Tourist Rentals

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New Royal Decree on Housing & Rental

1st.- Elimination of the need to register the lease contracts in the Property Registry, so that it may produce effects with respect to third parties It is no longer necessary for the lease contracts to be registered in the Land Registry so that they can have effects with respect to third parties during the period of minimum duration legally foreseen. Thus, if during the first five or seven years of the contract, depending on the landlord being a natural or legal person, the right of the landlord is resolved by causes established in Law, the tenant may continue in the lease until...

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New Decree regulating tourist rentals in Spain overturned by Congress

The Royal Decree-law 21/2018, of 14 December 2018, of urgent measures in the matter of housing and rent was revoked yesterday, 22 January 2019, by the Congress of Deputies. 243 deputies out of 350 voted against it. So, questions again: What  guarantee is required in a rental agreement? There is no limit to the guarantees that the owner can request from the tenant.  In the decree that the Government has overturned, this guarantee was limited to a maximum of two months. What extension is mandatory for home rental contracts? It depends when the contract was signed.  If the contract was signed during the 35 days...

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Collaborative platforms & tourist websites under tax control in Spain

On 24th May 2018, model 179 on "Quarterly informative declaration of the assignment of use of housing for tourist purposes"  was approved. It is another controversial information obligation which is now being reviewed by the Supreme Court. Despite the information obligation being quarterly, the Treasury agreed, exceptionally, that  incomes obtained in 2018 could be declared between the 1st and the 31st of January, 2019. Thereafter, the declaration will be made every quarter. So, this month will be crucial for  collaborative platforms which offer an intermediary service between owners and tourist tenants in Spain.  The Treasury is being very pro-active on this. The obligation is on...

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New rules in relation to tourist rentals in Spain come into force today

The new rules for tourist rentals imply a control power over tourist rentals by the Community of Owners The use of properties as a "tourist" lease can be prohibited by agreement of 3/5 parts of the totality of owners and shares in the community. The same majority will be required for the creation of additional fees or an increase in the share of the common expenses of particular units where said tourist rentals are carried out. These modifications cannot imply an increase of more than 20%. These agreements will not have retroactive effects and once adopted by the above mentioned quorum, must be...

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