A Guide to Renting out your property in Spain

Many people who purchase a home in Spain do so with the intention of using it as a holiday rental.

This can be a smart strategy, as a well-managed holiday let can cover its own costs. However, the Spanish government has recently transferred control of rental properties to local authorities, leading to significant changes in the regulations, with more changes potentially on the horizon. Therefore, it’s crucial to understand the current rules before starting a holiday rental business.

Since When Have There Been Rules Governing Holiday Rentals in Spain?
The Spanish Urban Rental Act 29/1994 governs the rental of all properties, whether for primary residence or holiday lets. In response to pressure from hotel representatives, the Spanish government introduced a new law specifically for holiday rentals, which was approved on May 23, 2013, and has been in effect since July 2013. This law delegates the regulation of holiday lets to the regional governments. Regions like Catalonia, the Balearic Islands, and the Canary Islands have already enacted and are strictly enforcing local laws.

Do the Rules Apply to the Whole of Spain?
Specific laws regulating holiday rentals have been introduced in areas such as Asturias, the Balearic Islands, the Canary Islands, Catalonia, the Basque Country, and Valencia. Eventually, these rules will apply nationwide.

Can Any Type of Property Comply with the Rules?
Compliance depends on the property’s location. In regions like Catalonia and the Canary Islands, all property types can comply, whereas in some areas, individual apartments may not meet the requirements for short-term holiday lets.

What Must You Do to Ensure Your Property Complies with the Rules?
Generally, the property must be furnished and ready for immediate occupancy, with adequate facilities for food and drink preparation and storage. Depending on the location, you may need to apply for a rental license, which could require an architect’s report detailing the number of bedrooms and bathrooms and the size of each room. You might also need to display complaint forms for tenants and submit documentation about the property’s facilities to the local government.

Since June 1, 2013, an Energy Performance Certificate (EPC) is required to rent or sell a property. The EPC application must include a report from a qualified professional who has assessed the property’s energy rating.

Will You Need to Provide Ongoing Information to the Spanish Authorities?
Depending on your property’s location, you may need to renew its registration annually, periodically submit completed complaint forms to the local government, and register all tenants with the local police within 24 hours of their arrival.

What Are the Penalties for Not Complying with the Rules?

Depending on where your property is located, the new regulations could subject you to fines ranging from €3,000 to €400,000.

In some regions, the restrictions are so stringent that many properties currently available for holiday rentals may no longer be legally rentable.

While it might seem counterproductive to impose strict regulations on property owners who rely on holiday rentals to cover their expenses, the new rules aim to ensure a high standard of accommodation and service in private holiday rentals, similar to the standards that Spanish hotels must meet. The success of these regulations across Spain will largely depend on how rigorously they are enforced.

What Should I Do If I Plan to Buy a Property in Spain for Holiday Letting?
Before purchasing a property, it’s crucial to confirm that you can use it as intended. If you plan to use a property in Spain as a holiday rental, make sure your legal adviser knows your intentions and investigates the rental regulations in the area where you plan to buy.

Additionally, protect your interests by having renters sign a contract that complies with Spanish law.