Royal Decree 1312/2024, of 23 December (BOE 24/12/2024), has come into effect on 1stJuly 2025%, regulates the Single Register for short term accommodation rentals procedure and creates the Single Digital Entry Point for the exchange of data on short-term rentals aiming at complementing Law 12/2023, of 24 May, on theright to housing, in terms of seasonal and touristic rentals.
RD 1312/2024, among its provisions, creates the aforementioned registers, defining the Short-Term Accommodation Rental Service as the remunerated rental -professional or non-professional, on a regular or non-regular basis - for a short period of time, of one or more units for tourism purposes or not, within the framework of the seasonal lease of Law29/1994 of 24 November, of urban leases (LAU) and those of ship regulations subject to Regulation (EU)2024/1028 of the European Parliament and of the Council of 11 April 2024 on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724, -and consumer and user protection regulations where applicable. It provides for the following main measures:
(1).- Single Rental Register.
It creates a single register for short-term rentals – tourist, seasonal, of an accommodation unit or part of it, adding a series of obligations for lessors:
a) Obtain a registration number for each unit asa requisite to offer rental services on online digital platforms. The followingchannels are created for the registration procedure: the Electronic Office ofthe Association of Property and Commercial Registrars of Spain (“SedeElectrónica del Colegio de Registradores de la Propiedad y Mercantiles deEspaña”) and electronically in the corresponding Property or Movable Property Registry.
b) Information to be included in the applicationfor registration:
(i) Identification data of the lessor (nameand surname, DNI-NIF or CIF, address, telephone number, and email address, andin the case of legal entities, their company name and also identification oftheir legal representative and their ID
(ii) Exact Unit address (e.g. street, number,building, floor, apartment no. etc.)
(iii) Single Register Number, cadastral reference no., and type ofunit-accommodation,
(iv) Whether the unit is offered as a whole or a part of it.
(v) Maximum number of tenants, guests that can be accommodated in the unit,
(vi) License, visaor authorization required by regional or municipal legislation (1) legislation– or in the case of prior notice, sworn statement that it has been given andthat the prior notice period has elapsed, allowing the activity to start.
(vii) Category(s)and type(s) of lease for which registration is requested, simultaneously allowing: (a)whole or partial units for short-term non-tourist use; or (b) whole or partial units for short-termtourist use; and a number is provided for (c) ships and other permittedproperty.
c). Communicate to online platforms theregistration number of your unit to offer it on said platforms, andmeet the information requirements provided about units for which registrationnumber is obtained and update the information provided.
(2).- Spanish Single Digital Entry Point.
In compliance with Regulation (EU) 2024/1028 of 11 April 2024, the Spanish Single Digital Entry Point has been created as a national digital gateway for the exchange of data with online short-term rental accommodation platforms and other unctions. It is under the control of the Ministry of Housing and Urban Agenda.The Platforms will submit the data to comply with art. 6 and must provide their contact details and data machine-to-machine communication , with features that, among others, allow to consult activity data by unit and URL of thelessors' advertisements on the platforms, interconnection with them, interface with competent authorities, etc.
Digital platforms must identify accommodations with their registration number and must transfer the data of the activity of each lease monthly to this Single Digital entry point
Notes.
(1). The regions, Autonomous Communities and municipalities maintain their powers over tourist rentals, so owners must comply with both state requirements and those of their autonomous community /city.
