The Government has given the green light in the last Council of Ministers of the year to several measures linked to housing. One of them is linked to the creation of a registry of short-term rentals and a digital single window for the collection and exchange of data related to the rental services of this type of accommodation.
The Ministry headed by Isabel Rodríguez explains that this registry and this single window will function “as a digital gateway for the electronic transmission of data between the “short-term rental” platforms and the competent authorities, as well as to report on the different uses, regulation and destinations of units dedicated to short-term rental throughout the national territory.”
The royal decree approved by the Government thus defines what a short-term rental is, its different formulas and the natural or legal persons involved in these operations, in addition to the platforms where they operate. That is, this single window will have to include both “tourist rentals, seasonal rentals, rentals of rooms or other properties that allow short-term accommodation and that entail financial remuneration, as long as they are offered through of transactional online platforms”.
“Short-term rental services may cover the entirety of an urban property or part of it, and will also include accommodation on ships or boats,” he explains. That is, they have to be homes where renting is not habitual, but rather for vacation, work, study or medical treatment reasons, among other reasons.
These homes must have “appropriate equipment, furniture and fixtures to accommodate the use of the temporary unit in accordance” with European regulations.
In addition, landlords “are required to obtain a registration number, provide the required information, meet the information requirements, update it when a change occurs in some of them and communicate to the” Airbnb-type platforms of the “registration number.” registration that has been assigned by the Property Registry or the Movable Property Registry.”
This registration number must be requested through the electronic headquarters of the College of Registrars or at the competent Property or Movable Property Registry.
And, the platforms, for their part, “are obliged to ensure that in their applications the landlords identify their homes using this number, to guarantee that the landlords can include it in the advertisements and that it is visible in the advertisements”, which will make it clear which are homes focused only on that temporary use.
The platforms will also have to “carry out random and periodic checks and inform” the single window “of the results of said checks when they are negative, inform the lessors of the registration procedure; collect and transmit monthly to the window the activity data per unit, along with the registration number provided by the lessors, the address of the unit and the URLs of the advertisements.” They also “must comply within a period of forty-eight hours with administrative resolutions ordering the elimination or disabling of advertisements linked to a suspended or withdrawn registration number.”
The royal decree comes into force on January 2, 2025, but there is until July 1 to make technological adaptations. “Until the approval of a sanctioning regime for the infractions that are regulated arising from this rule, the sanctioning regimes and obligations contemplated in state, regional and local regulations will apply,” adds the Ministry.
Expand the public housing stock
On the other hand, the Council of Ministers has approved the contribution of State Heritage properties to Sepes, the Public Land Entity attached to the Ministry of Housing. “The contribution to Sepes is made through the disposal procedure provided for in the Law on the Assets of Public Administrations.” A measure that will allow the public housing stock to expand.
In this way, Sepes will have in its assets homes from the Institute of Housing, Infrastructure and Defense Equipment (INVIED), the Railway Infrastructure Administrator (ADIF), the Penitentiary Infrastructure and Equipment Society and State Security ( SIEPSE), the General Mutuality of State Civil Officials (MUFACE) and National Heritage. Housing clarifies that the latter two will maintain ownership of the properties, but their management will be up to Sepes.
In addition, the Government has approved the modification of the Public Sector Contracts Law (LCSP) to promote the promotion of public housing. Specifically, it has introduced a modification in an additional provision, relating to the legal regime applicable to concession contracts for the promotion of social or affordable housing on publicly owned land or real estate, establishing a series of particularities to concession contracts when The purpose of these is to carry out construction or rehabilitation actions on publicly owned land or buildings and whose purpose is social or at affordable prices.
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