Short-term rental accommodation is experiencing a notable increase throughout the European Union, especially in Spain, driven by the growth of the economy of online platforms such as Airbnb or Booking.
The Council of Ministers, in order to establish a specific regulation to guarantee transparency and control over short-term rentals, approved on December 23, 2024, Royal Decree 1312/2024, which regulates the Single Rental Registry procedure for the collection and exchange of data related to short-term rental services (the “Royal Decree 1312/2014”).
A regulation that introduces the Single Registry of Leases and a Digital One-Stop Shop in Spain, adapting the Spanish legal system to Regulation (EU) 2024/1028 of the European Parliament and of the Council, of April 11, 2024.
Its main objective is to incorporate into the Property Registry and, where appropriate, into the Registry of Movable Property, the information related to short-term accommodation rental services, thus facilitating a rental market characterized by transparent and reliable information for all the actors involved in it.
Key points of Royal Decree 1312/2024:
- Scope of application.
The regulations, in force throughout the national territory, apply both to the services offered by online platforms and to hosts who rent short-term accommodation in Spain, regardless of where said platforms are established.
- Obligations for landlords.
Hosts who wish to offer their accommodations through online platforms must comply with the following obligations:
- Obtain a mandatory “Registration Number”: Register each unit in the Property Registry or in the Personal Property Registry, obtaining a Registration Number automatically and immediately.
- Communication of the Registration Number: Inform the online platforms about the assigned number, an essential requirement for publishing the advertisements on said online platforms. Short-term rental units cannot be marketed through online platforms without the aforementioned Registration Number.
- Obligations for online platforms.
Online platforms that mediate short-term rentals also have specific responsibilities:
- Verification of the registration: Implement functionalities that allow hosts to include the registration number corresponding to the accommodation and that it is clearly displayed as part of their advertisements and carry out random and periodic checks of the declarations of the lessors.
- Provide the Digital One-Stop Shop for Leases with detailed information on the activity of each unit. This includes Unit registration number, specific address of the accommodation, cadastral reference, and URL of the published advertisements.
- Digital One-Stop Shop for Leases.
A centralized system is created that will allow the reception, storage, and transmission of data by online platforms. In addition, it will provide technical access to the competent authorities, guaranteeing the ability of different systems, platforms, and authorities to communicate and share information efficiently and uniformly and control over the rental market.
- Single Lease Registry.
The procedure to register the units will be carried out at the request of the interested party, through the Property Registry or, where appropriate, the Movable Property Registry, thus ensuring uniform and accessible management.
The application may be made through the electronic headquarters of the College of Property and Commercial Registrars of Spain or directly in paper form at the Property Registry or the Movable Property Registry.
Royal Decree 1312/2024 entered into force on 2 January 2025, although its provisions will take effect from 1 July 2025. This period will allow the actors involved to make the necessary technological and functional adaptations.
Until a specific sanctioning regime for this regulation is approved, infringements will be regulated under the sanctioning regimes contemplated in state, regional and local regulations.
