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Laws governing the rental of holiday homes in autonomous regions of Spain

Holiday tourist rentals Spain

Holiday tourist rentals Spain

Over a year ago the Spanish government passed a new law limiting the rental of tourist homes during the holiday periods, whilst also yielding its regulation to the different autonomous regions of Spain. Today, each region legislates differently, for example, in the Balearics; the regional government has restricted practically all forms of holiday rentals. Others, have begun fining owners of holiday homes without having an approved legislation in place (as is the case in Andalusia).

Here is a glossary of the situation so far in each regional area.

Current variations of the regional regulations governing the rental of tourist accommodation in Spain:

  • Andalusia: Approval of the future law is planned for January 2015. The Andalucian draft proposes to regulate tourist rental housing through the letting of individual rooms (B&B).  They will also be considering the rental of tourist apartments, as well as for complexes with 3 or more homes operated by the same operator within a 1 km. radius, implying that in these cases the owner will have to meet stricter requirements.
  • Aragon: Final approval of their future law is imminent (Individual room rentals, i.e. B&B – are prohibited).
  • Asturias: You must provide the rental service during the months of July, August and September. This means that you cannot rent the remaining months of the year if you don’t offer the service during the summer, i.e. if owners in Asturias wish to attract tourists to their beach homes, they will have to refrain from using their own properties themselves between July and September.
  • Furthermore, in Asturias they don’t recognize holiday rentals of individual apartments within an apartment building for tourist rental use.
  • Balearics: Shortly, a new set of regulations will be implemented governing the use of property for tourist rental purposes. As in Asturias, the same applies in the Balearics as they don’t recognize either holiday rentals of individual apartments within an apartment building. Nor do they recognize duplex apartments (and it would appear that any changes are unlikely).
  • Canary Islands: A new law is currently being drafted. In the meantime, the rental of tourist homes requires authorization by the property owners’ association of the building, complex or urbanisation.
  • Cantabria: In order to exercise the right to rent out “offsite hotel accommodation”, an owner must be registered for tax purposes and inscribed in the Spanish Social Security system. Although at first glance this would appear a logical step, it does limit those with special circumstances, such as pensioners who can’t register, or even allow their children to act on their behalf as they don’t have titled ownership of the property.
  • Castilla-La Mancha: There are no special laws in place for tourist property rentals.
  • Castile and Leon: There are no special laws in place for tourist property rentals.
  • Catalonia: The holder of a tourist housing license has to charge their guests an overnight tax for stays in tourist establishments of Catalonia (tourist tax). In addition, they must ensure that they don’t infringe any rules or regulations laid down by the community of property owners of the building, complex or urbanisation.
  • And in Barcelona, the council has frozen, for the moment, all licenses for tourist apartments throughout the city (before it only applied to the more popular tourist areas).
  • Valencia Region: Registration is not mandatory for those renting a single dwelling for tourist use. However, in such cases, it is the property owner’s duty to clearly state in any publicity and advertising of the property, that it’s not registered by the Valencia Ministry of Tourism.
  • However, we have been informed by the Valencia town hall, that in previous circumstances whereby private and officially licensed holiday properties fell within the same building, the latter can now no longer be available on the same floor or be located above a private individual abode.
  • Basque Country: A new draft is being prepared. Currently, tourism regulations exclude the rental of one individual property, requiring that the operator has at least two or more properties devoted to tourist rentals.
  • Extremadura: There are no special laws in place for tourist property rentals.
  • Galicia: Here they allow the holiday rental of detached properties, but prohibit individual room rentals (B&B).
  • La Rioja: There are no special laws in place for tourist property rentals.
  • Madrid: Tourist apartments cannot be rented for less than five days and it is also prohibited to rent out individual rooms (B&B).
  • Murcia: There are no special laws in place for tourist property rentals.
  • Navarra: There are no special laws in place for tourist property rentals.

Article translated from the original version published by idealista.com

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9 comments on “Laws governing the rental of holiday homes in autonomous regions of Spain

  1. Here is an update governing the rental of holiday properties by the Junta de Andalucia:

    A great deal has been written about the regulations and laws governing the use of tourist apartments and renting property to tourists and visitors. Many of you will have heard about a new Registry for tourist accommodation. The founding law in Andalucia is the Ley 13/2011 which clearly defines the establishments, businesses and properties that come within the tourist law.

    Read the full article: http://decottalaw.com/holiday-rentals-update/

  2. UPDATE: Here is an update on private rental laws in Barcelona: Barcelona tourist licence moratorium extended another year. Barcelona City Hall has quietly extended for another year a moratorium on all new licences for tourist accommodation, including hotels and tourist rental flats in Barcelona: http://www.spanishpropertyinsight.com/2016/03/16/barcelona-tourist-licence-moratorium-extended-another-year/?utm_source=Spanish+Property+Insight+News+Bulletin&utm_campaign=cb6ccb5340-SPI_NB120316&utm_medium=email&utm_term=0_5c1bbc37e8-cb6ccb5340-137989137

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