I’m sure many of you have already seen the recent headlines regarding the Spanish Supreme Court’s decision to cancel the new national registration system for short-term rentals in Spain. Unsurprisingly, the news have created confusion amongst many property owners, particularly those who rent their properties through platforms such as Airbnb or Booking.com.
As many of you may remember, only a few months ago we discussed here at MAM Solicitors the introduction of this new national registration requirement. Under the new rules, owners advertising short-term or holiday rentals online were required to obtain a national registration number (commonly referred to as the NRUA or NRA number) in addition to complying with their existing regional tourist licence requirements.
At the time, this represented a significant change for the sector, especially for owners already operating legally under the regulations of their Autonomous Community.
However, the legal situation has now changed once again.
The Spanish Supreme Court has ruled against this new national registration system, considering that the central government may have exceeded its powers by introducing a state-wide register in an area that is largely regulated by the Autonomous Communities themselves.
As a result, the national registration number system has effectively been cancelled in its current form.
That said, it is extremely important to clarify one key point from the outset: this decision does not mean that tourist rentals in Spain are no longer regulated, nor does it create a situation where properties can now be rented freely without any controls or legal obligations.
Regional tourist licences, local town hall regulations, tax obligations and restrictions imposed by communities of owners all remain fully in force. In practice, property owners must still continue complying with the rules established by their corresponding Autonomous Community in order to rent their property legally.
So, what exactly has the Supreme Court cancelled?
The ruling specifically affects the national registration number system (the NRUA/NRA registration requirement) that the Spanish Government intended to introduce for short-term rental properties advertised on digital platforms.
In simple terms, the Supreme Court has questioned whether the central government had the authority to create a single national register for tourist rentals when tourism regulations are primarily managed at regional level.
However, the decision does not eliminate the existing regional licensing systems already in place throughout Spain.
Are holiday rentals still regulated in Spain?
Yes, absolutely.
Despite some of the alarming headlines circulating online, holiday rentals in Spain continue to be fully regulated. Owners must still comply with the legal requirements applicable in their region, including obtaining the relevant tourist licence where required, complying with local planning or community regulations and declaring any corresponding tax obligations.
The Supreme Court’s decision only affects the new national registration number system. It does not legalise unlicensed tourist rentals or remove the obligations that already existed under regional legislation.
What happens if you already obtained your NRUA or NRA number?
For owners who have already completed the process and obtained their national registration number, there is currently no reason to panic or make sudden changes.
At this stage, the most sensible approach is to continue maintaining all existing licences and registrations continue complying with regional regulations and avoid removing any registration details from platforms such as Airbnb or Booking.com until the authorities provide further clarification.
Importantly, the court ruling does not invalidate existing regional tourist licences or previously authorised rental activity.
And what happens to applications that are still pending?
This is currently one of the areas creating the most uncertainty.
Many owners had already started the application process for the NRUA/NRA number before the Supreme Court’s decision was issued, and the authorities have not yet confirmed how these pending applications will ultimately be handled.
For now, there is no single official answer. Some applications may be temporarily suspended whilst the Government reviews the legal framework, whilst others could potentially be adapted to a revised system in cooperation with the Autonomous Communities.
Until there is more clarity, the safest approach for owners is simply to continue complying with all existing regional and local regulations, ensure their documentation remains up to date and avoid making unnecessary changes based solely on the recent headlines.
At MAM Solicitors, we continue to monitor all legal developments closely and will provide further updates as soon as the Spanish authorities clarify the future of the national registration system for tourist rentals in Spain.
