Renting out your apartment or room in Spain can be a profitable venture. But recent legal changes mean owners must follow strict rules before listing properties on platforms like Airbnb, Booking.com and Vrbo. Ignoring these laws can lead to hefty fines and legal challenges.

“You cannot legally rent out your property in Spain as a holiday home until you regularize your situation with your regional tourism authority,” cautioned Raymundo Larraín Nesbitt, Director of Marbella-based Larraín Nesbitt Abogados.

To understand the requirements, first determine what type of rental you’d like to rent out.

What types of rentals are there?

In Spain, there are three primary rental categories:

1. Long-term rentals.These are contracts typically longer than 11 months and governed by Spain’s national rental law (LAU). They do not require tourism registration.

2. Seasonal rentals.These are short leases for specific reasons such as work, study or medical stays. Seasonal lets require a National Rental Registry (NRA) code, but not a tourism license.

3. Holiday rentals.These are short-term stays for leisure and tourism. They require both a regional tourism license and an NRA code.

What you must do to rent legally?

Get the required approvals

To rent to tourists:

• Apply for a regional tourism license. In some regions, this requires specific safety, comfort and local certification.

• Register your property in the Ventanilla Única Digital de Arrendamientos to obtain an NRA code. This is mandatory for all online holiday listings.

“Your community of owners must give express permission before you apply for a tourism licence,” notes legal guidance from industry experts. That rule came into effect in April 2025 and can affect whether you can legally rent out your property.

Regional and local requirements

Tourism license or “Vivienda de uso turístico”

Most regions require a separate tourism licence to operate a short-term holiday rental (called a vivienda de uso turístico in Spanish). These licences are issued by regional tourism authorities and often require documents like a certificate of habitability and proof of safety standards.

Without this licence, you cannot legally advertise the property as a holiday rental, even if you have an NRUA.

For example, in Madrid, a tourism licence requires technical details, insurance, and a community approval as part of the application.

Check your community rules

Owners living in condominiums or apartment buildings must check if their homeowners’ association allows holiday rentals. Some associations can now ban new tourism licenses.

Include the correct numbers in listings

Listing sites are required to display your tourism license number and NRA code. Platforms may remove listings that do not include these codes. Recent fines against major platforms show Spanish authorities are serious about enforcement.

Understand the risks of non-compliance

Renting without proper documentation can lead to serious consequences:

• Regional authorities can fine owners between 3,000€ and 150,000€, with repeat offenders facing fines up to 600,000€.

• In some regions, fines near €1 million have been reported.

• Platforms may remove illegal listings or suspend your ability to rent online.

• Authorities can revoke tourism licenses and even ban your property from being rented.

“Holiday home landlords in Spain require a tourism licence and an NRA code to rent legally,” the firm says, “until you regularize your situation with your regional tourism authority, you cannot legally rent out your property in Spain as a holiday home.”

Tax considerations

Even if you comply with rental registration, you still face tax obligations:

• Rental income is taxable. Non-residents must file tax returns in Spain.

• Tourist taxes may also apply, depending on the region.

A tax adviser or lawyer can help you understand how to report rental income and navigate VAT or local tourist taxes.

Best practices for homeowners

Do your homework. Before you list your property:

• Confirm your regional requirements.

• Get written approval from your homeowners’ association if needed.

• Apply for a tourism license and register for an NRA code.

• Consult a lawyer familiar with Spanish property law.

As property demand and housing pressures increase in Spain, compliance is vital to it protect your income, your property’s value, and your ability to rent now and in the future. Owners to proceed with caution and professional support to avoid fines and sanctions.

Mentioned in this article:

Larrain Nesbitt Abogados have over 23 years of experience specializing in property conveyance and taxation all over Spain. Contact them at info@larrainnesbitt.com.