The new regulations for short-term rentals not only brings obligations for landlords, but also sets additional rules for rental platforms. In this article, we will discuss the main obligations for a rental platform in Spain.
What is a rental platform in Spain?
According to European regulations, an online platform is defined as a hosting service that mainly stores and distributes information to the public. When such a platform is used by guests/renters to enter into short-term rental contracts or services remotely, it is a rental platform. This is referred to as a "Plataforma en línea de alquiler de corta duración". The new rules will then apply.
The concept "mainly" is crucial here. If you operate a website that exclusively connects owners and short-term tenants, you fall under the definition of a rental platform. However, if, for example, as a real estate agent, you advertise on your website, as a secondary activity, properties that are available for rent for short periods, this is not considered a rental platform within the meaning of these regulations.
What measures should a rental platform take in Spain?
Rental platforms must comply with the following obligations:
a) Offering registration functions: Platforms must have features that allow landlords to identify their accommodation with a government-issued registration number.
b) Ensuring display of registration numbers: The registration number of each accommodation must be provided by the landlord and visible before the rental is offered.
c) Performing checks: Platforms should conduct regular spot checks on landlords' statements, using the Ventanilla Única Digital de Arrendamientos (the Digital One-Stop-Shop). These checks should be possible permanently and automatically. Platforms should ensure that only accommodation with a valid registration number is offered. In case of doubt or an accommodation without a registration number, the platform should suspend or remove access to the listings.
d) Sharing results: Sampling results should be shared quickly with the Digital One-Stop Shop and affected landlords.
e) Informing landlords: Landlords should be informed about the mandatory registration process as stipulated in the law.
Learn more about landlords' obligations here.
f) Data transfer: Activity data, registration numbers, accommodation addresses and advertisement URLs must be transferred monthly (or quarterly for small and micro rental platforms) to the Digital One-Stop-Shop. Rental platforms are required to share data electronically with this Digital One-Stop-Shop, which serves as a national hub for data transfer between platforms and authorities. The Digital One-Stop-Shop helps with regulatory compliance and checks that ads meet the requirements of a valid registration number.
g) Responding quickly to administrative decisions: Within 48 hours, platforms must comply with decisions to remove or make inaccessible advertisements of accommodation with a suspended or withdrawn registration number.
A micro platform has fewer than 10 employees and a turnover smaller than 2 million euros. A small platform has fewer than 50 employees and a turnover smaller than 50 million euros.
By when should a rental platform be adapted?
Rental platforms have until 1 July 2025 time to adapt their systems and processes to these new regulations.
Decision
If your activities do not mainly consist of operating a short-term rental platform, the above obligations do not apply to you. But if you do operate such a platform, you have until 1 July 2025 to comply with the rules. Make sure you make timely adjustments to comply with these important regulations.
