How to obtain a vacation rental license in Spain

The rental of holiday homes is a booming sector in Spain. In order to legally rent a property or rooms, you need to have a tourist license . Authorities in Spain closely monitor these tourist accommodations and how they operate.

Vacation rental licenses allow you to rent a property to guests for short periods or vacations, acting as a safe passage to avoid legal problems or fines. Authorities use control mechanisms, such as model 238 or random inspections for those owners who try to avoid controls.

Obtaining a vacation rental license is not an easy process and many owners who want to obtain a rental income from their property have numerous questions about the process they must follow to obtain a tourist license .

What is a vacation rental license in Spain?

A vacation rental license , also known as a tourist license , is a permit issued by the public administration that authorizes the owner to rent a property for tourist or vacation purposes. The regulation of these licenses in Spain falls on the autonomous communities , however, in cities with greater tourist influx even the town councils have the power.

How to obtain a holiday rental?

The process to obtain a vacation rental license is not complex, but it can be tedious. These are the documents you must provide to request your tourist license:

• Official License Application: Fill out the official form provided by the tourism authority or the corresponding body in your region (for example, a Tourism Department or City Council).
• ID document
• Property deeds Simple Note from the Property Registry updated to demonstrate that you are the owner or have the right to use the property for vacation rentals.
• Certificate of habitability: Document that confirms that the property meets the minimum habitability and safety requirements, generally issued by the City Council.
• Energy Certificate: Document that details the energy efficiency of the property. In many places, it is mandatory to show it when offering the property for rent.
• Civil Liability Insurance: In some places, it is mandatory to have insurance that covers damages or accidents that may occur to guests.
• Proof of Payment of Fees: Depending on the region, you may have to pay an application or administrative fee when applying.
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• Neighborhood Authorization Card (if applicable): In some cases, it is necessary to obtain the consent of the community of owners, especially in apartment buildings.
• Responsible Declaration: Some processes require a declaration confirming that you comply with local regulations and that the property is prepared for vacation use.
• Property technical report (ITE): With the intention of demonstrating that the property has the necessary security measures.

Subsequently, you will need the registration receipt in the tourism registry and a responsible declaration of start of activity .

Process to obtain a vacation rental license in Spain

The process to obtain a vacation rental license varies depending on the autonomous community or city council in which it is requested, although in general, a set of common processes is followed in the majority of Autonomous Communities or localities.
It must be taken into account that in some locations it is not allowed to temporarily home for tourist use (VUT)

Notify the authorities:

In order to obtain a vacation rental license , you must first notify your local council of your intention to obtain income from your property. This notification must be made through a responsible declaration , which must include:

• Housing details and owner identification details
• Maximum capacity of people supported by the property
• Period for vacation rental
• Management model (managed by an individual, or external company).

The responsible declaration must be presented to the town hall of the town where the home is located. In addition to the responsible declaration, the following documents must be attached:

• Receipt of payment of corresponding fees (if applicable).
• Certificate of habitability or first occupancy.
• Civil liability insurance policy.

Once the required documents , your local council will contact the autonomous tourism registry to study the case and subsequently grant the registration number . This process can usually take between 2 weeks and 3 months .

Once the required documents are present, your local council will contact the autonomous tourism registry to study the case and subsequently grant the registration number. This process can usually take between 2 weeks and 3 months.

Once you have the registration number and depending on the Autonomous Community which may limit its use, you can begin to receive guests in your vacation home, although temporarily. Do not forget that you must register travelers compulsorily according to Royal Decree 933/2021

Create the guest registration form digitally and send directly to SES.Hospedajes

Sleep the check-in process and digitize the data record of your accommodation guests.

Request more information

To find out the requirements in more detail, we recommend that you go to the town hall of the town where the home is located.

Declaration of economic activity for renting the home

The second step consists of informing the tax agency of obtaining the vacation rental license, since as it is a commercial activity, it is important that the income obtained from it be declared. Presenting the responsible declaration of commencement of activity is mandatory, although you are not required to pay the tax on economic activities (IAE), which you will only have to pay if the holiday home €1,000,000/year

The category in which the economic activity must be registered will depend on whether or not lodging services considered typical of the hotel industry are provided. If yes, you will be registered in “Extra-hotel tourist accommodation” in group 685 of the IAE . If not, the accommodation must be registered in section 861.1 “Rental of housing” .

Normally, “non-hotel tourist accommodations” must register their activities with 10% VAT per reservation for each guest, however, non-hotel services of which the businesses registered in section 861.1 “Rental of homes” , such as apartments, AIRBNB, instead of paying VAT, must pay the corresponding income tax and ITP (property transfer tax)

Requirements to obtain a holiday license by Autonomous Community

Consult the process of obtaining the license on the official websites of each autonomous community:

• Andalusia: Visit the website of the Junta de Andalucía to access all relevant information.
• Canary Islands: Consult the official website of the Government of the Canary Islands to find out the regulations on hotel and non-hotel tourist rentals.
• Madrid: The Community of Madrid has its own regulations for tourist accommodation; You can consult them on their portal .
• Valencia: If your vacation property is in the Valencian Community, check the tourism section on the Valencian government website .
• Catalonia: Find the requirements to register a tourist home in Catalonia on its official site .
• Galicia: All the information to start tourist activities in Galicia is on its official website .

Sanctions for renting a holiday without license

Obtaining economic yields of a holiday home without its corresponding license is completely prohibited and illegal . We could expose ourselves to the following sanctions:

• Fines that could vary between €3,000 and €600,000 depending on the seriousness of the matter and the Autonomous Community.
• Disqualification from applying for a vacation rental license in the future.
• Exposure to lawsuits from guests or even neighbors.

Due to the implementation of model 238 , each tourist home advertised on vacation rental platforms is exposed to a potential inspection and possible audit by the public administration.