In Spain, seasonal and tourist rentals are contractual leasing modalities subject to distinct regulations. They are excluded from the category of leases for purposes other than housing, as defined in the Urban Leases Act (Ley de Arrendamientos Urbanos, LAU).
Seasonal Rentals in Spain
Seasonal rentals are agreements not intended to meet the tenant’s permanent housing needs. They are established for a fixed period, such as summer or another specific season, and serve purposes other than habitual residence, such as recreational, professional, or educational needs.
Tourist Rentals in Spain
Tourist rentals, like seasonal rentals, do not address permanent housing needs. Their primary aim is to accommodate visitors temporarily for leisure or work purposes. These properties are typically furnished, ready for immediate use and offered through tourism platforms or other commercial channels. Generally, they are short-term arrangements.
Overlaps Between Seasonal Rentals and Tourist Rentals
There is a potential overlap between these two types of leases:
- Both are temporary arrangements and do not meet the tenant’s permanent housing needs.
- Seasonal rentals may provide furnished and fully equipped properties for immediate use.
- The duration and purpose of both rental types are not necessarily distinct.
However, despite these similarities, the regulations governing each type of rental differ significantly.
Regulation of Seasonal Rentals in Spain
The Urban Leases Act (LAU) primarily regulates seasonal rentals, supplemented by regional legislation specific to the property’s location and, subsidiarily, the Civil Code.
Regulation of Tourist Rentals
Regional tourism regulations mainly govern tourist rentals, as each autonomous community holds jurisdiction over tourism matters.
Additionally, they are subject to the Civil Code on a subsidiary basis. Notably, the LAU explicitly excludes tourist rentals from its scope under Article 5(e):
The following are excluded from the scope of this law: (…)
e) The temporary transfer of the use of an entire furnished and equipped dwelling, ready for immediate use, marketed or promoted through tourism channels or any other means of marketing or promotion, and carried out for profit, when subject to a specific regime derived from its sectoral tourism regulations.
Consequences for the Landlord
The practical implications of choosing one rental modality over another can vary. Generally, the rights of the parties involved may be adjusted to resemble each other. Furthermore, consumer protection laws may effectively enhance the tenants’ rights under seasonal rentals governed by the Urban Leases Act (LAU). For instance, Article 21 of the LAU obligates landlords to undertake necessary repairs to maintain the property’s habitability.
However, this equivalence does not apply to the specific requirements landlords must meet for each rental type. For tourist rentals, regional regulations often mandate registering the property in the tourist accommodation registry of the respective autonomous community. Additionally, landlords may need specific licenses and must comply with detailed quality and safety standards.
Two common challenges landlords face with tourist rentals are:
- Opposition from homeowners’ associations due to the impact on shared spaces, security, and community living.
- Restrictions in high-demand housing markets where social movements and political responses to the strain on rental availability have resulted in stringent limitations on licensing.
Given these challenges, some property owners may improperly classify tourist rentals as seasonal rentals to bypass the stricter requirements. This misclassification constitutes fraud and may result in severe penalties, including fines.
For this reason, potential landlords should carefully analyse market conditions and ensure compliance with the legal requirements for their chosen rental modality. Aligning their offerings and contracts with the applicable regulations is essential to avoid sanctions and operate legally.
If you need legal assistance with seasonal or tourist rentals in Spain,
