Hexuvium

Short-term rental in Spain: rules and advice for owners

What the law in Spain asks of owners who let their home on Airbnb or Booking, which cities are open or restricted, and our practical advice. Updated 30/09/2026.

Spain
Photo: Seville, Plaza de España (38625005691) (edited) — Dmitry Dzhus from London, CC BY 2.0, Wikimedia Commons

A patchwork run by the regions

Spain has no single national licence for holiday lets. Tourism belongs to the autonomous communities, each of which keeps its own register and usually requires a responsible declaration (declaración responsable) before a flat can be marketed; town councils then decide where lets may operate through zoning, quotas and moratoriums. The State tried to add a national layer: Royal Decree 1312/2024 created a single rental register from July 2025, but on 21 May 2026 the Supreme Court (judgment 620/2026) annulled that registration procedure for lack of state competence, while keeping the platform data-sharing rules. Regional registers are untouched.

Neighbours now hold a veto

Since 3 April 2025, under Organic Law 1/2025, a flat in a building under horizontal property can only start a new tourist activity if the owners' association approves it by a three-fifths majority. Read your building's statutes and minutes before anything else.

Where our Spanish cities stand

Guests, tax and paperwork

Hosts must send guest details to the Interior Ministry through the SES.Hospedajes platform, as required by Royal Decree 933/2021. Catalonia and the Balearic Islands add a regional tourist tax per night. Rental income is taxable in Spain, and owners who are not tax resident declare it through non-resident income tax returns.

What we would do in your place

Check the municipal plan for your exact street before buying, secure the community vote in writing, then file with the regional register. Where a moratorium applies, weigh a mid-term rental against a patient wait. Tell us the address and the project; we study every request and tell you honestly whether and how we can help.

Where it earns most: AirDNA markets

MarketAvg nightly rateOccupancyAvg yearly revenueRules
Sant Josep de sa Talaia€1,09458%€150,564freeze
Sant Antoni de Portmany€93260%€145,899freeze
Sencelles€75461%€119,115freeze
Andratx€84161%€112,912freeze
Santa Eulalia del Río€99258%€112,181freeze
Marratxí€83357%€107,399freeze
Sant Joan de Labritja€60861%€71,809freeze
Calvià€50061%€66,215freeze

AirDNA 2026, markets with at least 150 active listings and more than $30,000 of yearly revenue per listing, converted at 1 EUR = 1.1567 USD. These are the strongest markets, not the national average, and not a promise.

Neighbouring countries

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Frequently asked questions

Is Airbnb legal in Spain?

In Spain the regions register holiday flats, town halls decide where they may operate, and since 2025 neighbours in a building can block a new one.

Can Hexuvium manage my property in Spain?

Send us your address and a short description. We check the national and local rules for your exact property in Spain, then tell you honestly whether and how we can help — free and without obligation.

Sources

Thinking of renting out your home?

Tell us about your property: we study every request, check the local rules with you and tell you honestly whether and how we can help. Free and without obligation — Hexuvium, managing short-term rentals since 2015.

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