The new holiday rental regulations: a significant change in the sector

In 2025, Spain introduced important changes in its regulations regarding holiday rentals, with the aim of reconciling the boom in the tourism sector with the rights of residents and their right to access to housing. These changes affect mainly to homeowners as well to rental platforms and community of owners through all the country.

The first important legislative change affecting holiday rentals, is that as of 3rd of April 2025 property owners whose property belongs to a Community of Owners are required to obtain a specific authorization at an Annual General Meeting (AGM) before offering their properties for tourist rentals. Approval of the agreement requires a favourable vote of three-fifths of the votes and participation quotas. If the activity is permitted, the neighbours may stipulate an increase in the community fees up to twenty percent of the existing fee.

This legislative change closes a debate that has been resolved by the Supreme Court on several occasions establishing that the community of owners could prohibit tourist rentals if such restrictions were explicitly stated in their bylaws. This new legislative change, also ensures that property owners who were already operating tourist rental activities before this law came into force and who complied with the current sector regulations, may continue such activities under the previously established conditions and timeframes. This seeks to avoid the retroactive application of the new restrictions except in cases where sector regulations are not complied with. These reforms strengthen the regulation of tourist rentals, providing communities of owners with greater tools to manage their impact. It is therefore essential to revise the existing bylaws of the community and the community agreements in place to line up with the new legal requirements.

Another important change is that on 2nd January 2025, Spain introduced the National Registry of Tourism and Seasonal Rentals, which requires the registration of all short-term rental properties. This initiative aims to regulate the market, prevent unlicensed rentals and improve tax compliance. The said registration is compulsory, and all properties intended for vacation or seasonal rentals must be registered and assigned a unique identification number. All rental platforms must ensure that all listed properties display a valid registration number. Owners must renew their registration annually and provide rental activity reports. The new system will be fully operational as of 1st of July 2025 and properties that fail to register within the established time frame, may result in penalties and cancellation of future rental activity. One thing to take into consideration is that the title of existing licenses cannot be transferred to a new owner, having to comply with the new regulations in place that may affect the new inscription.

In addition to national regulations, several Spanish cities are also implementing local restrictions on holiday rentals through their Town Halls. For example, Málaga Town Hall has imposed a three-year freeze on tourist rental licences in 43 districts where holiday rentals exceed more than eight percent of the existing housing supply. Each city or town may apply additional conditions, so it is critical that homeowners stay up to date with local requirements.

To add to all these new changes, we must take into consideration that as of December 2024, all holiday rental providers must collect and report additional guest data for security and tax purposes. The new regulations require the detailed collection of personal data, including full names, passports or identity cards and addresses of all guests as well as payment information, which must be reported to the Spanish authorities. This measure aims to improve transparency and accountability in the holiday rental sector.

To ensure compliance with the new regulations and avoid potential penalties, owners should:

• Obtain the explicit authorization from the community of owners before offering their properties as a holiday rental

• Register their properties and ensure they are registered both in the regional system (Junta de Andalucia) and the national system (Registro Unico) and obtain a unique identification number

• Stay informed on local and regional regulations that may affect your rental activities

• Maintain accurate records and collect and report guest data as required by law to ensure transparency and compliance

By taking these steps, homeowners can adapt to the changing regulatory scenario and can continue to operate their holiday rental properties legally and successfully in Spain.

To resume, the new holiday rental regulations in Spain represent a significant change in the sector’s regulation, seeking to balance the interests of owners, tenants and tourists and guarantee a fairer and more transparent market. It is essential that owners keep themselves informed and comply with these requirements to avoid penalties and ensure the success of their rental.

At De Cotta Law we help property owners to meet these new obligations and to fully understand them. Please feel free to contact us on +34 952 931 781 or send us an email to: mijas@decottalaw.net

Beatriz Rodríguez Trapote

Senior Conveyancer