The regulation of the rental of temporary accommodation is scheduled to come into force on January 2, according to Housing sources, although its transitional period is unknown. The entry into force of the Royal Decree creating the Digital Single Window for Leases establishes a single registration procedure for short-term rentals, managed by the Property Registry, through which a registration number will be obtained. unique, which will be assigned to each property or partial unit thereof that is intended to be rented separately, without which its offer cannot be carried out on short-term rental online platforms.
The assignment of this unique registration number may be requested from the entry into force of the Regulation, next January, and will coexist for a time with the short-term rental of homes without having obtained the number, but, in compliance of Regulation 2024/1028 of the European Union, all short-term rentals must have their code, at the latest in May 2026.
Through this registration formula we seek to guarantee adequate compliance with European regulations.allowing for an effective formula and guarantees of legal security, which has been considered more difficult to achieve through other formulas, such as those of administrative records.
This system, in this way, will provide the necessary security to both homeowners, online platforms, as well as tenants, since they will interact in a market characterized by transparent and reliable information, provided by the Registry. of the Property.
With this measure, It will prevent homes from being offered in conditions contrary to those established by the regulations. of the different territorial Administrations, allowing all of them to carry out their inspection and control tasks in a more effective way than at present.
The fight against rentals established for a short duration but that do not comply with the causality required by Law 29/1994, of November 24, as well as against housing for tourist use contrary to current regulations, will be facilitated.
The various sources consulted are convinced that it is more than foreseeable that, thanks to this regulation, homes currently offered irregularly will leave the market, which will allow a greater supply of other rental formulas such as long-term rentals.
The Ministry of Housing has opted for the Property Registry and not other Registries, because the competence in matters of regulation of the Property Registry is state, as the Constitutional Court has reiterated (rulings: 118/2022, of 29 of September; 37/2022, of March 10; and 151/2021, of September 16), established by the article 149.1.8.ª of the Spanish Constitution (CE).
Furthermore, article 149.1.1. attributes to the State the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfillment of constitutional duties, as indicated in the Preamble itself. of the Regulation. And, article 149.1.13.ª indicates that the State has exclusive competence in the bases and coordination of the general planning of economic activity.
This Royal Decree ensures compliance with the provisions of the European standard, which prohibits the coexistence of duplicate registration procedures for short-term rental serviceswithout affecting the authorization or license that other Administrations may have regulated in the exercise of their material powers, especially tourism or housing.
Furthermore, this registration formula guarantees legal control of the regulations in force in each territory, both national, regional and local, and allows monitoring compliance with the statutes that the communities of owners may have approved.
The European standard thus aims to address the challenge of the lack of reliable information on short-term rental services and to guarantee that the identity of the host and the place where said services are offered and their duration are available.
The intervention of the Property Registry will also facilitate obtaining statistics that allow Administrations to make decisions and will include, for example, pro bono actions, such as those carried out by Airbnb in response to the effects of DANA.
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