Legal tip 1511. What the Law Can’t Forbid: Your Rental Rights Under Spain’s New 2025 Rules
Sunday, July 20, 2025 @ 4:26 PM
Hi EyeonSpain members,
I’ve been part of this community since 2006, and I know that many of us own homes in Spain that we occasionally rent out — especially during the summer. That’s why I wanted to share a quick heads-up about something that’s causing a lot of confusion: the new National Registry for Short-Term Rentals (NIU), introduced by Royal Decree 1312/2024.
Starting July 1, 2025, any property in Spain used as a tourist rental (i.e. stays of less than 30 days promoted on platforms like Airbnb or Booking.com) must be registered in this new national database.
But here’s the part many owners aren’t being told — and it’s leading to incorrect rejections and unnecessary worry.
1. The new law is not retroactive.
If you were already renting your property with a valid regional tourist licence before July 1, 2025, you do not need fresh approval from your community of owners in order to register.
Some local authorities have wrongly rejected NIU applications for this reason — but these decisions can (and should) be appealed.
2. Seasonal rentals are not tourist rentals.
This is a big one. There’s a crucial legal distinction between tourist rentals and seasonal rentals (arrendamientos de temporada) — and not everyone (including some administrators) is getting it right.
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Tourist rentals = short stays, advertised to the public, with services like cleaning or reception. These must be registered in the NIU.
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Seasonal rentals = fixed-term private contracts for holidays, studies, or temporary work. These fall under Spain’s Urban Lease Law (LAU) and do not require NIU registration.
You can rent your home legally under a seasonal contract without falling under tourism law — and many of us have done so for years with no issue.
3. What your community of owners can’t do
A community of owners (comunidad de propietarios) can vote to restrict tourist rentals, but they cannot prohibit seasonal rentals signed under the LAU. These contracts are protected by national housing law, even if they are short-term.
The bottom line? These new rules are real, but so are the limits on what they can enforce. If you’ve been renting legally so far, chances are you don’t need to change anything — but if you’re being told otherwise, it’s worth getting a second opinion.
Feel free to share any questions or thoughts below — always happy to help.
Warm regards,
María ;)
