If you own a holiday rental in Spain, or you’re thinking about buying one, you’ve probably heard about the legal rules introduced in 2025—and the Supreme Court ruling that changed some of them again in May 2026. So what actually applies today? Do you still need national registration? What about community approval? Here’s a straightforward guide to the rules currently affecting holiday rental owners and investors.
A quick update on what’s happened
In 2025, Spain introduced a number of important changes to holiday rental regulations, including a new National Short-Term Rental Registry (NRA) and updated rules affecting new holiday rental licences in residential communities. However, in May 2026, Spain’s Supreme Court annulled the national registry, ruling that it exceeded the central government’s powers and duplicated existing regional systems.
As a result, the NRA is no longer required, but the other legal changes, including the community approval rules for new holiday rentals, remain in force.
Here’s how it can affect you in practice:
1. New property? You must obtain community approval
Although the Spanish Supreme Court annulled the NRA-registration requirement, the other section of the law, which concerns residents community licences, is still in force. This means that if you’ve bought a property in Spain in an apartment building or housing complex with multiple owners that form a residents’ community, you need to get approval from at least 60% of the community to rent your property out short-term.
What this means in practice:
- You must ask for community approval
- You have to check if the local town hall has any extra rules
- You need to have an up-to-date Nota Simple property document (approximate cost 9€)
📌 Rincón can help you with this
Also, keep in mind that if you buy a property, you still need to get permission from the community even if other homes in the building already have short-term rentals, and even if the previous owner had a licence. In other words, each new owner has to apply again for a rental licence with the community’s approval.
If you’re considering buying in a building with existing short-term rentals, find out what the community’s current stance is.
How can I get community approval?
Usually the votes for new holiday rental licences are held during the resident community’s annual meeting, although some communities may have more expedient processes. If you’re a new owner planning to rent out your property, it’s crucial to attend the meeting or assign your vote to someone you trust. For example, Rincón can go on your behalf, if we’re managing your property.
2. You no longer have to NRA-register, but you still have to register regionally
Although the National Short-Term Rental Registry (NRA) has been annulled by Spain’s Supreme Court, holiday rental properties in Andalucía must still be registered with the Junta de Andalucía. This regional registration remains a legal requirement before you can advertise and rent out your property for short-term holiday stays. Existing obligations, including guest registration with the police, safety requirements, and compliance with regional regulations, also continue to apply.
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3. What happens if you don’t follow the rules?
Failure to comply with Spain’s holiday rental regulations will have consequences. Depending on the nature of the breach, you could face fines, the suspension or loss of your holiday rental licence, or enforcement action by your local council, your owners’ community or the Junta de Andalucía, the regional authority responsible for regulating holiday rentals. Staying compliant is essential to protect both your investment and your rental income.
📌 Rincón can help you with this
What about all the other rules?
If you’re looking for more information about the general rules for buying property and managing short-term lets in Spain, see our full guide here.
The easiest way to handle new Spain rental rules
The easiest way to deal with all this is to have a good property manager like Rincón who will keep your property compliant or advise you on new investment. The rules can change fast, and there’s a lot to keep track of. We’re specialists who have been operating for 15+ years and helped 100+ owners run legal and profitable holiday rental businesses across the Malaga province. If you need help understanding how new legal updates affect your property, fill in this form or contact our team.
