and creates the Single Digital Desk for Leases for the collection and exchange of data relating to short-term accommodation rental services, published in BOE no. 309 of 24 December 2024, establishes a comprehensive regulatory framework for the regulation of tourist rentals in Spain. This decree increases the bureaucracy imposed on owners of short-term rental properties, with the aim – as stated in its explanatory memorandum – of ensuring transparency and compliance with current regulations.
Among the main provisions are the mandatory registration of properties in a single register and the creation of the Digital One-Stop-Shop for Leases, thus facilitating communication between rental platforms and the competent authorities.
The following is a schematic summary of the new obligations for owners of properties intended for tourist rental:
I. Single Registry of Leases
- Mandatory registration: All properties intended for short-term rental, including holiday homes and tourist villas, must be registered in the corresponding Land or Movable Property Register. This register is managed by the land registry where the property is registered.
- Registration procedure: The owner must fill in a form, attach the required documentation and submit it telematically or in person at the Registry.
- Obtaining the registration number: Upon submission of the documentation, a unique registration number will be assigned to each property or partial unit. This number is issued automatically and immediately. A fee must also be paid to the registry.
- Deadline: The deadline for obtaining the registration number is 1 July 2025. The letter mentions 2 July 2025, but the Royal Decree sets 1 July 2025 as the date on which the provisions of the Royal Decree enter into force.
- Consequences of not registering: Properties without a registration number cannot be advertised on digital rental platforms (such as Airbnb or Booking) or continue with the activity of tourist accommodation.
- Updating information: Landlords must update information about their registered units when there are changes.
II. Requirements for the application for a registration number
- Unit information: Provide the address, the Unique Registry Code, the cadastral reference (or NIB in the case of boats), the type of unit, whether it is the main or secondary residence, the maximum number of persons that can be accommodated, and whether you have the required licence.
- Rental categories: It must be specified whether the rental is for tourist or non-tourist purposes, or whether it is a vessel.
- Lessor’s details: The lessor’s name, surname, tax identification number, address, telephone number and e-mail address (if a natural person) or the company name, tax identification number, details of the legal representative, address, telephone number and e-mail address (if a legal person) are required.
- Declaration of compliance: It is necessary to declare that adequate equipment and furniture are available for the temporary use of the unit.
- Classified activities: Some authorities are considering that holiday homes must comply with the legislation on classified activities, which would involve submitting a prior communication to the town hall, a technical project and the payment of additional fees.
III. Operation of the Registry and the Digital One-Stop-Shop
- Land Registry/Property Register: The registry assigns a unique number for each property and tenancy category.
- Digital One-Stop-Shop for Rentals: This is the platform for communication between online rental platforms and the competent authorities. It depends on the Ministry of Housing and Urban Agenda. The rental platforms must transmit the activity data of the units to this window.
- Checks: Online rental platforms are obliged to verify that landlords provide the registration number and display it in advertisements. They also have to carry out random checks on the validity of these registration numbers. The Digital One-Stop-Shop facilitates this.
IV. Additional obligations
- Obligations of online platforms: Collect in their applications the registration number of each property. Ensure that this number is displayed on the advertisement. Send information about the unit’s activity to the One-Stop-Shop. Withdraw ads when ordered.
- Obligations of lessors: Obtain the registration number before offering their services on platforms. Communicate the number to the platforms. Comply with the authorities’ requests for information. Update the registered information.
- Information Form: An information form for short-term leases must be provided every twelve months.
V. Other aspects
- Penalty regime: Until the approval of a specific penalty regime, the penalties established in state, regional and local legislation will be applied.
- Access to data: The autonomous communities and city councils will have telematic access to the registry data and can establish consultation mechanisms with the Digital One-Stop-Shop.
- Voluntary registration: Voluntary registration is allowed for long-term leases.
- Collaboration: Collaboration between the Autonomous Communities, local councils and the Association of Registrars is promoted to facilitate the implementation of this Royal Decree.
In summary, Royal Decree 1312/2024 establishes a mandatory registration system for short-term rentals, creating the Digital One-Stop-Shop for Rentals to facilitate compliance with European regulations. However, it imposes numerous bureaucratic obligations on landlords.
ALL LAW has a wealth of experience in advising property owners on the mainland and the Canary Islands and is at your disposal to help you with all new procedures.