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ES Legal information for tourist rental
1. Real Decreto 1312/2024 – Registration requirement for short-term rentals
What is Real Decreto 1312/2024?
Real Decreto 1312/2024 sets out the procedure for applying for a unique registration number, which will be assigned to each property or part thereof that is offered for short-term rental. From 1 July 2025, properties may only be listed on online platforms such as Airbnb, Booking.com, VBRO, etc., if they have a valid registration number.
When does Real Decreto 1312/2024 come into force?
The obligations under Real Decreto 1312/2024 will be fully binding from 1 July 2025.
Who is affected by Real Decreto 1312/2024?
The decree applies to both hosts and online platforms that offer or advertise short-term rentals. A host, as defined by this decree, is a natural or legal person who offers a short-term rental via an online platform in return for payment, whether on a professional or non-professional basis.
Definition of short-term rental
Short-term rentals include all regular or occasional rentals of units for tourist or similar purposes that receive financial compensation, including so-called "seasonal rentals". Private rooms are also covered by this definition and must be assigned a national registration number.
Obligations of the host under Real Decreto 1312/2024
1. Applying for a registration number: Hosts must obtain a registration number in order to advertise their accommodation on online platforms.
2. Updating accommodation information: Changes must be regularly updated to ensure compliance with regulations.
3. Cooperation requirement: Hosts must provide the necessary information upon request by the relevant authorities.
What information is required to apply for the registration number?
The registration number is issued upon submission of the following information:
- The exact address of the accommodation and the cadastral number
- Type of accommodation and maximum number of guests
- Documents proving compliance with regional and local regulations
- Details of the host (natural or legal person)
For further details, please refer to Article 9.2 of Real Decreto 1312/2024.
How do I obtain the registration number?
Registration can be completed via the following online form:
What happens if incorrect information is provided in the application?
If deficiencies are identified in the application or the submitted documents and they are not corrected within seven working days, the registration number will be suspended. In such cases, platforms are required to remove or deactivate listings associated with this number.
Do I need to apply for a registration number if I do not reside in Spain?
Yes, even if you are not a resident of Spain, you must apply for a registration number to advertise your short-term rental on the platforms.
What happens if I do not obtain a registration number?
If you do not obtain a registration number, your property will no longer be advertised on online platforms. Platforms are obliged to remove or deactivate listings without a valid registration number.
Cost of the registration number:
The application for the registration number is subject to a fee. The cost is €27 (plus taxes).
2. Registration law for the accommodation of persons: Real Decreto 933/2021
With the introduction of Real Decreto 933/2021, as of 2 December 2024, not only property owners but also providers of holiday accommodations are required to collect comprehensive information about their guests, the properties they use, the duration of their stay, and financial transactions. This information must be made available to the Ministerio del Interior (Ministry of the Interior).
For this purpose, the Ministry of the Interior has launched an online platform called SES Hospedajes.
Before using the platform, owners must register and provide personal details as well as information about the properties they offer. For every booking, guest details must be submitted via the Ministry of the Interior’s online platform.
Real Decreto 933/2021
Article 25.1 of the decree states that any natural or legal person carrying out activities relevant to public security – such as the accommodation of individuals (in private holiday rentals, hotels, campsites, etc.) – is required to register documents and provide information in accordance with current regulations to the Ministerio del Interior (Ministry of the Interior).
In addition, the property owner must also report this data separately to the authorities. This obligation applies to all property hosts in Spain, including the Canary Islands and the Balearic Islands.
Where do I need to register my property to report personal data and guest stays?
The transmission of data takes place via the website of the Spanish Ministerio del Interior (Ministry of the Interior).
To register, you will need a digital certificate, known as cl@ve. You can find out how to apply for a cl@ve at the following link.
If you have not yet registered your holiday property or do not have the necessary access requirements, such as the digital certificate, we recommend that you contact your tax advisor.
Which data must be reported, and when?
If the booking/reservation is made directly with the owner of the holiday property, the owner must submit two reports to the Ministerio del Interior (Ministry of the Interior).
1. Data submission at the time of booking
If the booking/reservation is made directly with the owner of the holiday property and not through an external provider or intermediary, the owner is required to report the following data to the Ministerio del Interior (Ministry of the Interior) within 24 hours of the booking/reservation:
Property details
Address • Postcode
Name of the municipality
Country
Accommodation code (Código establecimiento)
Contract information
Reference (Reservation ID)
Contract date (Date of reservation confirmation)
Arrival and departure date
Number of guests
Payments
Method of payment (Cash, Card, Bank Transfer, Mobile Phone, Other)
Travellers (all persons)
Role (Owner or Traveller)
First name
First surname
Second surname (only for Spanish names)
Telephone number
Email address
2. Data submission upon arrival
Upon arrival, the owner of the holiday property must present a self-prepared form to the guests, containing the required data stipulated by the Ministerio del Interior (Ministry of the Interior). This form must be completed and signed by the guests. The data collected on this form must be submitted by the property owner to the Ministerio del Interior within 24 hours:
Property details
Accommodation code (Código establecimiento)
Contract information
Reference (Reservation ID)
Contract date (Date of reservation confirmation)
Arrival and departure date
Number of guests
Number of rooms
Internet access
Payments
Method of payment (Cash, Card, Bank Transfer, Mobile Phone, Other)
Payment date
Partial payment
Account holder
Card expiry date
Travellers (all persons)
Role (Owner or Traveller)
First name
First surname
Second surname (only for Spanish names)
Type of document
Document number
Date of birth
Nationality
Gender
Address
City/Town
Postcode
Country
Telephone number
Secondary telephone number
Email address
Relationship between travellers (if one of them is a minor)
Sanctions for failure to comply with reporting obligations
Submitting incorrect guest information, failing to report required data, or reporting it late is considered a minor offence, for which fines ranging from 100 euros to 600 euro per unreported data entry may be imposed.
Anyone who fails to properly register as a provider of accommodation and/or does not forward guest data to the relevant authorities is committing a serious violation. In such cases, fines can range from 601 euros to 30.000 euros per unreported data entry.
It is important to note: Guests who do not provide the required identification data are not permitted to occupy the accommodation.