Update 2025: new legislation tourist rental Spain

From April 3, 2025, Spanish Associations of Owners (CoEs) will have more say over vacation rentals in their complexes. This means that owners of apartments will now need prior approval from the VvE to rent out their property to tourists for short periods of time (less than 11 days).

Important changes in a row:

• At least 3/5 of the owners and 3/5 of the quota rights must agree to tourist rentals.
• The law does not apply retroactively: if you were legally renting before April 3, 2025, you may continue to do so.
• Without proper permits, you risk fines of up to 600,000 euros, depending on the region.
• Medium-term rentals (between 11 days and 11 months) continue to be allowed without VvE approval.

What does this mean for you as a landlord?

Do you want to offer your property as a vacation rental? Then it is crucial to:

• Check whether your CoE allows short-term rentals.
• Apply for approval on time.
• Consider alternative forms of rental, such as medium-term rentals.

Tourism rental legislation in the Valencia region

As of Aug. 2, 2024, new legislation for tourist rentals will be in effect in the Comunidad Valenciana, the region that includes the provinces of Alicante, Valencia and Castellon. The new law has the following guidelines:

• Rentals of 11 days or longer fall under seasonal rentals and are not covered by this law “tourist rentals.”

• Tourism licenses are valid for 5 years under the new law. After that, they must be renewed again for 5 years. The renewal must be submitted to the municipality no later than one month before the end of the 5-year term, which will review the application.

• A property may only be rented in its entirety to tourists; room rentals are not allowed.

• It is important to include the cadastral reference on official documents and contracts.

• In case of renovation, new construction, sale, donation or inheritance, a new application for tourist rental must be submitted for the property in question.

• Combination rentals not allowed. If you have a property that you rent out to tourists, you may not rent out the property for other types of rentals, such as medium or long-term rentals.

• Rent out within 2 months. After obtaining your tourist rental license, you must start renting within 2 months, or the license will expire.

What must a tourist rental property meet by law?

In addition to the above guidelines, the home itself must meet some basic characteristics.

• There should be an evacuation plan on the inside of the front door.
• An elevator must be provided for a building with 4 or more floors.
• Power outlet(s) in all rooms.
• Hot water supply available.
• A list of emergency and important phone numbers in a visible place.
• Cooling (at least in the living room/dining room or kitchen).
• Heating (at least in the living room/dining room or kitchen).
• Internet connection, unless the home is in an area without coverage.
• First aid kit.
• Detailed information about the nearest medical center.
• Key service. Delivery of keys through lockers on public roads is prohibited.
• A cleaning service should be used.
• Linen should be changed on a regular basis.
• Repairs and maintenance must take place on a regular basis.

What should be a minimum presence in a tourist rental property?

The home must be equipped with furniture, cutlery, kitchen utensils and linens. All bedrooms must have a closet, either inside or outside the room. The home must have internet connection and a television except in areas without coverage. The kitchen must include at least:

• Refrigerator.
• Iron.
• Oven/microwave.
• Extractor.
• Minimum 2-burner electric cooktop (homes for up to 4 people*).

*From 5 people, the kitchen must have at least a 3-burner electric stove.

Fines for non-compliance

The new law establishes fines for failure to follow the new law, ranging from €10,000 to €600,000, depending on the severity of the offense. Fines can be imposed for failure to correctly state the exact location and registration details of the property in advertisements, failure to report property transfers, or illegally offering tourist rental rooms.

Existing tourist rental licenses

The new law is effective Aug. 2, 2024. There are three types of transitional arrangements for existing rental licenses:

• For homes licensed before July 1, 2018: These may keep their license without modification.
• For homes licensed between July 7, 2018 and introduction of new law: These may keep their license, but must meet new requirements within five years and renew their approval before 2030.
• For new homes after implementation of the new law: They must immediately comply with the new rules and renew their approval and other paperwork every five years.

Why this new law for tourist rentals?

The new law aims to balance tourism with livability for local residents. Tourism figures reached record numbers in 2023 and 2024. With this law, they want to make sure that tourist rentals are done in an organized way so that it remains balanced with other types of tourist accommodations. This ensures a sustainable and quality supply.

In addition, the law helps combat unfair competition by people who rent out their homes illegally. These illegal rentals harm the regulated tourism industry and escape government control. It also leads to black money circulation and can cause conflicts with local residents. The law protects the compliant tourism industry, thereby countering unfair competition.

Rental from 11 days

The above guidelines deal specifically with the new law introduced for the autonomous region of Comunidad Valenciana. Here they talk about tourist rentals for anything 10 days or shorter. Of course, this also provides opportunities for medium-term rentals, which is now from 11 days to 11 months. No specific license is needed for this. The same, of course, applies to long-term rentals from 11 months.

Want advice on what this new rental legislation and whether investing in vacation rentals is interesting? Then feel free to contact us and we will be happy to talk you through it.