The Supreme Court overturns the single registry for short-term rentals
Spain’s Supreme Court has overturned the requirement for owners of tourist apartments and short-term rental properties to register in a single national registry (the NRAU) before being able to operate or advertise online wtih websites like AirBnB and booking.com.
The supreme court has ruled, in sentencia nº 620/2026, that the Spanish National Government did not have the authority to impose this national registry, because tourist rental regulation is mainly the responsibility of Spain’s autonomous communities.
However, this doesn´t mean that the tourist rentals are now unregulated.
The Supreme Court ruling partially upholds the appeal, annulling only those provisions that created the so-called “single rental registry.” However, it dismisses the appeal regarding the provisions that regulate the single digital rental portal, the data transmission obligations of online platforms, and the transmission of data for statistical purposes.
The court begins by acknowledging that there is “growing concern, both at the European Union and national levels, about short-term rentals using online platform services,” and that efforts are being made to curb the abuses that have been occurring in the use of this type of rental to circumvent national regulations on long-term rentals or the regional sectoral regulations on tourist rentals created by the Autonomous Communities.
Important to know:
- Please be aware that online booking platforms such as AirBnB and Booking.com may still have reporting obligations towards regional and/or national governments, and local or regional restrictions can still apply to the property and or rentals.
- Also you still have the obligation to declare your income on the rentals to the Spanish national tax office.
- A valid tourist licence is still a legal requirement in the case that in your region the law is that you need one. Also as a landlord you must still comply with the rules in your own autonomous community and also make sure that the tenant obey the rules of the community of owners.
