Thinking of renting out your Spanish holiday home? You’re not alone. According to our latest survey, 42% of our readers are considering it. But with new restrictions, licensing rules and anti-tourism sentiment making headlines, you need to be well-informed.
Spain’s holiday rental rules are changing – but with the right approach, it’s still possible to rent out your home legally and profitably. Here’s what you need to know.
Why is Spain cracking down on holiday rentals?
Earlier this year, Spain’s Prime Minister Pedro Sánchez sparked fears among overseas home buyers by proposing a potential 100% property tax. Combined with a rise in anti-tourism protests and new regional laws limiting rentals, it has created understandable concern among owners and would-be buyers.
The motivation behind these changes is Spain’s housing crisis, especially in city centres and coastal hotspots. With thousands of homes being used exclusively for short-term lets, the government is aiming to release more housing stock for long-term use by locals. This means tighter controls and more regulation around holiday rentals – though how this is applied varies by region and community.
What if you already own a property?
If you already hold a tourist rental licence, you’re in a strong position. Once granted, a licence remains valid even if your local community later votes to restrict or ban holiday rentals.
However, in some cases, existing by-laws within a development may now be interpreted in a way that limits your ability to advertise your property. For example, some communities are applying clauses that prohibit “economic activity” – which can now be taken to include short-term letting, even if it wasn’t originally intended that way. In such cases, you may find it difficult to obtain the additional registration number needed to list your home on popular rental platforms.
You need a special registration number to advertise your home on rental websites
What if your property doesn’t have a licence?
If your property is within a community that currently allows holiday rentals, but you don’t yet have a licence, you’ll now need the express consent of at least 60% of the community to apply for one.
This consent must be granted at an official meeting – either the annual general meeting or an extraordinary general meeting. In some developments, these votes are taken case-by-case. In others, a blanket rule is applied annually. If fewer than 60% of owners attend the meeting, the measure can still go ahead after one month, provided the meeting minutes are shared and no objections are received. This “silent consent” process is increasingly being used to get measures passed.
How different developments are reacting
There is no one-size-fits-all policy. Every community in Spain has the right to decide how it handles holiday rentals, within the framework of national and regional laws. As a result, you’ll find considerable variation depending on location and local governance.
In some developments, owners have voted to continue allowing rentals, with minor conditions such as a minimum stay requirement. In others, communities are referencing by-laws that prohibit commercial activity – and interpreting them to block rentals, even when licences have already been granted. Elsewhere, holiday rentals have been banned entirely through majority vote. However, these bans cannot be applied retrospectively to properties with valid existing licences.
And then there are the town halls…
It’s not just communities making decisions – municipalities and regional authorities are also tightening control. But it’s important to separate fact from fiction.
Headlines like “Malaga bans 16,000 holiday rentals” often sound dramatic but refer to a crackdown on unregistered or illegal rentals. In many cases, this is about enforcing licensing laws rather than banning tourism altogether.
That said, some towns and cities have introduced temporary freezes on issuing new licences – in some cases lasting up to three years – and others are considering outright bans in specific zones. If you’re planning to rent your property in future, it’s vital to research the local council’s stance before you buy.
Three tips for renting legally and smartly
1. Get the right team behind you
This is not the time to take risks or rely on guesswork. Make sure you work with a qualified lawyer and estate agent who understand the local rules and how to interpret them. With the right support, navigating the current regulations is perfectly manageable – but it can be overwhelming without expert advice.
2. Act quickly
If you haven’t yet bought but plan to rent, time is of the essence. Properties with existing licences are increasingly attractive – and could become harder to find as regulations tighten. Acting now could protect your long-term options.
3. Consider buying on a new development
Some developers are building in safeguards to ensure holiday rentals remain an option. It’s common for new developments to be under the developer’s control for the first 12 months – meaning there’s a window of opportunity to obtain a licence before any restrictive community by-laws are put in place.
Buying early and applying for your licence during that initial phase could offer valuable protection against future community votes that might otherwise limit your rental options.
Final thoughts
Spain’s holiday rental market is evolving – but it is still open. With smart planning, good advice and a clear understanding of local policies, it’s entirely possible to rent out your property successfully and legally.
The key is to stay informed, act promptly and seek expert help before making decisions. Holiday rentals are far from over – you just need to choose your property, location and timing wisely.
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