Overview: Tourist Rentals Under Tighter Control
Spain has introduced stricter regulations on short-term tourist rentals to address housing shortages, rising rents, and neighborhood complaints.
These rules impact:
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🏘️ Property owners on Airbnb & Booking.com
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🌍 Non-resident landlords
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📌 Cities like Barcelona, Madrid, Valencia, Palma, and Málaga
📢 At Borderless Lawyers, we help landlords stay compliant with evolving local and national laws.
🧾 What’s Changing in Tourist Rental Regulations?
🏛️ 1. Regional Licensing Requirements
Each autonomous community sets its own tourist rental laws. Common rules now include:
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Mandatory Tourist License (VUT / VT)
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Property inspections and quality requirements
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Display of registration numbers in listings
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Legal limits on number of guests or rental days
🚫 Unlicensed rentals can result in fines between €3,000 – €60,000, especially in protected zones.
🗺️ 2. Tourist Rental Bans in Certain Areas
High-demand cities have started restricting or banning short-term lets:
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Barcelona: No new tourist licenses since 2015
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Palma de Mallorca: Bans on flats in residential buildings
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Valencia: Zoned bans and tighter enforcement
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Madrid: Only ground-floor and street-access units allowed in some districts
📌 Municipal plans are evolving. We monitor these changes for clients.
🏢 3. Building and Community Approval
In many regions (e.g. Madrid, Andalusia), community of owners (comunidad de propietarios) can block tourist lets by a 3/5 majority vote.
🚪 You may need express authorization or proof the activity does not disturb neighbors.
📊 4. Rental Duration & Limits
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Most areas prohibit rentals shorter than 2–5 days
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Rental duration limits (e.g. 90 days/year in some zones)
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Guests must be registered with the national police
🛑 Properties that violate these limits may lose eligibility for rental income or be deregistered.
💶 Taxation on Tourist Rental Income in Spain
If you rent short-term to tourists:
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Declare income quarterly if non-resident
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Deductible expenses allowed for EU/EEA residents
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19% tax for EU/EEA; 24% for non-EU
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Must file Modelo 210 for rental income
📈 Spanish Tax Agency is now using Airbnb/Booking.com data to track compliance.
🔐 Legal Obligations for Tourist Rental Owners
As a tourist rental owner, you must:
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🔐 Register guests with the police via Webpol
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📑 Provide invoice or contract to tenants
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💼 Insure the property against damage and liability
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🧯 Meet safety standards (fire extinguisher, evacuation plan, etc.)
🌍 Case Example: Dubai-Based Owner in Madrid
We advised a UAE-based client with an apartment in central Madrid. Their building’s community rejected short-term lets. We assisted them in:
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Switching to mid-term (30–90 days) corporate lets
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Securing proper tax registration and digital certificate
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Structuring income through a Spanish SL for tax optimization
⚖️ How Borderless Lawyers Can Help
Our legal services include:
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✅ Checking local tourist license rules
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✅ Drafting compliant rental contracts
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✅ Applying for VUT permits or adapting use
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✅ Filing taxes and digital certificates for foreign owners
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✅ Handling disputes with communities or town halls
📞 Stay Legal While Earning from Rentals in Spain
Spain’s tourist rental rules are complex—and changing. We help foreign owners stay profitable and compliant with all national and regional obligations.