Next Thursday, January 2, the single registration of short-term rentalswhose application will be effective from July 1, 2025, at the end of the transition period for companies and administrations to adapt to the provisions of the standard.
Last Monday, December 23, the Council of Ministers approved the Royal Decree that regulates this procedure and creates the Digital Single Window for Leases for the data collection and sharing relating to short-term rental rental services, to create a single registry of short-term rentals.
Once published in the Official State Gazette (BOE), Spain will become the first country in the European Union to implement the European regulation that establishes the obligation for Member States to create a information system regarding short-term rentals, through a registration system and obtaining an identification number for the short-term rental of a home.
Specifically, the Royal Decree establishes a series of obligations and regulations regarding information that apply to short-term accommodation rental services when Member States have established registration procedures for units located in its territory. After hearing the news, Airbnb said that this regulation “falls short” by harmonizing registration obligations for hosts and providing more transparency.
In a statement, the company recognizes “the efforts” of the Ministry of Housing, although it considers that it does not establish a “single point of entry” for hosts to request registration only at one level, as indicated by the European framework, but instead encourages ” the accumulation of different registries” at the national, regional and municipal levels, which “will further complicate the administrative tasks” of those who want to share their homes.
What are the affected rents?
Specifically, the rule applies to tourist rentals, seasonal rentals, rentals of rooms or other properties that allow short-term accommodation and that entail a economic remunerationas long as they are offered through transactional online platforms.
In addition, these services may fall on the entire urban property or part of itwill also include accommodation on ships, boats or naval devices, provided that it is not linked to a service that enables or determines navigation, in which case it will always be governed by the applicable legislation.
In this way, the rule will apply if the home is primarily intended for one other than housing rental regulated in article 2 of the Urban Leasing Law (LAU) arising from temporary causes, such as vacation or tourism, work, studies, medical treatment or any other that does not imply a need for permanent housing. of the tenant.
Likewise, if they have adequate equipment, furniture and fixtures to handle the use of the unit, temporary nature in accordance with the Regulation.
Mandatory registration number
On the other hand, landlords are obliged to get a registration numberprovide 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 Asset Registry. Furniture.
The platforms, for their part, are required to ensure that landlords identify their homes using this number in their applications, guarantee that landlords can include it in the advertisements and that it 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 unitalong 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.
Lastly, they must give compliance within 48 hours to administrative resolutions that order the elimination or disabling of advertisements linked to a suspended or withdrawn registration number.
Application process
The procedure to request the registration number will be carried out through the electronic headquarters of the College of Registrars or in the competent Property or Movable Property Registry.
The request will contain the specific address of the farm and its registration code unique, 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 authorization or prior administrative registration regime, such as a license, the document that accredits it.
In addition, detail 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.
Correction period of seven days
If there are defects in the documentation provided and the interested person does not correct them within the following seven business days, validity will be suspended of the registration number, 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 you must contribute a lease information model of short duration for each category and type of lease and which will include, at least, an anonymized list of the leases established, as well as those whose primary purpose is something other than temporary.
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