New rules for Tourist Accommodation: How does the One-Stop Shop affect the Property Registry?

Short-term rentals in Spain have grown exponentially in recent years, generating intense debate about their impact on the Real Estate Market, housing affordability, and neighbourhood coexistence. On January 2nd, 2025, Royal Decree 1312/2024 was approved, introducing the Digital One-Stop Shop for Rentals and a new mandatory Registration System for these rentals. It will not come into effect until July 1, 2025, a period in which holiday homeowners must make the necessary adjustments.

What changes with the new regulations?

The Royal Decree aims to comply with European Regulation 2024/1028, which establishes a common framework for regulating short-term rentals in the European Union. Its application covers all rental properties for less than one year, regardless of whether they are Tourist Properties.

The One-Stop Shop will be managed by the Ministry of Housing and Urban Agenda, which will receive data from two key places:

1. Marketing platforms, who must verify that the properties comply with the regulations before publishing them.
2. The Property Register, responsible for granting a unique Rental Registration Number, essential for the legal marketing of a property.

What is the role of the Property Registry in Tourist Rentals?

One of the most important changes in this reform is the direct involvement of the Property Registry in the regulation of Tourist Seasonal Rentals. Starting January 2nd, anyone wishing to rent their home for short periods must obtain a Unique Rental Registration Number through the online office of the Association of Registrars. This code will be mandatory for listing the property on digital platforms and must be included in public rental information.

However, not all the properties will be able to obtain this number. There are restrictions that may prevent registration, such as:

1. Failure to comply with Regional or Municipal requirements, including obtaining necessary Licenses.
2. The statutory prohibition registered in the Property Registry, imposed by the community of owners.

On this last point, it is worth highlighting Supreme Court ruling 1643/2023, which upholds the right of homeowners’ Associations to prohibit the Tourist use of a property with the support of three-fifths of the owners, if the bylaws establish restrictions on the exercise of commercial activities on the property.

Furthermore, starting April 3rd, 2025, with the reform of the Horizontal Property Law, express authorization from the homeowners’ association will be required to allocate a property for Tourist or Seasonal Rentals.

However, properties that already have a License and authorization before that date will not need to comply with this new requirement. For new applications, a Certification from the property manager attesting to the community’s approval will be required. If there is a prior statutory prohibition, it can only be modified by an agreement amending the Community’s bylaws.

Therefore, some property owners may see this new regulation as an additional barrier to making their properties profitable through short-term rentals, especially in residential communities where there is widespread opposition.

The entry into force of Royal Decree 1312/2024 marks a turning point in the Regulation of Tourist Seasonal and Rentals in Spain. This reform poses challenges for property owners, who must comply with this new Legal requirement and, in some cases, have the support of their homeowners’ association.