Spain regulates short-term accommodation with unified lease registry and digital one-stop platform

Spain's Royal Decree 1312/2024, dated 23 December, which took effect on 1 July, establishes a streamlined procedure for single rental registration and introduces a comprehensive digital point of entry for the collection and exchange of data concerning short-term accommodation lease services.

In light of the challenges faced by a portion of the Spanish population in accessing housing, the government has recently put in place a series of regulatory measures aimed at intervening in the housing market.

The European Union has recently approved Regulation (EU) 2024/1028, adopted by the European Parliament and the Council on 11 April 2024. The regulation focuses on the collection and exchange of data concerning short-term accommodation rental service. It amends Regulation (EU) 2018/1724 and  mandates that Member States implement and publish the necessary laws, regulations, and administrative provisions to ensure compliance with the new requirements.

In this context, the government approved Royal Decree 1312/2024 establishing a streamlined registration process for leases at both the Land Registry and the Movable Property Registry. The decree also introduces a unified digital platform for leases through the Ministry of Housing, designed to facilitate the collection and exchange of data related to short-term rental services.

Royal Decree 1312/2024 was enacted on 2 January 2025, with its provisions having taken effect on 1 July 2025. This timeline provides a chance for all parties to implement the necessary technological and functional changes needed to comply with the regulation.

Short-term accommodation rental services

Royal Decree 1312/2024 defines a "short-term accommodation rental service" as the short-term lease of one or more units for tourism or other purposes, in exchange for payment, whether it be a professional or non-professional arrangement. This lease can occur on a regular or irregular basis and is governed by the seasonal lease regulations set out in Law 29/1994, of 24 November, on Urban Leases. These regulations apply to tourist leases and, when applicable, help ensure the protection and defence of consumers and users.

"Unit" refers to a furnished accommodation, or a portion of it where regulations allow, that is part of a short-term rental service. This definition explicitly excludes hotels and similar types of lodging, such as hotel complexes, aparthotels, motels, and hostels, as well as accommodations provided at campsites and caravan parks, as outlined in Regulation (EC) 1893/2006.

The leases under discussion relate to short-term rental services and exhibit the following features:

• The main purpose of these leases differs from that of residential agreements governed by the Urban Leases Act. They are intended for temporary situations, such as vacations, tourism, work assignments, studies, medical treatments, or any other circumstance that does not involve a long-term housing need for the tenant.
• The equipment, furniture, and furnishings must be sufficient to fulfil the needs for temporary use, as outlined in Regulation (EU) 2024/1028.

Responsibilities of landlords and online platforms

Landlords or hosts looking to offer short-term rentals through an online platform must first secure a registration number, which acts as a unique identifier for their property and is issued by the relevant Land Registry. To acquire this registration number, individuals can either access the electronic portal of the Association of Registrars or visit the Land Registry in person.

Landlords and hosts must provide all necessary information as outlined by regulations when they submit their applications. They are also required to respond to any requests for information from the relevant authorities.

Additionally, it is important for them to keep their registered unit details up to date whenever changes occur and to share their assigned registration numbers with online platforms to facilitate the listing of their properties on those sites.

Online short-term rental platforms must implement several key features in their applications. First, they need to allow landlords to identify their rental units using an assigned registration number and require landlords to provide this registration number, which should be clearly displayed in their advertisements, before they can offer any rental services for the units on the platforms.

Additionally, these platforms must promptly inform the Single Digital Platform for Leases and landlords about the outcomes of random checks, as specified in Regulation (EU) 2024/1028. Lastly, they are also responsible for collecting and submitting monthly activity data for each unit to the single digital platform for leases.

Streamlined lease registration process and single digital platform for leases

The streamlined lease registration procedure is the process through which Spain fulfils the registration requirements outlined in Regulation (EU) 2024/1028. This procedure will be carried out by the relevant Land Registry, where the leased property is officially recorded, and its assigned registration number will be documented. It will serve as the sole registration procedure applicable in Spain under Regulation (EU) 2024/1028.

Royal Decree 1312/2024 establishes the Single Digital Platform for Leases in Spain, which acts as the national digital platform for the electronic exchange of information between online short-term rental platforms. This gateway is managed by the Ministry of Housing and Urban Agenda, with oversight from the Directorate-General for Planning and Evaluation. This agency is tasked with making administrative decisions, which may include removing or suspending access to listings linked to units without a registration number or where a registration number is misused.

This tool simplifies data management and guarantees compliance with regulatory standards. The Single Digital Platform for Leases will provide monthly updates on each unit to the National Institute of Statistics, regional statistical agencies, and the European Statistical Office or Eurostat.

Osborne Clarke comment

The main goal of this regulation is to enhance transparency and oversight in the short-term rental market. By centralising information, landlords and platforms are expected to find it easier to comply with the rules. This approach will ensure that accurate and reliable information about properties is readily accessible, while also allowing authorities to effectively monitor compliance.

As with any intervention in the housing market, the implementation of this regulation needs to be monitored to assess its impact and effectiveness. While it does not introduce significant alterations to the Land Registry, it could influence its daily operations, particularly in handling registration number requests. However, the implications of this Royal Decree on the sensitive tourist rental market remain unclear.