The information provided on the sworn statement signed by the owner must be accurate and truthful. Otherwise, there is a risk of being fined and removed from the registry, which would prohibit renting out the property under this scheme. Applications for this license are made through online, through an attorney or the use of a digital tool called "Digital Certificate". Some Town Halls may impose restrictions on the maximum number of tourist rental properties per building, sector, area, period, or zone, but these limitations do not apply retroactively. The following situations are not covered under the Holiday Rental scheme and are regulated differently:
- The owner does not receive any rental income.
- The property is rented for more than 2 months.
- The property is located in rural areas.
- Hotel establishments or tourist apartments.
- The owner offers hospitality services to guests.
NATIONAL RENTAL REGISTRATION
This registration applies to tourist rentals, seasonal rentals, room rentals, or other properties offering short-term accommodations in exchange for payment, as long as they are advertised through online platforms. Owners must obtain a national registration number for their rental property. This new ID or reference will be required by web platforms (such as AirBNB or Booking) starting from July 1st, 2025. Without this registration, web platforms cannot advertise the rental property. The registration process can be initiated upon request and is processed through online means by the Association of Registrars or in person at the Land Registry corresponding to the property. The application must include complete information on the property, whether it is rented as a whole or by individual rooms, the maximum number of guests, proof of a valid regional holiday rental license (VUT license in the case of Andalusia), and the category.
Once the Land Registry has verified all the necessary documentation and confirmed that there are no restrictions from the community of owners, they will assign and notify the national registration number. A fee of €27.00 plus VAT will be charged for issuing the national registration number. Once obtained, the owner must provide this number to their web platform for the rental property to be advertised.
ADDITIONAL DETAILS ON EXPRESS APPROVAL FROM THE OWNER'S COMMUNITY
The main regulations regarding the owner's community are as follows:
- The express approval of the community is required to rent out the property as a tourist or holiday rental. If a property is being rented out without this consent, the community's president can demand that the activity be stopped.
- A three-fifths majority vote from all owners is needed to limit, prohibit, or approve tourist or holiday rentals. The same majority vote is required to establish special fees or increase common expenses for properties being used for these activities, as long as the increase does not exceed 20%.
- These agreements do not apply retroactively to owners who were already renting out their property as a holiday home. Therefore, owners who are currently renting out their property through web platforms and have a valid regional license (such as a VUT license in Andalusia) and national registration number can continue to do so according to the regulations and deadlines in place.
