Tourist license in Spain – Everything you need to know in 2025
What should I know:
- A tourist licence is mandatory for any property intended for short-term rental in Spain.
- Penalties for not having a licence can range from €3,000 to €150,000 depending on the region.
- Regulations vary significantly between Spain’s autonomous regions
- From April 2025, housing communities will have greater powers to ban tourist rentals
- The profitability of tourist rentals (up to 8%) is often higher than that of long-term rentals (3-5%)
- The licensing process takes between 2 weeks and 3 months, depending on the region
- Many popular cities have introduced restrictions on new tourist licences
The tourist rental market in Spain
The Spanish tourist rental market is undergoing rapid growth. According to the latest data, this sector generates revenues of €3.14 billion (2024), with a forecast growth of 1.25% per annum until 2028. Short-term rentals have become an important pillar of the Spanish economy, generating around €6 billion per annum and forming part of the tourism sector, which accounts for 13.4% of the country’s GDP.
Spain is approaching the figure of 400,000 homes designated for tourist use, confirming a growth rate of over 15% per annum. For foreign investors, this market represents an attractive alternative to traditional forms of rental, offering potentially higher returns on investment.
Tourist licence in Spain – basic information
Definition of a tourist licence
A tourist licence (licencia turística) is an official legal permit required to operate a short-term property rental business for tourist purposes. It is a document issued by regional authorities that certifies that a property meets all the technical, safety and quality requirements set out in the regulations.
The licence may be granted to both individuals and companies, but it always refers to a specific property. It is a kind of guarantee of the legality of the business, which protects both the owner and the tourists using the accommodation.
Differences in regulations between autonomous regions
One of the most distinctive aspects of the Spanish tourist licence system is the decentralisation of regulations. Competence in the field of tourism lies with the autonomous communities, which means that each region can establish its own regulations on short-term rentals. In addition, individual municipalities may introduce additional requirements, provided that they do not conflict with regional regulations.
For example, if you plan to rent out a tourist flat in Barcelona, you must comply with both Catalan regulations and specific Barcelona city regulations, including the Plan Especial Urbanístico de Alojamiento Turístico (PEUAT).
| Region | Specific requirements | Additional restrictions |
|---|---|---|
| Catalonia | Certificate of habitability, registration in the Registro de Turismo de Cataluña | PEUAT in Barcelona – restricted zones |
| Madrid | Independent access, lift for tourists, CIVUT | Reside Plan – suspension of new licences |
| Andalusia | Registration in the Andalusian Tourism Registry | Restrictions in city centres |
| Valencia | Energy certificate, minimum area | Restrictions in certain areas |
The history of short-term rental regulations
Regulations governing tourist rentals in Spain have a long history. The first references appeared in the decree of 17 January 1967, which regulated the issues of tourist apartments and bungalows. However, it was not until Royal Decree 2877/1982 of 15 October that the first comprehensive regulations on tourist apartments and holiday homes were introduced.
The real breakthrough came in the second decade of the 21st century, when individual regions began to introduce their own regulations: the Valencian Community (2009), Galicia (2011), Catalonia (2012), the Balearic Islands (2012), Aragon (2015) and the Canary Islands (2015).
We are currently seeing a trend towards tighter regulations in response to the rapid growth in the number of tourist apartments and their impact on the local property market and residents’ quality of life. The latest example is Organic Law 1/2025, which comes into force on 3 April 2025 and gives housing communities greater powers to control tourist rentals in their buildings.
New regulations for 2025
On 3 April 2025, Organic Law 1/2025 will come into force, significantly changing the rules of the game in the tourist rental market. The main changes are:
- Strengthening the powers of housing communities to authorise or prohibit the use of flats as tourist accommodation
- Requirement to obtain the express consent of the housing community or a positive vote of a 3/5 majority of those present and valid votes
- Possibility of prohibiting tourist rentals in the entire building based on a decision by the community
Czy wiesz, że…? These changes could significantly affect the tourist rental market, especially in residential buildings, where residents have long complained about nuisances associated with tourists.
Consequences of renting without a licence
Operating a tourist rental business without the appropriate licence carries serious legal and financial consequences:
- Financial penalties ranging from €3,000 to €150,000 depending on the region
- Closure of the property for months or even years
- Prohibition on obtaining tourist licences in the future
- Tax penalties for failure to declare income (from 20% to 150% of the undeclared amount)
- Inspections and seizure of property in the event of repeated violations
- In serious cases: charges of fraud or unauthorised practice of a profession
In addition, booking platforms such as Booking.com, TripAdvisor and Airbnb require you to provide your licence number when adding a listing, and more and more tourists are asking for it to avoid legal problems.
Legal property rental in Spain
Types of rental and when a licence is required
The Spanish legal system distinguishes between several types of tourist establishments that require a licence:
- Tourist accommodation (Viviendas de uso turístico) – entire flats rented to tourists for a fee, regularly promoted through tourist channels.
- Tourist apartments – complexes consisting of residential units intended exclusively for tourist rental.
- Hotel facilities – regardless of size and category.
Technical requirements for the property
In order for a property to obtain a tourist licence, it must meet a number of technical requirements and safety standards. Although these vary from region to region, there are several common requirements:
- Certificate of occupancy (cédula de habitabilidad) – a document confirming that the property meets minimum housing standards
- Minimum room size – e.g. in Madrid, 13 m² and 2.60 m height are required for bedrooms and 4.5 m² for bathrooms
- Furnishings – furniture and equipment allowing for immediate use
- Installations – hot water, electricity, air conditioning (in some regions)
- Access – in some regions, independent access and a lift for tourists, separate from other residents of the building, are required
- Safety – evacuation plan, fire extinguishers, smoke detectors (depending on the region)
The property must have at least one bathroom, a kitchen, a bedroom and a living room with a dining area. It must be fully equipped, provide access to Wi-Fi and an emergency telephone number. Access cannot be denied on the basis of gender, race or religion.
Czy wiesz, że…? In Madrid, an additional requirement is to have a reception area between the exterior and interior of the property, which may be a significant barrier for some types of buildings.
The property purchase process and tourist licence
What to look for when choosing a property
When planning to purchase a property with the intention of obtaining a tourist licence, consider these key aspects:
- Location – whether the location is subject to restrictions or prohibitions on tourist licences. Check local zoning plans and regulations regarding tourist rentals.
- Building type – whether the building meets specific regional requirements (e.g. independent access, lift for tourists).
- Housing community regulations – from April 2025, communities will have greater powers to prohibit tourist rentals.
- Technical condition – whether the property meets technical requirements or what financial outlay will be needed to meet them.
- Existing licence – it is becoming increasingly common practice to purchase properties that already have a tourist licence.
Checking eligibility for a licence before purchasing
Question: Can I check the possibility of obtaining a licence before purchasing a property?
Answer: Yes, you can and definitely should check the possibility of obtaining a licence before purchasing a property. Lists of tourist flats are public, which means that you can check whether a given property already has a licence and learn about some of its features.
In the face of growing restrictions, purchasing a property with an existing tourist licence may be a more sensible option than attempting to obtain a new one. In many popular tourist locations, the issuance of new licences is limited or completely suspended.
Before purchasing, it is worth consulting a local solicitor specialising in tourist properties, who will help you verify the possibility of obtaining a licence for a specific property in a given location.
The process of obtaining a tourist licence
Step-by-step guide to applying for a licence
The process of obtaining a tourist licence in Spain involves the following steps:
- Check the regulations – make sure that your autonomous community allows holiday rentals (VUT).
- Submit a responsible declaration (declaración responsable) – a document in which you declare your intention to rent out the property for tourist purposes. The declaration should include your details and the property details.
- Register with the Tourist Registry – register the property with the appropriate registry for your region (e.g. Registro de Turismo de Andalucía, Registro de Turismo de Cataluña).
- Obtaining certificates – depending on the region, you may be required to obtain a certificate of habitability, an energy certificate, etc.
- Notification to the tax office – notify the tax office that you are starting a business and submit a responsible declaration of commencement of activity (DRIAT).
The licence application must also include the contact details of the person managing the rental.
Required documentation
The following documents are usually required to apply for a tourist licence:
- Owner’s identity document (DNI, NIE, passport)
- Document confirming ownership of the property (title deed or rental agreement)
- Property plan and evacuation plan
- Certificate of occupancy (cédula de habitabilidad)
- Energy efficiency certificate
- Civil liability insurance
- In some regions: photographic documentation of the property
Waiting time and costs
The waiting time for a tourist licence to be issued may vary depending on the region. Generally, the process takes between two weeks and three months. In some cases, you can start operating immediately after submitting a responsible declaration, while in others you must wait for official approval.
The administrative costs associated with obtaining a licence also vary by region:
- In Madrid: from €300 to €800
- In Barcelona: from €300 to €1,000
- In Valencia: from €200 to €600
- In Malaga: from €300 to €1,300
- In Seville: from €250 to €900
Czy wiesz, że…? Additionally, the costs of technical documentation, certificates and any adjustments to the property to meet technical requirements should be taken into account, which can range from several hundred to several thousand euros, depending on the condition of the property and local requirements.
Tourist rentals in different regions of Spain in 2025
In response to the dynamic growth of the tourist rental market in Spain, individual regions and cities are introducing their own regulations, which may vary significantly from one another. Below we present the current situation in the country’s most important tourist regions.
Where in Spain can you obtain a tourist licence, and where is renting prohibited or restricted?
Regions and cities eligible for a tourism licence
In most regions of Spain, it is still possible to obtain a tourist licence, although the conditions and procedures vary locally. The following are particularly attractive and accessible to investors:
- Malaga and Costa del Sol – it is still possible to obtain a tourist licence, although limits and restrictions have been introduced in some districts. Short-term rentals are popular and profitable here, but you must meet local requirements and obtain a permit.
- Alicante and Costa Blanca – a region known for high tourist demand and affordable property prices. In many towns (e.g. Benidorm, Torrevieja), licences are being issued, although temporary restrictions on new holiday homes have been introduced in Alicante itself.
- Other regions, such as Valencia, Andalusia and the Balearic Islands, also allow licences to be obtained, but are increasingly introducing limits or temporary bans in the most popular locations.
Regions and cities with bans or severe restrictions
In recent years, many large cities and regions have introduced temporary or total bans on issuing new tourist licences, especially in the most popular tourist districts:
- Malaga – a three-year ban on issuing new licences for tourist apartments has been introduced in 43 districts of the city. The ban applies to the most crowded areas and may be extended.
- Alicante – a two-year ban on issuing new licences for holiday homes has been in force since January 2025. This also applies to properties that do not comply with current regulations.
- Madrid – from summer 2024, there will be a ban on issuing new licences for holiday rentals. In the historic city centre, a total ban on tourist apartments in residential buildings has been introduced, which is set to last until at least 2025.
- Canary Islands – the authorities are working on restrictive legislation limiting holiday rentals. In practice, the issuance of new licences is being suspended en masse and existing ones are being withdrawn, and from April 2025, the express consent of the housing community will be required to operate tourist rentals.
Additional restrictions
In many cities and regions, purchasing a property with an existing licence is currently the only viable option, as obtaining a new licence is impossible or very difficult.
The specific characteristics of selected tourist regions
Catalonia
Barcelona was one of the first cities in Spain to introduce significant restrictions on tourist rentals through the Plan Especial Urbanístico de Alojamiento Turístico (PEUAT). The city has been divided into zones, with some areas completely banned from issuing new licences, while in others licences are only issued if another owner resigns. Outside Barcelona, other popular tourist destinations in Catalonia, such as Sitges and Lloret de Mar, have their own regulations, which are often more liberal.
Andalusia
Andalusia has a varied approach to tourist rentals. While significant restrictions have been introduced in Malaga and some parts of the Costa del Sol, it is still relatively easy to obtain licences in many smaller towns. Seville and Granada have also tightened regulations, particularly in historic city centres where high levels of tourism are causing problems for local residents.
Balearic Islands
Majorca, Minorca, Ibiza and Formentera have some of the most restrictive tourist rental regulations in Spain. Majorca has introduced a zoning system similar to that in Barcelona, with numerous areas where new licences are prohibited. In Ibiza, tourist licences are only issued for certain types of properties, and their number is strictly limited.
Czy wiesz, że…? This strategy reflects the concerns of the island authorities about overtourism and its impact on local communities and the natural environment.
The future of tourist rental regulations
An analysis of current trends indicates a further tightening of regulations on tourist rentals in the most popular destinations. At the same time, some lesser-known regions may liberalise their approach in order to attract investors and tourists. New regulations, such as Organic Law 1/2025 strengthening the powers of housing communities, will have a significant impact on investment opportunities throughout Spain, regardless of local regulations. It is crucial for investors not only to understand the current regulations, but also to keep track of planned legal changes and consider purchasing properties with an existing tourist licence, which may be the only viable option in many attractive locations.
Property management with a tourist licence
Obligations of the owner
Obtaining a tourist licence is just the beginning. The owner of a tourist property has a number of responsibilities:
- Registration of travellers – the need to register guest details and pass them on to the relevant authorities (often the police)
- Declaring income – the obligation to report income from tourist rentals to the tax office
- Compliance with tax regulations – paying the relevant taxes on tourist activities
- Provision of support services – the need to provide 24-hour service and maintenance of the property
- Providing a contact number to guests and neighbours for troubleshooting
- Insurance – having appropriate civil liability insurance
Time and cost management
Managing a holiday property is much more time-consuming than managing a long-term rental. According to available data, on average, 33 hours per month are spent managing each holiday property, and this figure can rise to 80 hours during peak season.
Structure of time spent on management:
- Guest management – 45.5%
- Reservation management – 21%
- Procurement – 18%
- Other activities – 15.5%
For this reason, many owners decide to work with professional management companies that take over the day-to-day responsibilities of tourist rentals. The cost of such a service is usually between 15% and 30% of revenue.
Profitability of investments in properties with a tourist licence
Realistic revenue estimates
According to available data from 2024, the average price per night in a tourist flat in Spain is €146, with an average occupancy rate of 43%. This translates into average annual revenues of €22,830 per property.
Of course, profitability depends on many factors, such as location, property standard and seasonality. Cities such as Barcelona and Menorca stand out with the highest prices, with an average of €363 per night in Menorca.
Comparison with long-term rental
Tourist rentals often offer higher profitability than long-term rentals, but involve higher costs and more work. According to data from Madrid, the profitability of tourist rentals was €12,582 per year, compared to €11,736 per year for traditional rentals.
Example calculation of net profitability for a flat worth €250,000 in Madrid:
- Average price per night: €120
- Average occupancy: 70% of the year (255 nights)
- Annual revenue: €120 × 255 = €30,600
- Annual costs (platform commission, maintenance, cleaning, taxes): €10,590
- Net profitability: (30,600 – 10,590) / 250,000 × 100 = 8.02%
Renewal and transfer of licences
Licence validity period
The validity period of tourist licences may vary depending on the regulations of each autonomous community, but in municipalities where renewal is required, licences are usually granted for a period of 5 years.
Transferring the licence to a new owner
Question: Is it possible to transfer a tourist licence when selling a property?
Answer: Yes, it is possible to transfer ownership of a tourist licence when selling a property, and the process is even simpler than obtaining a licence from scratch. What is more, the new regulations on obtaining tourist licences do not usually affect a change of ownership, as they do not apply retroactively.
The process of changing ownership takes an average of two months, and the documents required for the change of ownership are usually:
- Identity card of the new owner
- Identity card of the previous owner
- Tourist licence
- Cadastral reference
- Simple note
- Application form
Czy wiesz, że…? However, it is worth remembering that purchasing a property that already has a tourist licence may seem like an easier path, but it does not guarantee that the licence will automatically be transferred to the new owner. Changes in regulations or the community’s statutes may make it difficult or impossible for the new buyer to obtain a licence.
Alternatives to a tourist licence
Faced with increasing restrictions on tourist rentals, many owners are considering alternative forms of property rental:
- Long-term rental – Long-term rentals (over 1 year) are subject to the Local Authority Accommodation Act (LAU) and do not require a tourist licence. They offer stable income, less administrative responsibilities and lower legal risk, but usually lower profitability.
- Medium-term rental – Medium-term rentals (1-11 months), also known as “seasonal rentals”, are intended for people who need accommodation for a limited period of time for reasons other than tourism (e.g. work, study). In some regions, such rentals are also subject to regulation.
Cooperation with tour operators
Another alternative is to collaborate with hotels or tour operators who can rent out the property as part of their business, provided they have the appropriate licences. This solution allows you to circumvent certain restrictions, but usually results in lower revenues.
Common issues and questions
Common obstacles to obtaining a licence
The process of obtaining a tourist licence may encounter a number of obstacles:
- Local restrictions – many cities have introduced temporary or permanent restrictions on new licences
- Technical requirements – the property may not meet local technical requirements (e.g. lack of independent access)
- Opposition from the housing community – after Organic Law 1/2025 comes into force, communities will have greater powers to block tourist rentals
- Bureaucratic complications – complexity of administrative procedures and differences in regulations between regions
- Outdated technical documentation – lack of a certificate of habitability or energy performance certificate
What to do if a licence is refused
If your application for a tourist licence is rejected, you have several options:
- Administrative appeal – you can appeal against a refusal within the time limit specified in the notification (usually 1 month)
- Property adaptation – if the reason for the refusal is technical requirements, you can adapt the property and submit a new application
- Consider alternatives – long-term rental, medium-term rental or other forms of property use
- Legal consultation – it is worth consulting a solicitor specialising in property law and tourism
Controls and inspections
Owners of tourist properties must be prepared for periodic inspections by the authorities. Inspections may be carried out both on a scheduled basis and in response to complaints from neighbours or guests. The subject of the inspection may be:
- Compliance of the property with the technical requirements specified in the licence
- Proper registration of guests and reporting to the authorities
- Fulfilment of tax obligations
- Compliance with the rules of the housing community
Czy wiesz, że…? To avoid problems during inspections, it is advisable to regularly check that the property complies with the requirements and to keep the necessary documentation up to date.
Resolving problems with neighbours
One of the most common challenges associated with tourist rentals is conflicts with neighbours. To prevent them:
- Inform your neighbours that you are running a legal tourist rental business.
- Establish clear rules for guests regarding quiet hours, parties, and use of common areas.
- Provide a contact number where neighbours can report issues.
- Respond quickly to any complaints or issues.
- Consider installing a noise monitoring system that will alert you when the acceptable level is exceeded.
Good relations with neighbours are crucial, especially in the context of new regulations giving housing communities greater powers.
The future of the tourist rental market in Spain
Trends and forecasts
The holiday rental market in Spain continues to show an upward trend, with a projected compound annual growth rate (CAGR) of 1.91% between 2024 and 2029. The market size is expected to reach $3.76 billion in 2029.
The number of users of the holiday rental market will also increase significantly, with forecasts indicating 21.49 million users by 2029.
However, at the same time, we are seeing a trend towards tighter regulation, which aims to balance the development of the tourism sector with the needs of residents. Cities such as Barcelona, Madrid and Valencia have already introduced significant restrictions, and other tourist destinations may follow suit.
The impact of anti-tourism movements
In recent years, many Spanish cities have seen growing discontent among residents with mass tourism, which has translated into political and legislative action. Protests against overtourism in Barcelona, Malaga and the Balearic Islands have led to tighter regulations on tourist rentals.
This trend is likely to continue, leading to further restrictions, particularly in city centres and the most popular tourist destinations.
Technological innovations
At the same time, we are observing the development of technologies that support tourist rental management. Solutions such as:
- Smart locks enabling remote check-in
- Noise monitoring systems to prevent disturbance to neighbours
- Booking management software and communication automation
- Pricing management platforms to optimise revenue depending on the season
These innovations can significantly simplify the management of tourist properties, reducing the time required and increasing profitability.
Key information for investors
Key aspects of the investment
In summary, investing in tourist-licensed properties in Spain can be a profitable venture, but it requires a thorough understanding of local regulations and market trends:
- Be aware of regional differences – regulations regarding tourist licences vary significantly between autonomous regions and cities.
- Take local restrictions into account – many popular tourist cities have introduced restrictions on new licences.
- Consider purchasing a property with an existing licence – in the face of increasing restrictions, this may be a safer option.
- Keep track of new regulations – from April 2025, housing communities will have a greater say in whether tourist rentals can operate
- Analyse profitability – tourist rentals may be more profitable than traditional rentals, but they involve higher costs and more work
- Plan your management – managing a tourist property requires a significant amount of time or cooperation with a professional company
- Build good relationships with your neighbours – this is a key element of long-term success, especially in the context of new regulations
Checklist for potential buyers
Before purchasing a property with the intention of obtaining a tourist licence, check:
✅ Is it possible to obtain a new tourist licence in a given location?
✅ Does the property meet local technical requirements, or what investments are needed to meet them?
✅ What is the housing community’s attitude towards tourist rentals?
✅ Does the estimated profitability take into account all costs (management, commissions, taxes, maintenance)?
✅ What are the trends in local regulations concerning tourist rentals?
✅ Are there alternative options (e.g. long-term rental) in case of licence issues?
Useful contacts and sources
Institutions and registers
For detailed information on tourist licences in specific regions, it is advisable to consult the following institutions:
- Registro de Turismo de Andalucía
- Registro de Turismo de Cataluña
- Registro de Turismo de la Comunidad Valenciana
- Registro de Empresas Turísticas de Madrid
News services
Current information about the tourist rental market can be found on the following websites:
- DataESTUR – statistical data on the tourist rental market
- FEVITUR – Federation of Spanish Associations of Tourist Apartments and Houses
- INE – National Institute of Statistics, publishing data on the tourist market
Professional support
It is worth considering working with professionals who specialise in tourist licences:
- Lawyers specialising in real estate and tourism
- Tax advisors familiar with the specifics of tourist rental taxation
- Tourist property management companies that can take over daily responsibilities
- Architects specialising in adapting properties to licensing requirements
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