Everything You Need to Know About Getting a Tourist Licence to Rent Out Your Spanish Property

If you own your own Spanish holiday home, then you may be tempted to rent out your property when you’re not using it. You may even wish to invest in a buy-to-let property in your favourite part of Spain. Short-term letting can be a great way to earn an additional income, something that is increasingly important to many families amid the cost-of-living crisis.

But if you want to let your property to tourists, either independently or via a site such as AirBnB, then you will need to get a tourist licence. You cannot legally rent out a property in the short-term in Spain without a tourist licence, which will demonstrate that you have conformed to relevent housing regulations.

Whether you are eligible for this licence, and how you can obtain one, will depend on where you live. Like so many things, the rules vary across the 17 autonomous regions. Within each region, you may also find that the rules differ depending on whether you live in the city or in the countryside. Here’s everything you need to know:

Obtaining a Tourist Licence

To secure a tourist licence in Spain, you will need to visit your local town hall. Here you should fill in the required paperwork to obtain a tourist licence, but this will only be granted if you meet all the rules and regulations outlined below. In some cases, even with the correct paperwork, a tourist licence will never be granted. For example, the city of Barcelona no longer issues any tourist licences, so the only way to be able to rent out in the city is to buy a property that already has a licence.

Here are the rules you need to know about for securing a tourist licence in each of the 17 regions:

Andalusia

The rules for securing a tourist licence in Andalusia are well-established, having been laid out in Decree 28/2016 and modified Decree 194/2010. These rules state that tourist properties:

  • Cannot be rented for longer than two months
  • Can be rented on a room only basis, provided the owner also lives in the property
  • Rooms must be provided with direct external ventilation, curtain or blinds, and a cooling system in the summer months, as well as a heating system in the winter.
  • The property owner must complete a statement of responsibility

An application for a tourist licence may be rejected if it is opposed by neighbourhood communities, and the rules may vary from city. For example in Seville, the city council has said that all tourist rentals must now meet the same requirements as a hotel. You are advised to research your specific city before you make an application.

Aragón

It is possible to secure a tourist licence in Aragon, provided your property meets the following criteria:

  • Properties that are let out for less than a month must comply with state mandated safety regulations
  • Properties must have heating and hot and cold running water
  • The property must be rented out in its entirety. Room lets are not permitted.
  • Property owners must complete a statement of responsibility

Asturias

New guidelines on holiday lets were introduced in Asturias in 2016. These guidelines state that:

  • Both whole house and room by room rentals are permitted. The owner of the property does not need to reside in it to let the property on a room by room basis.
  • Rentals can only be on a temporary basis.
  • Each property must have hot and cold running water, heating, emergency lighting and a fire extinguisher.
  • Each room must have direct ventilation to the outside and curtains or blinds.
  • Property owners must complete a statement of responsibility.

Balearic Islands

The availability of tourist licenses on the Balearic Islands is determined by Law 6/2017 and amending Law 8/2012 on tourism. This law states that the councils can regulate tourist activities on an ad hoc basis. In real terms, this means that buying a property to let out to tourists here is a risk as the rules could change at any time. The current rules state that:

  • Only whole properties can be let
  • Tourism lets cannot be marketed for periods of more than one month.
  • Each property must have an energy efficiency certificate, with a minimum rating of F in homes up to 2007 (inclusive) and D in homes from 2008 onwards.
  • In properties where there is a community of owners, an agreement of the board of owners is required.
  • Property owners must complete a statement of responsibility.

Basque Country

For tourism properties to be let in the Basque Country they must adhere to the following rules:

  • They cannot be rented out for periods of longer than 12 months
  • They can be rented out whole, or by room provided the owner is residing in the property
  • Property owners must complete a statement of responsibility

Whilst these general rules apply, they can vary between town and city. For example, in San Sebastián, neither tourist flats nor hotels can be opened in the Old Town.

Canary Islands

For tourism properties to be let in the Canary Islands, they must adhere to the following rules:

  • Rentals can only be temporary, and cannot imply that the users place of residence has changed
  • Properties can only be rented in their entirety and not by room
  • Property owners must complete a statement of responsibility

Each island will also have their own additional rules and regulations, so if you wish to operate a tourist rental in the Canary Islands then it’s important to research these in full by visiting your local town hall.

Cantabria

The latest decree on tourist rentals in Cantabria was updated in 2019 and states that:

  • Rentals can only be temporary, and cannot imply that the users place of residence has changed
  • The property can be rented out whole or by room, but only if the owner resides in the property
  • The property must have a fire extinguisher on every floor and a certificate of occupancy
  • Property owners must complete a statement of occupancy

Castilla-La Mancha

The latest decree on tourist rentals in Castilla-La-Mancha states that:

  • Properties cannot be let by room, only whole properties can be let.
  • The let must be temporary, but no maximum rental length has been stated.
  • The property must comply with the provisions of current regulations on habitability and safety for residential use as a home.
  • The property must have direct ventilation to the outside or to patios, with blinds or curtains on the windows.
  • The property must have heating and air conditioning in the bedrooms and living room.
  • The property must have at least a living-dining room, kitchen, bedroom and bathroom. Smaller properties cannot be used for holiday lets.
  • Property owners must complete a statement of responsibility.

Castilla y León

The rules for tourist rental properties in Castilla y Leon state that:

  • The maximum rental period for tourist lets is two months.
  • Each property must have at least a stand-alone bedroom, living-dining room, kitchen and bathroom. The only exception to this is in the case of purpose build studio-type tourist apartments, in which the bedroom, living-dining room and kitchen can all occupy the same open plan space.
  • Bedrooms must be at least 7m² in the case of single bedrooms, 10 m² for doubles, and 4 m² for each additional bed
  • Each bedroom must have direct external ventilation, and fitted blinds or curtains. Kitchens must also have direct ventilation.
  • The property should have heating and hot and cold running water.
  • Property owners must complete a statement of responsibility

Catalonia

The rules regarding tourist lets in Catalonia have not been updated since Decree 159 was granted in 2012. This decree still stands and states that:

  • Properties cannot be let for periods of longer than one month
  • Properties must be inspected and have a certificate of habitability.
  • The local town hall must be notified in advance before each new set of guests arrive.

Although Barcelona is in Catalonia, the city has its own set of rules regarding holiday lets. Barcelona will no longer issue tourist licences, so you should not buy a property here if you are planning to let it out.

Extremadura

There are no specific rules and regulations for holiday lets in Extremadura. But to justify all the regulations of tourist apartments, it is necessary to carry out an activity project, signed by a technician and endorsed by the corresponding college. If you wish to let out a property in Extremadura then your property must:

  • Comply with accessibility regulations and fire regulations.
  • Comply with minimum size requirements. For example, ceiling heights for rented properties cannot be less than 2.5 metres.
  • Each bedroom must have access to a direct light source and fitted curtains or blinds.
  • The property must have hot and cold water and heating.
  • Property owners must complete a statement of responsibility.

Galicia

Management of tourist properties in Galicia is determined by decree 12/2017 which states that:

  • Properties can only be rented for short term periods of less than 31 days
  • Properties can only be rented in their entirety, and cannot be let on a room by room basis
  • Property owners must submit a declaration for each new set of guests that arrive

La Rioja

To let a property to tourists in La Rioja, the following conditions must be met:

  • The whole property must be rented. It is not permitted to let rooms or part-properties
  • Lets can only be temporary, although a maximum permitted rental period is not included in the guidelines
  • Your local town hall must be informed when each new set of tourists to the property arrives

Madrid

The use of tourist properties in Madrid is regulated by Decree 79/2014 of the Governing Council. This decree outlines the following terms for tourist lets in Madrid:

  • The whole property must be rented. It is not permitted to let rooms or part-properties
  • Property owners must present a Certificate of suitability for housing for tourist use (CVUT), drawn up by an architect, certifying that the established requirements are met.
  • The property must have hot and cold water, heating, direct ventilation to the outside, a fire extinguisher, emergency signs and an evacuation plan.
  • Property owners must complete a statement of responsibility

Murcia

The use of tourist properties in Murcia is regulated by Decree No. 256/2019. This decree states that short term rental properties must adhere to the following rules:

  • Individual rooms in a property can be let, but only if the owner resides in the property.
  • All lets must only be temporary, but no maximum occupancy period for short-term lets is given
  • Each property must have hot and cold running water and a fire extinguisher
  • Property owners must complete a statement of responsibility

Navarre

Because Navarre still doesn’t have specific regulations for tourist properties, if you wish to let out a property to tourists in the region then you will need to carry out an activity project, signed by a technician and endorsed by the corresponding college. In addition to this your property must:

  • Have a fire extinguisher, emergency lighting and an emergency plan.
  • Have hot water and heating.
  • Only be occupied for a maximum period of three months
  • Homeowners must complete a statement of responsibility

Valencia

If you wish to secure a tourist licence in Valencia then you should ensure that you meet the following criteria:

  • The whole house should be rented. It is not possible to rent rooms or part properties in Valencia.
  • Tourist lets can only be temporary, although a maximum time frame for this is not specified
  • Tourist properties require a favourable report of urban compatibility issued by the town hall of the municipality they're located in.
  • Homeowners must complete a statement of responsibility

 Are you thinking of living and working in Spain? Does the idea of a nomadic lifestyle appeal to you? Whether you dream is to buy a property in Spain or rent a property in Spain, Right Casa Estate Agents is perfectly placed to help you find the home of your dreams with offices in Calahonda and Alhaurin de la Torre, we have over 2000 properties on the Costa Del Sol for sale! Get in touch today to find out more about how we can help you.