Spain Scrapped the National Holiday Rental Register – So Can You Airbnb Your Property Now?
Spain’s rules on short-term holiday rentals have changed again, and the latest development is particularly important for property owners, international buyers and anyone considering purchasing a property in Andalucía with rental income in mind.
Introduction
The Supreme Court’s decision to scrap the national short-term rental registration procedure has already created some confusion over what owners can and cannot do. While one national requirement has been removed, this does not mean that a property can automatically be advertised on Airbnb or used as tourist accommodation.
For international buyers, understanding how national, regional, municipal and community rules interact can be difficult. PCC Legal’s property lawyers explain what has changed, what still applies in Andalucía and what should be checked during the conveyancing process before relying on holiday-rental income as part of a property purchase.
What has actually changed?
On the 19th of May 2026, the Supreme Court partially annulled Royal Decree 1312/2024. The judgement removed the procedure requiring short-term rental properties marketed through online platforms to obtain a national registration number through the Property Registry or Movable Property Registry. It was published in the BOE on 8 June 2026.
The Court found that the State had created a registration system that overlapped with registers operated by Spain’s autonomous communities, which already have powers to regulate tourist accommodation.
What it did not do was remove the rules governing whether a particular property may be used as a holiday rental. The Digital One-Stop Shop and certain platform data-sharing requirements also remain.
Can I now put my property in Andalucía on Airbnb?
Removing the national register does not give an owner an automatic right to holiday-let a property. In Andalucía, a property used as a vivienda de uso turístico (VUT) still has to comply with the regional tourism rules. Before starting the activity, the relevant declaración responsable must be submitted and the property must meet the requirements for inclusion in the Registro de Turismo de Andalucía (RTA).
Guidance for tourist properties in Andalucía provided by the local government states that requirements go beyond registration. The property must comply with municipal planning rules and the standards applying to tourist accommodation, including requirements concerning space, bathrooms, ventilation, heating and cooling, safety and guest information. For an owner, the key point is therefore simple: the national register may have gone, but the Andalusian requirements have not.
If the property forms part of a community of owners, the Horizontal Property Law (Ley de Propiedad Horizontal) also needs to be considered.
Since the 3rd of April 2025, an owner who wants to start tourist rental activity must first obtain the express approval of the community of owners. The law allows a community, with the support of three-fifths of the owners representing three-fifths of the participation quotas, to approve, limit, place conditions on or prohibit tourist rental activity.
There is a transitional provision for owners who were already lawfully carrying out the activity before 3rd April 2025 and had complied with the relevant tourist regulations. They may continue under the conditions applicable to them.
This is why property conveyancing for a home intended as a holiday rental should include a review of the community statutes, relevant meeting resolutions and any restrictions affecting the property.
Can the local council restrict holiday rentals as well?
Yes. Andalucía expressly allows local authorities to place proportionate limits on tourist properties, including restrictions by building, sector, area or zone. This means that a property may meet the regional requirements but still be affected by local planning restrictions.
Málaga provides a current example, following earlier measures affecting new tourist properties in parts of the city, further planning restrictions came into force on 25 July 2026, limiting new tourist accommodation within residential areas. Rules can therefore change at municipal level, which is another reason why the position should be checked during conveyancing, rather than relying on information given when the property was first marketed.
What if the property already has a tourist rental registration?
An existing entry in the Registro de Turismo de Andalucía is important, but buyers should be wary of assuming that a property advertised as being sold “with a tourist licence” gives them an unrestricted right to continue holiday letting.
If a registered tourist property is sold and the new owner wishes to continue the activity, the Junta de Andalucía requires the new holder to notify the change of titularity through its online system. The community position must be checked separately.
The transitional protection introduced under the Horizontal Property Law refers to an owner who was already carrying out the activity before the 3rd of April 2025. A new buyer should therefore not assume that the seller’s historic position automatically passes to them with the property.
This is something an experienced conveyancing lawyer can establish before the purchase is completed, particularly where the property’s rental history has influenced its asking price.
As explained by Maggie Panet, Head of Legal & Compliance at PCC Legal: “Where holiday-rental income forms part of the reason for buying, purchasers should establish whether that particular property can legally be used for tourist accommodation after completion. The fact that it has been rented previously, or that neighbouring apartments appear on Airbnb, is not enough on its own.”
Why do other apartments on Airbnb not prove that I can rent mine?
A development with numerous Airbnb listings can look like a safe choice for a buyer planning to holiday-let. Legally, however, those listings tell you very little about the position of the property you are buying.
One owner may have been operating legally before the April 2025 changes. Another may already have community approval. There may also be properties being advertised that do not comply with current rules.
The important question during property conveyancing is not whether other owners are holiday letting. It is whether you will be entitled to holiday-let the particular property you intend to buy.
I am buying a property in Andalucía and want to holiday-let it – what should I check before I buy?
If expected holiday-rental income is part of your decision to purchase, ask your property lawyer to establish the position before you sign a private purchase contract or make a substantial financial commitment.
For example, PCC Legal’s conveyancing lawyers would check the following points before you buy property in Spain for rental purposes.
- whether the property can legally be used for tourist accommodation under current municipal planning rules;
- whether any local suspension or restriction affects new tourist rentals;
- whether the property is correctly registered with the Registro de Turismo de Andalucía;
- what will need to happen to that registration following the purchase;
- whether the community statutes or resolutions restrict holiday rentals;
- whether prior community approval is required;
- whether any claimed transitional rights actually apply to the new owner; and
- whether the property itself meets the current requirements for a vivienda de uso turístico.
These are particularly important checks where projected Airbnb (rental) income has influenced the amount you are prepared to pay for the property. A property solicitor can investigate them as part of the wider legal due diligence before completion. Finding out that the forecast holiday-home rental income used to justify the investment cannot be legally generated is an unnecessary and costly mistake that could be avoided by allowing an experienced property lawyer to carry out the right due diligence.
What are the consequences if the rules are ignored?
It is not advisable to ignore these laws as the consequences can be substantial. Under Andalucía’s Tourism Law, infringements can attract fines of €2,001 to €18,000. The penalty for very serious infringements can result in fines of between €18,001 to €150,000, with the possibly of suspension or temporary closure.
Hoping that you will not be detected is not an option. In June 2026, the Junta de Andalucía reported that more than 15,300 tourist-property registrations had been cancelled since 1 January 2024, removing around 80,000 rental accommodation places. It had also reported more than 16,000 properties suspected of operating illegally to the main online platforms. Suffice to say, detection is actively being enforced.
Buying a property in Andalucía to holiday-let?
The Supreme Court ruling has removed Spain’s national short-term rental registration procedure. It has not removed the need to comply with Andalucía’s tourism rules, local planning requirements or the Horizontal Property Law.
For anyone buying with holiday-rental income in mind, the safest time to establish the legal position is before committing to the property.
PCC Legal’s property lawyers provide conveyancing services for international buyers in Spain and can review the tourism registration, community rules and relevant municipal restrictions as part of the purchase process.
Frequently Asked Questions (FAQ)
Can I legally rent my property on Airbnb in Andalucía?
Yes, but only if the property meets the applicable tourism, planning and community requirements. The removal of Spain’s national short-term rental registration procedure does not remove Andalucía’s own rules. A property lawyer can check whether the individual property can legally be used for tourist accommodation.
Do I need a tourist licence to rent out a property in Andalucía?
A property used as a vivienda de uso turístico must comply with Andalucía’s tourism regulations, including the relevant declaración responsable and registration requirements. These checks are particularly important when carrying out property conveyancing for a home being purchased with holiday-rental income in mind.
Do I need permission from the community of owners to Airbnb my property in Spain?
Yes, to obtain a new tourist licence prior express approval from the community of owners is required under the Horizontal Property Law. Different rules may apply to owners who were already lawfully carrying out the activity before 3 April 2025.
Can a community of owners ban holiday rentals in Spain?
Yes. A community of owners can approve, restrict, place conditions on or prohibit tourist rental activity where the required legal majority is reached. A conveyancing lawyer should therefore check the community statutes and relevant resolutions before a buyer relies on future rental income.
If a property is sold with a tourist licence, should my real estate lawyer still check it?
Yes. An existing tourist registration should never simply be accepted at face value. Your real estate lawyer should confirm its current status, what needs to be updated after the sale and whether community or municipal restrictions could affect your right to continue the activity.
What should I check before buying a property in Spain to rent on Airbnb?
Your conveyancing checks should cover the tourism registration, municipal planning restrictions, community of owners’ rules, any required community approval and whether the property meets the current requirements for tourist accommodation. These points should be established before you commit to the purchase. Speak to an experienced conveyancing lawyer to make sure your interests are properly protected before you buy.
