Open a Hotel in Spain: Legal & Business Guide for Foreign Investors

Why Open a Hotel in Spain?

Spain is one of the world’s top tourist destinations—welcoming millions of visitors to its cities, coastlines, and countryside each year. With a booming hospitality industry, opening a hotel in Spain is a strategic investment. Whether you’re developing a boutique hotel, a rural retreat, or a resort chain, our legal team helps you enter the market confidently and in full compliance with Spanish law.

Strategic location in Europe
Strong tourism and MICE sectors
Government incentives in rural zones and underdeveloped regions


📋 Legal Requirements to Open a Hotel in Spain

🏢 Choose the Business Structure

Most investors use one of the following legal forms:

  • SL (Sociedad Limitada) – Private Limited Company, ideal for small to mid-sized hotels

  • SA (Sociedad Anónima) – Public Limited Company, preferred for larger or investor-funded hotels

✅ We’ll help you register your company with the Registro Mercantil (Commercial Registry)


🏛️ Obtain Hotel & Hospitality Licenses

You must meet the requirements set by your autonomous region (e.g., Andalusia, Catalonia, Madrid):

  • 📝 Declaración Responsable (Responsible Declaration) for small hotels or rural tourism

  • 🏨 Licencia de Apertura (Opening License) and Categoría (Hotel Star Rating)

  • 🛡️ Health and safety inspections

  • 📐 Proof of accessible design and environmental compliance


🧾 Tax Registration & Compliance

  • Obtain NIF (Tax ID Number) for the company

  • Register for IVA (VAT) if offering services or food

  • Hotel businesses are subject to corporate tax (25%) and local business rates

📌 You may also need to collect and remit tourist tax depending on your region


🔍 Due Diligence Before Purchase or Lease

If you’re acquiring an existing hotel or converting a building, we conduct:

  • Title deed and land registry verification

  • License and zoning compliance review

  • Employment contracts and union obligations (if staff are transferred)

  • Environmental and accessibility audits

🏗️ For new builds, we coordinate with architects, engineers, and licensing boards


📑 Staff Hiring & Labor Compliance

  • Draft legal employment contracts

  • Comply with national and regional collective agreements (convenios colectivos)

  • Register employees with Spanish Social Security

  • Ensure compliance with working hours, safety, and overtime pay rules

👩‍🍳 Front desk, housekeeping, restaurant, and maintenance staff all require proper contracts


💡 Tip: Hospitality-Specific Business Models

You can also explore:

  • 🏠 Aparthotels

  • 🧳 Boutique and luxury concepts

  • 🌄 Eco-hotels and rural casas rurales

  • 🤝 Hotel franchise or management agreements


🌍 Foreign Investment Support

At Borderless Lawyers, we help you:

  • 🔍 Conduct legal due diligence

  • 📂 Structure your hotel company

  • 🧾 Register with tax and tourism authorities

  • 🏛️ Obtain licenses and permits

  • 🧑‍⚖️ Draft franchise or management contracts

  • 📈 Handle M&A or joint ventures in the hospitality space

🌐 We speak English, Spanish, Portuguese, Russian, and Arabic


💬 Real-World Example

Case: An Australian hospitality group acquired a historic building in Seville to develop a 4-star hotel. Our team handled the property due diligence, transfer of licenses, SL formation, zoning clearance, and employee contract transitions.


🚀 Start Your Hotel Business in Spain Today

Whether you’re a solo investor or part of a hospitality group, Borderless Lawyers provides full legal and business support to open your hotel in Spain efficiently.

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