure the protection of both landlords and tenants and include compliance with relevant local regulations.
Therefore, landlords must adhere to specific tax requirements, including reporting rental income and paying applicable taxes.
Consequences of Non-Compliance with Regulations
If the landlord fails to register their property, or if the information is incorrect or incomplete (and is not corrected within 7 days), the Ministry may revoke the property’s license and, therefore, remove it from the market.
Without this registration number, no property may be listed for short-term rentals. Therefore, if any owner violates this measure, they will be subject to financial penalties that vary depending on the autonomous community in which they are located. These fines can range from 2,000 euros to over half a million euros.
The reality is that just days before this new regulation comes into effect, the exact penalties and types of violations are unknown, and the competent authority for this situation has not been established. All of this is already generating doubts in the real estate sector. Since the Decree was approved, a void has remained that has not been clarified to this day. Many owners are wondering who the main competent authority (Government, Community, or City Council) is responsible for establishing these possible penalties.
Therefore, it is crucial that owners are aware of the relevant regulations and adhere to them to avoid negative repercussions. Staying informed about possible changes to the single seasonal rental registry is, ultimately, a vital recommendation for any landlord intending to provide short-term rental services on the online platforms described.