Confianz was recently published in the renowned magazine Trends. In the article, Glenn Janssens provides a clear explanation of the complex regulations surrounding letting a second residence in Spain. Anyone investing in Spanish property with a view to letting it out would do well to do their homework.
Regional Rules and Miscellaneous Regimes
One of the key messages in the article is the significant impact of Spain's 17 autonomous communities, each of which has its own legislation. This means that popular coastal regions such as Costa Blanca, Costa Cálida and Costa del Sol all have different rental rules. Some municipalities add additional conditions, such as a rental quota or a temporary stop on new licences.
The article highlights the various rental regimes an owner can choose from:
- Tourist rental: This is the most regulated regime, intended for those who rent out fully equipped holiday homes on a regular basis and for profit. Obligations are numerous: a rental licence, national registration, civil liability insurance and compliance with comfort and safety standards. In addition, co-ownership often requires the consent of the co-owners' association
. - Short-term rental (seasonal rental): This involves renting out a furnished house in the context of temporary professional activities, studies or medical treatment. This is also often subject to registration obligations, such as notifying tenants to the police.
- Long-term rental: This regime is for those who rent their property to someone who establishes their domicile there12. This does not require a licence, but the tenant enjoys very high protection and can unilaterally extend the contract for up to five years.
- Luxury rental: A licence is also not required if the monthly rent exceeds 5.5 times the Spanish minimum wage or if the property is larger than 300 square metres
Essential Obligations
Regardless of the regime chosen, the article highlights a crucial obligation: all rental income must be systematically declared to the Spanish authorities.
The complexity of Spanish law, with its regional differences and diverse regimes, makes expert advice indispensable. The contribution in Trends confirms Confianz' expertise as your partner to guide you through this legal landscape.
Also listen to our podcast episode On short-term rentals at Spotify, Apple Podcasts or Youtube.
