Single Registry of Tenants: what are the obligations of landlords and how to register?

With the entry into force of the Royal Decree 1312/2024, the Registry Unique Registry of Rentalsa tool that promises to regulate the short term rental market in Spain, among them the tourist vacation rental prohibited in multi-family buildings in Ibiza. This registry aims to ensure transparency and legality in the sector, adapting Spanish regulations to Regulation (EU) 2024/1028.

• New single registry for short-term rentals: how it works and what Airbnb says

The following are the obligations of tenants and the step-by-step instructions for registering in the Unified Registry.

What are the requirements for tenants?

According to Article 5 of the Royal Decree, lessors (individuals or legal entities) are obliged to:

1. Obtaining the Registration Number: Before offering a property for short-term rental, a unique registration number must be applied for at the Land Registry or the Registry of Movable Property.
2. Provide the required information: It is necessary to provide complete information about the property, such as its address, cadastral reference, maximum capacity, and type of use (tourist or not).
3. Respond to requests from the authorities: Lessees must respond to requests for information from the competent authorities regarding their units.
4. Update the information: Any change in the characteristics of the property, such as its use or capacity, must be communicated to the registry.
5. Communicate the Registration Number to the rental platforms: To advertise the property on platforms such as Airbnb, it will be mandatory to include the registration number in the ad.

How to register in the Single Registry of Tenants?

The Single Registry of Leases will be the only valid procedure in Spain for the registration of properties intended for short-term rental, in accordance with Regulation (EU) 2024/1028. This registry will be processed through the Land Registry or the Registry of Movable Property, following the provisions of this regulation and, in a supplementary manner, by the mortgage legislation.

Initiation of the procedure

Registration must be initiated by the interested lessor. The application may be submitted:

• Electronically: Through the electronic headquarters of the Association of Property and Mercantile Registrars of Spain, using:
  • Electronic certificates.
  • Cl@ve system.
  • Non-cryptographic signatures (OTP codes or other pre-arranged key systems).

• In person: At the offices of the Land Registry or the corresponding Registry of Movable Property, presenting the application on paper.

2. Documentation required for the application

The application must include specific information on:

• a) The leased unit:
  1. Address, Unique Registry Code (CRU) and cadastral reference.
  2. Type of unit (whole farm, room, boat, etc.).
  3. Whether it is a primary residence, secondary residence or for other purposes.
  4. Maximum capacity (number of people that can be accommodated).
  5. Documentation of the enabling title (authorizations, licenses, visas, etc.) or responsible declarations if regional or local regulations apply.
  6. Lease category (may be simultaneous):
     • Short-term non-tourist: Rental for non-tourist purposes.
     • Short-term tourism: Includes rentals for tourism purposes.
     • Vessels: For floating accommodation not excluded by European regulation.
  7. Declaration of compliance with Article 4.2.b (valid enabling title).

• b) Individuals as lessors:
  1. First and last name.
  2. Tax Identification Number (NIF).
  3. Address.
  4. Contact telephone number.
  5. E-mail address.

• c) Legal entities as lessors:
  1. Corporate name.
  2. Tax Identification Number (NIF).
  3. Data of the legal representative.
  4. Registered office.
  5. Representative’s contact telephone number.
  6. E-mail address.

3. Assignment of Registration Number

Once the application and the required documents have been submitted:

• The Registry will automatically assign a unique registration number, identifying the category and type of lease.
• This number will be mandatory to advertise the property on rental platforms.

4. Updating of information

Landlords must update the registry whenever there is a change in the characteristics or use of the property.

5. Registration number limitations

• Each unit may have a unique registration number for each category and type of rental.
• It is possible for the same unit to have a tourist and a non-tourist registration if it applies to both uses.