The rules for getting a tourist licence to rent out your Spanish property

Many people looking to buy in Spain may want to buy a Spanish property as an investment and rent it out on Airbnb or similar. Or perhaps they want to use it as a holiday home and then rent it out to tourists during the rest of the year.

If this is your plan, you need to be aware that in most cases you will need a tourist licence in order to legally rent your property out short term.

As with many rules and regulations in Spain, it will depend on where in Spain your property is located. Each of Spain’s 17 regions has its own slightly different rules when it comes to renting out to tourists. Sometimes it will even depend on what city or town you live in as these rules can also differ from the wider regional laws. This is usually the case for big cities that are popular with tourists such as Barcelona, San Sebastian and Valencia.

In order to obtain a tourist licence, in most instances you will need to go to your local town hall or ayuntamiento to find out your local regulations and fill out the necessary paper work. Be aware, however that getting a tourist licence for all locations may not be possible. 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 requisites that each region requires in order for you to be able to get a licence, if it’s legally available.

Andalusia

Decree 28/2016 and modified Decree 194/2010 on tourist apartments in Andalusia states that properties:

• Must not be rented out for periods of more than two months.
• Can be rented out by rooms, as long as the owner also resides in the house.
• Rooms must have direct ventilation to the outside, curtains or blinds, cooling systems for summer and heating for winter.
• A statement of responsibility is required.

In mid-February 2023, the regional government of Andalusia modified a decree to enable Andalusian municipalities to control the growth of tourist apartments in the region, as long as they argue reasons of "general interest". Neighbourhood communities may also prevent this activity in certain properties.

The rules may also change depending on the city your property is located in. For example in Seville, the city council has said that all tourist rentals must now meet the same requirements as a hotel. To find out more about it, click here. 

READ ALSO - EXPLAINED: What are Spain's rules and taxes for Airbnb rentals?

Aragón

Decree 80/2015 of the Government of Aragón, which approves the regulations for tourist-use homes in the region states that properties:  

• That are rented out for less than one month must be regulated.
• They must comply with current regulations on habitability and safety.
• They must have hot and cold water and heating.
• The house must be rented out in its entirety. 
• A statement of responsibility is required.

Asturias

The 48/2016 on vacation homes and homes for tourist use in Asturias says that:  

• Tourist rentals will be contracted in full or by rooms without the need for the owner of the house to reside in it.
• Rentals will be temporary, and cannot become the main or secondary residence of the tourist users.
• They must have hot and cold water, heating, a fire extinguisher and emergency lighting.
• The rooms must have direct ventilation to the outside and curtains or blinds.
• A statement of responsibility is required.

Balearic Islands

Law 6/2017 and amending Law 8/2012 on tourism in the Balearic Islands, relating to the marketing of tourist stays states that the councils may regulate, condition or prohibit tourist activities. This means that buying a property to let out to tourists here is a risk as the rules could change at any time. For now:

• The property must be rented out in its entirety.
• It cannot be marketed for periods of more than one month.
• It 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.
• A statement of responsibility is required.

READ ALSO: Which cities in Spain have new restrictions on tourist rentals?

Basque Country

Law 13/2016 on Tourism in the Basque Country says that homes for tourist use must: 

• Be rented out in their entirety or by rooms, as long as the owner resides in the home.
• Not be rented out for periods of more than one year.
• A statement of responsibility is required.

Like in other regions, the laws can vary depending on where in the Basque Country you are. For example, in San Sebastián, neither tourist flats nor hotels can be opened in the Old Town. To learn more about the rules there click here.

Canary Islands

Decree 113/2015, which approves the regulations for holiday homes in the Canary Islands says:  

• Renting out of homes will be temporary, and may not imply a change of residence by the user.
• The renting out of individual rooms is prohibited.
• A statement of responsibility is required.

Different islands may also have their own regulations on where you are allowed to operate a tourist rental, so it's important to find out from your local town hall. 

Cantabria

Decree 225/2019, which regulates homes for tourist use in the region of Cantabria describes the requirements of tourist homes as:

• The transfer of the home will be temporary, and may not imply a change of residence by the user.
• It can be rented out by rooms, as long as the owner resides in the house.
• The house must have a fire extinguisher per floor and a certificate of occupancy.
• A statement of responsibility is required.

Castilla-La Mancha

Decree 36/2018, which establishes the management of tourist apartments and homes for tourist use in Castilla-La Mancha states: 

• The house must rented out in its entirety.
• It must be temporary, although the maximum period has not been determined.
• It must comply with the provisions of current regulations on habitability and safety for residential use as a home.
• It must have direct ventilation to the outside or to patios, with blinds or a similar darkening system on the windows.
• Have heating and air conditioning in the bedrooms and living room.
• It will have at least a living-dining room, kitchen, bedroom and bathroom.
• A statement of responsibility is required.

Castilla y León

Decree 3/2017 which regulates accommodation establishments for tourist use in of Castilla y León says:

• Properties cannot be marketed for periods of more than two months.
• They must have, at least, the following units: bedroom, living-dining room, kitchen and bathroom or toilet, (except for studio-type tourist homes, in which the bedroom, living-dining room and kitchen will occupy a common space).
• The bedrooms must have an area for direct ventilation to the outside and with blinds or curtains that prevent outside light.
• The minimum useful area of ​​the bedrooms will be 7m² in the case of single bedrooms, 10 m² for doubles, and 4 m² for each additional bed, excluding areas for bathrooms and terraces.
• The kitchen will always have direct ventilation.
• The house will have hot and cold water and heating.
• A statement of responsibility is required.

Catalonia

Decree 159/2012 on tourist accommodation establishments and houses for tourist use states: 

• Properties cannot be marketed for periods of more than one month.
• They must have a certificate of habitability.
• They require prior notification for each set of new guests at your local town hall.  

Keep in mind, Barcelona has its own set of rules and will no longer issue tourist licences. You can find out more about the specific city rules here. 

Extremadura

Extremadura has not yet created a specific regulation that includes houses for tourist use. 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. In order to do this all tourist apartments must have the following: 

• It must comply with accessibility regulations.
• It must comply with fire regulations (extinguishers, emergency lights).
• It must comply with the minimum sizes. The minimum height of the ceilings will be 2.5 metres.
• The rooms must have direct light to the outside and curtains or blinds.
• They must have hot and cold water and heating.
• A statement of responsibility is required.

Galicia

Decree 12/2017, which establishes the management of tourist apartments, tourist homes and homes for tourist use in Galicia states:  

• The house will be rented for short-term stays (less than 31 days).
• The entire house will have to be rented.
• A declaration must be submitted each time new guests arrive. 

La Rioja

Decree 10/2017 which approves the General Regulation of Tourism of La Rioja in development of Law 2/2001 of Tourism of La Rioja requires all tourist rentals to meet the following: 

• The entire house will have to be rented.
• It must be temporary, although the maximum period is not determined.
• You must notify your local town hall when each new set of tourists stays.

Madrid

Decree 79/2014 of the Governing Council, which regulates tourist apartments and homes for tourist use in Madrid says: 

• The entire house will have to be rented.
• It is necessary to present a Certificate of suitability for housing for tourist use (CVUT), drawn up by an architect, certifying that the established requirements are met.
• It must have hot and cold water, heating, direct ventilation to the outside, a fire extinguisher, emergency signs and an evacuation plan.
• A statement of responsibility is required.

It is important to know that in Madrid there is also a Special Plan for the Regulation of the Use of Tertiary Services in the Lodging Class (PEH), which regulates and limits tourist uses in the municipality, dividing it into perimeter rings. Therefore, within this municipality, it will be necessary to request an operating license justified with a technical project. The capital city also has its own laws on the matter, which you can find out more about here.

Murcia

Decree No. 256/2019 which regulates homes for tourist use in the region of Murcia has the following rules: 

• Individual rooms may be rented out, as long as the owner resides and is registered in the house.
• It must be rented out temporarily, although the maximum period is not determined.
• It must have hot and cold water.
• It must have a fire extinguisher.
• A statement of responsibility is required.

Navarre

There is still no regulation of its own that includes rules on properties for tourist use in Navarre. 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.

The requirements of the tourist apartments are the following:

• They cannot be marketed for periods of more than three months.
• They must have a fire extinguisher, emergency lighting and an emergency plan.
• They must have hot water and heating.
• A statement of responsibility is required.

Valencia

Law 15/2018 of the Generalitat of Valencia, on tourism, leisure and hospitality states:

• Tourist properties require a favourable report of urban compatibility issued by the town hall of the municipality they're located in.
• Properties must be rented out temporarily, although the maximum period is not determined.
• The entire house will have to be rented.
• A statement of responsibility is required.

Valencia city also has its own specific rules about where tourist rentals can be located and on what floors of the building, so it can be quite restrictive. To learn more about Valencia city specifically, click here.