The Government of Spain has approved the Royal Decree that regulates the procedure of Single Lease Registry and the Digital Single Window for Leases is created for the collection and exchange of data related to rental services. short-term accommodation rentalto create a single registry of short-term rentals.
In this way, finally the registration will enter into force on January 2, 2025but its application will be effective from July 1, 2025the transition period has ended so that companies and administrations adapt to the provisions of the standard.
Once published in the Official State Gazette (BOE), Spain will become the first country in the European Union to implement the regulation European Union, which establishes the obligation for Member States to create an information system on short-term rentals, through a system of registration and obtaining an identification number for the short-term rental of a home .
Until the approval of a sanctioning regime for the infractions that are regulated derived from this rule, the sanctioning regimes and obligations contemplated in state, regional and local regulations will apply.
The Minister of Housing and Urban Agenda, Isabel Rodríguez, committed in May of this year to launch it before the end of 2025, one year earlier than mandated by the European Regulation.
The Royal Decree establishes a series of information obligations and regulations that apply to short-term accommodation rental services when Member States have established registration procedures for units located on their territory.
The objective scope includes both the services provided by the online platforms to hosts who provide rental services of short-term accommodation in Spain, regardless of the place of establishment of said platforms, such as the rental services provided by the hosts.
It will operate on tourist, seasonal or room rentals
The purpose of the rule is to regulate the Single Lease Registration procedure, the creation of the Digital Single 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 inform about the different uses, regulations and destinations of units dedicated to short-term rentals throughout the national territory.
The norm operates on the tourist rentalsrents seasonalthe rents of rooms or other properties that allow short-term accommodation and that entail financial remuneration, as long as they are offered through transactional online platforms.
Short-term rental services may cover the entire urban property or part of it, they will also include accommodation on ships, boats or naval devices, provided that it is not linked to a service that enables or determines navigation, in whose case will always be governed by the applicable legislation.
In this way, the rule will apply if the housing has as its primary purpose something other than housing rental regulated in article 2 of the Urban Leasing Law (LAU), derived from temporary causessuch as vacation or tourist, work, study, medical treatment or any other that does not imply a permanent housing need for the tenant.
Likewise, if they have adequate equipment, furniture and fixtures to handle the use of the temporary unit in accordance with the Regulations.
Landlords must obtain a registration number
Landlords are obliged 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 online platforms the registration number that has been assigned. by the Property Registry or the Movable Property Registry.
The platforms, for their part, are required to ensure that in their applications the landlords identify their homes using this number, guarantee that the landlords can include it in the advertisements and that this is visible in the advertisements; carry out random and periodic checks and inform the Window of the results of said checks when they are negative.
They must also 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 published by machine-to-machine media.
Finally, they must comply within 48 hours with administrative resolutions ordering the elimination or disabling of advertisements linked to a suspended or withdrawn registration number.
Applications will be made through the college of registrars
The procedure to request the registration number will be carried out through the electronic headquarters of the College of Registrars or in the Property Registry either Competent Personal Property.
The application will 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 included in the Royal Decree; also if a property is rented in 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 authorization or registration regime, such as a license, the document that certifies it.
Likewise, detail the identification of the category and types of rental, where there are three groups: properties, rooms or partial units of a property intended for short-term non-tourist rental; On the other hand, the same as the previous one, but with a tourist destination; and, thirdly, for floating vessels or other properties that allow short-term accommodation.
Each unit may only have one registration number per category and rental type.
Once this procedure has been carried out, the Property or Movable Property Registry will proceed to the automatic and immediate assignment of a registration number. After verifying that the requirements are met, the registration number will be recorded and the interested party will be notified.
Correction period of seven days and annual renewable permit
If there are defects in the documentation provided and the interested person does not corrected within seven business days following, the validity of the registration number will be suspended, which the General Directorate of Planning and Evaluation of the Ministry of Housing and Urban Agenda will communicate to all online short-term rental platforms so that they eliminate or disable access without delay.
Every twelve months, an informative model of short-term leases must be provided for each category and type of lease and which will include, at least, an anonymized list of the leases created, as well as those whose primary purpose is something other than that of a temporary.
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