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    SHORT-TERM RENTALS IN TENERIFE

    Short-term rentals in Tenerife have sparked significant debate, largely fueled by speculations triggered by the draft law preceding this decree.

    Short-term rentals in Tenerife have become a popular alternative to traditional accommodations in recent years. While offering flexibility and unique lodging experiences, they also come with challenges and obligations, such as administrative and financial compliance, sustainability, and impacts on local communities. Following the rental law, the registration system is now introduced.

    Unique Registration System

    With the rise of digital platforms facilitating this form of rental, the sector has experienced rapid growth. This has prompted policymakers to develop clear rules and structures to preserve the benefits while addressing the challenges.
    Royal Decree 1312/2024, which outlines the procedure for the Registro Único de Arrendamientos (Unique Short-Term Rentals Registry), was published on December 23, 2024, under number 309, and can be consulted [HERE].

    This Royal Decree introduces the Digital Rentals Portal, enabling the collection and exchange of data on short-term rentals and creating a centralized registration system for such activities.

    Spain Leads Europe

    The law will take effect on January 2, 2025, but full implementation will begin on July 1, 2025, allowing businesses and authorities a transition period to adapt to the new regulations.
    With this legislation, Spain becomes the first country in the European Union to implement the EU regulation requiring member states to establish an information system for short-term rentals, including a registration and identification system for rental units.
    Until penalties are defined for violations of this new law, existing sanctions and obligations under national, regional, and local laws will remain applicable.

    Scope of Application

    The Royal Decree establishes new rules for managing information related to short-term rentals, including services offered through online platforms. It applies to both tourist rentals and temporary room or other accommodation rentals.

    The following types of operations must comply with the prevailing legislation:

    • Tourist rentals: such as vacation homes and temporary stays.
    • Rooms and other units: rented for short-term use, provided they are offered through online platforms.
    • Special accommodations: such as boats and other mobile lodgings, as long as they are not intended for navigation.

    The regulation applies only if the property or accommodation is primarily used for short-term rentals, such as vacations, work, study, or medical treatments, and not for permanent residence.

    Obligations for landlords:

    • Obtain a registration number.
    • Provide and update the required information.
    • Share the registration number with online platforms.

    Obligations for online platforms:

    • Ensure that landlords include their registration numbers.
    • Make the registration numbers visible in advertisements.
    • Conduct regular checks and report negative results.
    • Share monthly data on rental activities and advertisements with the Digital Rentals Portal.

    Application Procedure

    Landlords must apply for a registration number via the Electronic Portal of the College of Registrars or at the competent Property Registration Offices.

    The application must include:

    • The exact address of the unit.
    • The unique cadastral code.
    • The maximum number of tenants.
    • Any necessary permits.

    If the accommodation requires a prior administrative permit, a copy of this permit must be included.

    There are three categories:

    • Entire properties, rooms, or parts of a property for non-tourist short-term rentals.
    • The same as above, but for tourist rentals.
    • Floating units such as boats suitable for short-term rentals.

    After verifying the application, a registration number will be automatically assigned.

    Correction Period and Annual Renewal

    If documentation errors are found and the applicant fails to correct them within seven working days, the validity of the registration number will be suspended. The relevant authorities will inform platforms, which must remove the advertisements.

    Each year, a summary of short-term rentals must be submitted for each category. This summary includes details of existing rental agreements and units not intended for permanent use.

    With this legislation, Spain takes a significant step toward regulating the fast-growing short-term rental market. It contributes to transparency and helps combat illegal activities. Simultaneously, it fosters better collaboration between landlords, platforms, and authorities, ensuring greater control and sustainability in the sector.

    Important Note

    This article, Short-term rentals in Tenerife, is for informational purposes only and provides an overview of the rules and recommendations related to this decree. For full compliance and to ensure legal adherence, the regulations established in the Royal Decree must be followed.

    Only this Royal Decree contains the binding provisions applicable to short-term rentals, including the steps required to comply with the law.

     

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    Short-term rentals in Tenerife ©

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    Guy Devos
    Guy Devoshttp://www.tenerifeconnect.com
    I have always given Tenerife a central place and have managed to weave the island into my texts within my editorial and journalistic network. The island, which I have been in love with for decades, has seduced me into writing three books, several reading pamphlets, and thousands of articles, columns, and prose. Information and news are the products, pen and paper are the tools, while engagement is the glue. I want to share the result with everyone. I had to discover it first, then I could articulate it because we are tied to our origins by a thousand threads. Not me..., I was just born in the wrong place. © All works are copyrighted. None of these works may be duplicated in any form without permission from the author.

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