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Holiday letting rules
SPAIN’S holiday letting market faces new rules according to information compiled by Spence Clarke & Co.
Whilst there is a continued boom in new builds of all sorts, particularly in popular tourist destinations as well as a glut of abandoned builds handled by ‘bad bank’ Sareb, there never seems to be enough reasonably priced social housing.
A bit like Jekyll and Hyde the current Spanish government welcomes tourists many of whom want holiday lets whilst at the same time is making it more difficult for small home owners to let their properties out.
There are some new requirements to report information to the Spanish government for property owners renting on a holiday basis further to the Spanish Real Decreto
933/2021, of October 26 and in theory these changes are effective from June 2023.
This Royal Decree requires digital platforms and hosts to provide additional information about the reservations (hosts, guests personal details, property details, accommodations, etc.) to the Spanish national authorities (Ministry of the Interior).
This needs to be reported within 24 hours from the booking and the information must be reported on the following website: https://sede.mir.gob.es /opencms/export/sites/d efault/es/procedimientosyservi cios/hospedajes y alquiler de vehiculos/
So far it is only possible to complete this with a Spanish digital certificate (DC) and you have to apply for it in person at an appropriate Government Office, although agents such as Spence Clarke may well be able to assist if you are out of Spain. When complying with this requirement you need to have previously alerted guests to the fact that you are transferring their information to the government in order to observe Data Protection requirements.
It appears that the Spanish government has indicated that it will provide the option of reporting the data without using this online procedure, although the details about this have not yet been released.
Incorrect reporting of guest information can attract a fine of between €100 and €600 whilst failing to appear on the registry is a serious offence and can be punished by a fine of up to €30,000.
