Regulations for Short Term Rentals in Spain

In January 2022, Spain has implemented various regulations regarding short-term rentals, but these regulations can vary significantly from one region to another. Municipalities and autonomous communities in Spain often have the authority to establish their own rules and restrictions on short-term rentals.

Here are some general guidelines, but it's crucial to verify the latest regulations in the specific area you are interested in, as they may have changed.

Tourist License #

Many regions in Spain require property owners to obtain a tourist license prior to renting out their property for short-term stays. The license ensures that the property meets certain safety and quality standards. To apply, we recommend you engage a qualified lawyer, Xavier Jaume, founding partner of Sbert & Jaume, to ensure your property qualifies for this use.

Registration #

Property owners may be required to register their rental with local authorities, providing information about the property, the owner, and the guests. When your lawyer confirms the license, you will be provided the appropriate steps to take for compliance.

Limitations on Rental Periods #

Some areas may impose restrictions on the maximum number of days a property can be rented for short-term stays. In certain cases, there might be a limit on the number of days per year that a property can be used for short-term rentals.

Community Rules #

If the property is part of a community or homeowners' association, there may be specific rules and regulations governing short-term rentals. It's essential to check and comply with these rules.

Taxation on Income #

Property owners are typically required to declare income from short-term rentals for tax purposes. Understanding the tax obligations associated with rental income is crucial.

Modelo 210 is a Spanish tax form used by non-residents who obtain income from sources within Spain. This income can include earnings from property rentals, business activities, employment, and investments. Non-residents are typically required to file Form 210 to declare their income and pay any applicable taxes. The fines are quite high if these forms are not filed.

Noise and Behavior Regulations #

Local regulations may include guidelines on noise levels, guest behavior, and other factors to ensure that short-term rentals do not disrupt the surrounding community.

Also, a word of warning: If you are traveling during holiday times and want to have a peaceful break, renting near a village square (plaza) will be super loud for most events. I was surprised to be in Andratx - Life in an Ancient Southwest Village on the square, when I heard the fireworks for the Corre Foc - Dance with the Devil at the Fire Run

Legal Advise to Comply with Short-term Rental Laws in Spain #

For additional advice, Affordable Mallorca provides services through Xavier Jaume, lawyer in property investment, and Maria Garcia, lawyer in taxation.

Summary #

To obtain the most accurate and up-to-date information, you should contact the local municipality or town hall where the property is located or consult with a legal professional familiar with local real estate regulations in that specific region. Additionally, check the official websites of the relevant autonomous community or municipality for the latest information on short-term rental regulations.

Sources

• Property Tax International
• Trip Invest
• Personal Experience