How to Rent Out Your Property Legally in Spain – Tourist Licenses Explained

1. Understand the Difference: Short-Term vs Long-Term Rentals

Spain differentiates tourist rentals from standard residential tenancies.

• Long-term rentals (typically contracts of 12 months or more to tenants who use the property as a permanent home) are governed by Spain’s Urban Lease Law and generally do not require any special license. These are private agreements, and tenants obtain habitual residence rights.
  
  

• Short-term or holiday rentals (renting to tourists or visitors for days or weeks) are considered a commercial activity. These are subject to specific tourism regulations set by each Autonomous Community (region). If you plan to advertise on platforms like Airbnb or Booking.com and host vacationers, you likely fall into this category.
  
  

It’s critical to identify which category your rental falls into because the legal requirements differ significantly. This article focuses on the short-term tourist rental scenario, where licenses and other rules come into play.

2. Check Regional Regulations for Tourist Rentals

Spain’s regions each have their own tourism laws. The requirement for a tourist rental license (sometimes called a registration number) and the process to obtain it will depend on the property’s location:

• Andalusia: You must register the property with the Registro de Turismo de Andalucía. The property needs certain amenities (e.g., air conditioning in summer, heating in winter, first aid kit) and a license number is issued (format often “VFT/XX/0000” for Vivienda con Fines Turísticos).
  
  

• Catalonia: Requires a HUT license (Habitatge d’Ús Turístic). The property must meet habitability and safety standards and the license number (e.g., HUTB-####) must appear in listings.
  
  

• Balearic Islands (Mallorca, Ibiza, etc.): Very strict. Many areas have a cap on licenses or moratoriums (no new licenses available). Renting without a license here can attract extremely high fines.
  
  

• Valencia Community (Costa Blanca): You need to register with the Registro de Turismo de la Comunidad Valenciana and first obtain a local town hall certificate that the property’s location is eligible (some buildings or zones may be restricted).
  
  

• Madrid: Requires registration with the Tourism Registry of Madrid and compliance with basic quality and safety standards (like an official plaque at the door).
  
  

• Murcia, Canary Islands, etc.: Also have their own processes – generally involving a “responsible declaration” and registration number issuance.
  
  

Key point: In most regions a tourist license is mandatory before you rent to tourists. This license or registration number must be included in all advertisements or listings, as proof you are renting legally. Major rental platforms now ask hosts to provide this number.

New National Rental Registry (2025 Update)

Beyond regional rules, Spain is introducing a national registry for short-term rentals. Starting 1 July 2025, every tourist rental property will also need a unique national property registry code issued via the Land Registry. This code will link to ownership and ensure compliance. Additionally, from 3 April 2025, if your property is part of a community of owners (like an apartment building or condo complex), you will need approval from the community to rent to tourists. Communities can vote to restrict or forbid holiday rentals in the building under the new Housing Law.

These new requirements mean hosts must be even more diligent:

• Plan to register your property nationally (details to be confirmed by mid-2025).
  
  

• Check with your homeowner association whether they allow tourist lets. If not, renting could be blocked despite having a license.
  
  

3. How to Obtain a Tourist Rental License

Once you know your region’s requirements, follow the process to get your license before renting:

General process (varies by region):

1. Ensure your property meets criteria: Most regions specify minimum standards – e.g., adequate furniture, cooling/heating, safety (fire extinguisher, first aid kit), and occupancy limits (often two persons per bedroom, plus two more in a sofa-bed).
   
   

2. File an application or declaration: Some require an application to the tourism department, others a “Declaración Responsable” (a sworn statement that your property meets requirements). This is often done online or at the regional tourism office.
   
   

3. Local approvals: In some areas, you must get a town hall certificate confirming the property’s zoning allows tourist use (especially in Valencia region or parts of Catalonia).
   
   

4. Pay any fees: There might be a small fee for registration or issuance of the license.
   
   

5. Receive your registration number: After processing, you’ll be given a license number (or you can begin renting immediately in some regions after filing a declaration, but you must eventually receive the code). This number must be displayed in your rental ads.
   
   

Once you have the license, include the license number in all listings, contracts, and invoices related to the rental. Authorities do check listings and have penalized owners for advertising without a valid number. Fines for illegal rentals can range from a few thousand euros up to €30,000 or more, depending on the region and offense severity.

Example: In Andalusia, fines start around €2,000 for renting without registering, and can escalate if there are serious infractions (like overoccupancy or repeated offenses). In licenciaturisticaandalucia.es are experts in issuing touristic licences in Andalucia, for example.

4. Comply with Ongoing Obligations

Getting the license is step one. Operating a rental has additional obligations:

• Guest registration: Spanish law requires that all guests over 16 are registered with the National Police or Guardia Civil within 24 hours of arrival (similar to hotel check-in). As an owner, you should submit guest passport details via the online system provided by authorities, or through a channel manager that integrates this feature. You also need to keep traveler record forms.
  
  

• Data Protection & Traveler Forms: Provide guests a form to sign at check-in (with their details), keep these on file for the stipulated time (e.g., 3 years).
  
  

• House rules and noise: Many regions ask that you have a visible sign or document in the property outlining basic rules (e.g., community rules, quiet hours, use of pool, etc.). Always enforce local noise ordinances to avoid complaints.
  
  

• Maintenance and safety: Keep the property in good condition. Equip it as required (for example, if the regional law mandates a fire extinguisher, ensure it’s serviced regularly). Attend to any guest safety issues immediately.
  
  

• Community of owners consent: With new laws empowering homeowner associations, stay updated. If your community votes to ban short-term rentals and you already have a license, you might not be grandfathered in unless the region provides an exception. It’s important to maintain good relations with neighbors and address any concerns (like too many strangers, noise, misuse of common areas) to avoid such a vote. From July 2025, it is mandatory to inscribe the touristic licence in Ventanilla Única Digital, more information can be found in registroventanillaunica.es
  
  

5. Taxation of Rental Income and Tourist Taxes

Even as a non-resident, any income you earn from renting your Spanish property is taxable in Spain. Key tax points:

• Quarterly Income Tax (IRNR): As a non-resident owner renting out property, you must file tax returns (Modelo 210) declaring rental income. The tax is applied to net income if you’re an EU/EEA resident (you can deduct expenses like advertising, cleaning, utilities, mortgage interest proportional to rental period), or on gross income if you’re non-EU (no deductions). The tax rate is 19% for EU/EEA citizens and 24% for others on the rental profits. Starting with 2024 income, Spain moved to annual filings for rental income (instead of quarterly) – due by January 15 of the following year. Ensure you keep records of all rental-related expenses and rent receipts to file accurately.
  
  

• VAT (IVA): Generally, short-term holiday rentals of dwellings are exempt from VAT in Spain (unlike hotel stays). So you typically do not need to charge VAT to guests or register for VAT, unless you provide significant hotel-like services (meals, regular cleaning during stays, etc.). Consult a tax advisor if in doubt.
  
  

• Local Tourist Tax: Some regions or cities (like Catalonia, the Balearics, and recently some Andalusian cities) impose a per-night tourist tax that hosts must collect from guests. For example, Barcelona charges a small fee per person per night. If applicable, you need to register with the local tax authority and pay those amounts periodically.
  
  

• Garbage fee surcharges: A few municipalities have started charging rental owners higher refuse collection fees or requiring an annual license fee. Check with your town hall for any such local charges for holiday rentals.
  
  

Tip: Work with a tax advisor or gestoría familiar with non-resident rentals to ensure you file all taxes correctly and on time. Spanish tax offices do cross-reference data (rental platforms have started sharing host income data with tax authorities), so non-declaration can be detected. Paying taxes also legitimizes your rental activity if ever scrutinized.

6. Practical Tips for a Successful and Legal Rental

Being compliant is not only about avoiding fines – it also contributes to positive guest experiences and sustainable income. Here are some practical tips:

• Insurance: Get a landlord insurance policy that covers vacation rental activity (including liability in case a guest is injured). Standard home insurance might not cover commercial rentals.
  
  

• Professional cleaning and upkeep: Maintain high standards of hygiene and condition. Not only will this lead to good reviews, but many regions require the property to meet certain quality standards.
  
  

• Meet and greet or keyless entry: Decide how you will handle guest check-ins (especially regarding verifying IDs for police registration). If you’re not local, consider hiring a property manager or using a lockbox/smart lock system combined with remote registration procedures.
  
  

• Community relations: Introduce yourself to neighbors and provide a contact number (or your property manager’s) they can call if there are issues with guests (noise, etc.). Promptly addressing issues can prevent formal complaints to authorities. Remember that repeated disturbances could lead to local authorities revoking your license or the community revoking permission after April 2025.
  
  

• Stay updated: Laws in this sector change. For instance, the national registry requirement is new, and regional rules often tighten (e.g., some places might freeze new licenses if tourist numbers soar). Join local expat homeowner groups or consult with your lawyer periodically to stay informed of any legal changes affecting rentals.
  
  

7. Consequences of Non-Compliance

To stress the importance of the above: renting without obeying the rules can lead to serious penalties. Authorities in tourist regions do crack down on illegal rentals, sometimes conducting inspections or checking online listings.

• Fines: Depending on region, fines for operating without a license or violating regulations can range from a few hundred euros (for minor issues) to tens of thousands of euros for major offenses. For example, listing a property without a license number in a region that mandates it can result in fines of several thousand euros. Operating a rental in a banned zone (or after a community has prohibited it) could incur even higher penalties.
  
  

• License revocation: If you have a license but violate conditions (over-occupancy, safety non-compliance, nuisance complaints), the authorities might suspend or cancel your registration number, barring you from further rentals.
  
  

• Legal action by community: Your homeowner association can potentially take legal action if you ignore a binding community ban, especially after the 2025 law change. It’s not worth the risk to try to “fly under the radar.”
  
  

In short, compliance is not optional – it’s the only way to run a sustainable, profitable rental business and enjoy peace of mind.

By following these guidelines – obtaining the necessary tourist license, adhering to regional rules, paying taxes, and being a responsible host – you can legally rent out your Spanish property and maximize your income. The bureaucracy may seem daunting, but once set up, you’ll be running your rental smoothly and confidently. When in doubt, consult a legal professional to assist with the paperwork or any specific questions about your region.

If you need personalized advice on renting out your property or help navigating the license application, book an appointment with our legal team in Spain. We offer expert guidance for expat property owners to ensure your rental venture is fully legal and optimized for success. Book now: Book an appointment.