Keys to the single register of short-term rentals

The BOE has published that it approves the regulation of the Single Registry of Leases procedure and creates the Digital One-Stop Shop for Leases for the collection and exchange of data relating to short-term accommodation rental services, in order to create a single registry of short-term leases.

The register has entered into force, but its application will be effective from 1 July 2025, after the end of the transition period for companies and administrations to adapt to the provisions of the regulation.

With the approval of the regulation, Spain becomes the first country in the European Union to implement the European regulation establishing the obligation for Member States to create an information system for short-term rentals.

Until the approval of a sanctioning regime for the infringements regulated by this regulation, the sanctioning regimes and obligations contemplated in the state, autonomous community and local regulations will be applicable.

The purpose of the rule is to regulate the procedure for the Single Registry of Leases and the creation of the Single Digital Window for Leases as a digital gateway for the electronic transmission of data between online short-term rental platforms and the competent authorities, as well as to provide information on the different uses, regulations and destinations of units dedicated to short-term rentals throughout the national territory.

Who has to comply?

The rule applies to tourist rentals, seasonal rentals, rentals of rooms or other properties allowing short-term accommodation and involving financial remuneration, provided that they are offered through transactional online platforms.

Short-term rental services may cover the whole or part of an urban property and shall also include accommodation on ships, boats or naval craft, provided that it is not linked to a service that enables or determines navigation, in which case it shall always be governed by the applicable legislation.

Registration number

Landlords are obliged to obtain a registration number, provide the required information, respond to requests for information, update it if there is a change in any of the information and inform the online platforms of the registration number that has been assigned by the Land Registry or the Movable Property Registry.

The platforms, for their part, are obliged to ensure that landlords identify their properties by means of this number in their applications; to ensure that landlords can include it in their advertisements and that it is visible in the advertisements; to carry out random and periodic checks and to inform the Ventanilla of the results of these checks when they are negative.

They must also inform landlords of the registration procedure:

• collect and transmit monthly activity data per unit to the Window,
• together with the registration number provided by the lessors,
• the address of the unit and
• the URLs of the advertisements published by machine-to-machine media.

Finally, they must comply within 48 hours with administrative resolutions ordering the removal or disabling of advertisements linked to a suspended or withdrawn registration number.

Through the Council of Registrars

The procedure for applying for the registration number shall be carried out through the electronic office of the College of Registrars.

The application shall contain

• the specific address of the property and its unique registration code,
• its cadastral reference or if it is a boat or other type of accommodation covered by the Royal Decree;
• also whether a finca is rented as a whole or in part and the maximum number of tenants that can be accommodated in it.

On the other hand, if this unit is subject to any prior administrative authorisation or registration regime, such as a licence, the document that accredits this.

Also, detail the identification of the category and types of tenancy, where there are three groups:

1. properties, rooms or partial units of a property intended for short-term non-tourist rental;
2. secondly, the same as above, but for tourist use;
3. and thirdly, for floating boats or other properties allowing short-term accommodation.

Each unit may have only one registration number per category and type of tenancy. Once this procedure has been completed, the Land or Movable Property Register will automatically and immediately assign a registration number. After verification of compliance with the requirements, the registration number shall be recorded and communicated to the person concerned.

Seven-day deadline for rectification

If there are defects in the documentation provided and the interested party does not remedy them within the following seven working days, the validity of the registration number will be suspended, which the Directorate General for Planning and Evaluation of the Ministry of Housing and the Urban Agenda will communicate to all online short-term rental platforms so that they can eliminate or disable access without delay.

Every twelve months an informative model of short-term rentals must be provided for each category and type of rental and which will include, at least, an anonymised list of the rentals constituted, as well as those whose primary destination is other than temporary.

If you have any doubts regarding this issue, please do not hesitate to contact us, by telephone to Núria Martí or by e-mail to nmg@btsasociados.com, we will be delighted to help you.