Spain remains one of the world’s most popular tourist destinations, attracting millions of visitors annually. As short-term rentals have surged in popularity, the Spanish government and regional authorities have intensified regulations to maintain the balance between tourism and local quality of life. Central to these regulations is the requirement of a Tourist Licence (Licencia de Vivienda Turística), a legal permit essential for any property owner wishing to rent their property to tourists for short-term stays.
The concept of a tourist licence in Spain is relatively recent, arising as a response to the dramatic surge in short-term holiday rentals in the last two decades. Traditionally, tourist accommodations in Spain comprised primarily hotels, hostels, guesthouses, and regulated resorts, with very clear legal frameworks for licensing, inspection, and taxation.
However, the global rise of internet platforms such as Airbnb, Booking.com, and HomeAway significantly disrupted the traditional hospitality sector, making it easier for homeowners to rent properties directly to tourists. While this provided additional income streams for property owners and broadened tourist accommodation options, it also brought with it a series of challenges including tax evasion, unregulated safety standards, and issues related to housing affordability and community disruption.
A tourist licence (also known as a Licencia de Vivienda Turística) in Spain is an official permit that authorises property owners to legally rent their properties to tourists on a short-term basis.
The tourist licence is issued by the regional tourism authorities, and its primary purpose is to ensure that rental properties meet strict quality, safety, and habitability standards, protecting both tourists and local communities. Obtaining a tourist licence involves meeting specific requirements, such as:
Operating without a tourist licence is illegal in Spain and may lead to substantial fines, penalties, or legal complications. Regulations differ significantly from one autonomous community to another, so property owners must ensure compliance with their specific regional laws.
Initially, short-term tourist rentals operated in a regulatory grey area, with very few clear guidelines. Recognising the need to standardise this rapidly growing sector, autonomous communities across Spain started to develop their own regulatory frameworks from around 2012 onwards. Initially fragmented and varying widely between regions, these regulations gradually began to converge in certain common aspects, including licensing and mandatory registration.
The primary aim of these early regulations was to protect both tourists and local residents. By ensuring safety and quality standards through mandatory inspections and licences, authorities intended to mitigate potential negative impacts on residential neighbourhoods and the broader tourism sector.
Between 2016 and 2019, significant regional legislative changes took place across Spain, driven by an increasing awareness of the economic and social impacts of short-term rentals. Major cities like Barcelona and Madrid saw housing prices rise sharply, partly due to the proliferation of tourist rentals, leading to increased political pressure to better regulate the sector. Regions such as Andalusia introduced Decree 28/2016, a foundational regulatory framework mandating clear standards and registration procedures. Similar measures were adopted by other regions like the Valencian Community, Murcia, the Balearic Islands, and Madrid, each tailored to address specific local issues but broadly focused on standardisation, safety, and transparency.
Significant changes in Spain’s regulations are set to reshape the landscape for tourist rental properties. The new regulations have both nationwide and regional variations, effective primarily between 2024 and 2025.
From 3rd April 2025, all property owners across Spain will require explicit approval from their Community of Owners (Comunidad de Propietarios) to operate short-term rentals. Approval will necessitate at least a 60% majority vote within the community. Additionally, a centralised national registry (Registro Único) will become mandatory from 1st July 2025, enhancing regulatory oversight and transparency. All tourist properties must register and obtain a unique identification number to advertise on rental platforms such as Airbnb or Booking.com.
In Murcia, tourist rentals must be registered electronically with the regional authorities. The licence number must be clearly displayed in all advertisements, and owners must visibly display their property’s registration externally. Properties should provide amenities including hot and cold water, proper electricity, TV, and home insurance. Murcia has recently partnered with Airbnb, mandating immediate compliance with registration requirements for all advertised listings.
Andalusia operates under Decree 28/2016, requiring properties to meet stringent safety and amenity standards. Owners must submit a “Responsibility Statement” to secure their tourist licence and visibly display their licence numbers. From April 2025, community approval will also become mandatory here, accompanied by potential increases in communal fees up to 20% for tourist rental properties.
Significant updates in the Valencian Community, effective 2nd August 2024, introduce licence validity periods (renewable every five years) and restrict rentals exclusively to entire properties—prohibiting individual room rentals. New applications will require written community consent confirming that short-term rentals are permitted. Properties must also comply with comprehensive safety and infrastructure requirements, including evacuation plans, emergency contacts, internet connectivity, and climate control systems.
Madrid’s regulations require property owners to obtain a Tourist Accommodation Suitability Certificate (CIVUT). Compliance includes adequate furnishing, emergency contact availability, clear property identification, and liability insurance. Community approval will similarly be mandatory starting April 2025, reflecting a broader effort to control the proliferation of tourist rentals and its impact on local housing markets.
These sweeping regulatory changes represent a significant shift, increasing administrative responsibilities for property owners. Compliance now involves navigating community-level approvals, maintaining up-to-date registrations, and meeting stringent property standards. Non-compliance can result in heavy fines, licence revocation, and potential legal action.
To ensure compliance and avoid disruptions:
The approval period can vary depending on the region. Typically, it ranges from a few weeks to a couple of months. Regions like Andalusia and Murcia often process licences within 4-6 weeks, while places such as Valencia or Madrid might take longer due to additional documentation or inspections.
Yes. From April 2025, homeowners’ associations (Comunidad de Propietarios) will have the right to vote on whether properties within their buildings can be used for tourist rentals. A favourable vote of at least 60% (3/5) of community members is required.
Renting without a valid tourist licence can result in significant financial penalties, typically ranging from €6,000 to €60,000 depending on the severity of the violation and the region. In some cases, authorities may suspend your right to rent altogether.
In most regions, once granted, the licence remains valid indefinitely, provided you maintain compliance. However, recent changes in the Valencian Community mean licences granted from August 2024 onwards will need renewal every five years. Always confirm regional specifics to ensure compliance.
At Heniam, we specialise in Spanish property law, immigration, and community management. Our experienced legal professionals can assist you through the complexities of obtaining a Tourist Licence, securing community approvals, and ensuring compliance with regional standards.
Contact us today for a free consultation. Our expert team will guide you through every step, protecting your interests and helping you maximise the potential of your property.
Stay compliant, avoid risk, and enjoy peace of mind with Heniam.