Here are Spain’s new short-term rental rules « Euro Weekly News

Protesters used water guns against unsuspecting tourists in Barcelona and in Mallorca as they marched to demand a redesign of an economic model they believe is fueling a housing crunch and erasing the character of their hometowns.

Their demonstration could indicate that a new rule that came into effect on April 3rd, forcing homeowners across Spain to obtain consent from at least 60 per cent of their building’s residents before offering short-term tourist rentals, is not working.

“The squirt guns are to bother the tourists a bit,” Andreu Martínez told AP in Barcelona with a chuckle after spritzing a couple seated at an outdoor café. “Barcelona has been handed to the tourists. This is a fight to give Barcelona back to its residents.”

Thousands protested on Sunday in several other Spanish cities, and the general sentiment is that Spaniards are not protesting against tourists, but rather against government policies that are not helping to control overtourism, which, in their opinion, is responsible for the housing crisis.

Ten of thousands in 2024

In November 2024, tens of thousands of Spaniards marched in downtown Barcelona to protest the skyrocketing cost of renting an apartment in the popular tourist hotspot.

Earlier this month, Bankinter reported that rental prices in Spain rose 9.9 per cent year-over-year in May.

On May 11th, the real estate website Idealist released a statement stating that Spaniards need more income to rent than to buy. A single person needs to earn 18,000 euros net per year to buy a studio, but 32,000 euros if they want to rent.

In another statement highlighting the growing issue of tourist rentals, Idealista reported that rental offerings nationwide had decreased by 3 per cent, while seasonal rentals had increased by 25 per cent. However, six days later, Idealista published another report stating that the supply of housing in the permanent rental market had decreased by 17 per cent over the past two years.

The new short-term rental rule

The Spanish government’s rule, introduced in April, was intended to alleviate this issue partially, so it is essential to keep the details in mind if you are considering or are already renting seasonal tourist units.

Key Legislative Changes Affecting Short-Term Rentals

Mandatory Community Approval

As of 3 April 2025, Organic Law 1/2025 amends the Horizontal Property Law, requiring homeowners within a community of owners (Comunidad de Propietarios) to vote and expressly approve holiday lets in their buildings. A minimum 60 per cent majority vote is needed to prohibit or restrict them.

Recommended Actions:

Call a community meeting and make sure holiday lets are on the agenda.
Gather at least 60 per cent in support.
Allow for a 20-day window afterwards for any further complaints or appeals.
Properties that already held a tourist license before 3 April 2025 are not affected by these new community approval measures.

Establishment of a National Registry for Tourist Rentals

Starting 2 January 2025, all holiday lets must be listed in a new National Registry for Tourist and Seasonal Rentals. This is intended to reduce unlawful lets and ensure that taxes are paid correctly.

Key Aspects:

All holiday lets must be registered and issued a unique identification number.
Booking platforms must ensure that every listed rental displays its registration number.
Registrations will need to be renewed annually, along with the submission of rental activity reports.
The new register will be fully operational by 1 July 2025, and properties not on it may be removed from platforms or face fines.

Enhanced Authority for Homeowners’ Associations

This new legislation also strengthens homeowners’ associations’ ability to prohibit or restrict holiday lets in their buildings with a 60% majority vote.

Local and Regional Rental Restriction

Some cities and autonomous communities are adding their own controls:

Málaga: A freeze on new tourist rental licences in 43 districts where holiday lets account for more than 8% of available properties.
Barcelona: Plans to cut 10,000 tourist apartments by 2028 and bring them back into the long-term rental market.
Seville: Strict penalties for unlawful holiday lets, including cutting off utility services.
Additional conditions may apply at the regional level; homeowners should stay up-to-date with the regulations in their area.

New Data Collection Requirements for Tourist Rentals

As of December 2024, holiday rental providers are required to collect and submit additional information, including the full names, addresses, and payment details of their guests. This is intended to facilitate oversight and ensure everything is above board.

Advice for Property Owners

To make sure you’re on the right side of the new regulations:

Register your property and get your registration number.
Obtain community approval if you’re in a homeowners’ association.
Stay up-to-date with rules at both the local and regional levels.
Keep accurate records of your guests’ details in case you need to submit them to the authorities.

Getting these things right can make all the difference — and enable you to continue offering holiday lets safely, transparently, and with peace of mind.