Supreme Court Overturns the Single Register for Short-Term Rentals

The Supreme Court has declared the procedure for the Single Register for short-term rentals to be null and void; this was a central government measure that required landlords to obtain a registration number in order to advertise holiday accommodation on platforms such as Airbnb or Booking.

This decision represents a significant change in the regulation of short-term rentals in Spain, as the Court considers that the State has overstepped into areas of competence that belong to the Regional Governments (Autonomous Communities) in matters of tourism.

What Was The Single Register?

The Single Register, created by Royal Decree 1312/2024, was a state system that aimed to:

Assign a unique identifier to tourist or temporary rental properties
Monitor the listings published on digital platforms
Centralise information across public administrations

Its purpose was to improve oversight of the sector and reduce fraud in short-term rentals.

What Has The Supreme Court Said?

The Supreme Court has ruled that:

The State has no jurisdiction to create a national tourist register of this kind
The regulation of tourist rentals falls within the remit of the Autonomous Communities
The state system is null and void due to an encroachment on jurisdictional powers

Nevertheless, the ruling does not eliminate the entire system provided for in the decree. Tools such as the Single Digital Window (Ventanilla Única Digital) and the mechanisms for exchanging information between platforms and administrations remain in force.

What Changes With This Decision?

The annulment of the Single Register entails several significant changes:

The state registration number requirement for listing properties is removed
Administrative duplication is reduced for many property owners
The Autonomous Communities regain regulatory control
Oversight of the sector once again relies mainly on regional tourism registries

However, this does not mean deregulation of the sector or the removal of controls on short-term rentals.

What Remains Mandatory?

Despite the annulment of the state register, other key obligations for owners of tourist accommodation remain in force:

Registration in regional tourism registries or licensing systems
Compliance with applicable local municipal regulations
Relevant tax obligations
Guest registration requirements where applicable
Data reporting obligations through established systems

This ruling does not eliminate regulation of tourist rentals in Spain, but it significantly changes who regulates it and how it is structured, returning regulatory control primarily to the Autonomous Communities.

Need Assistance?

At Fuster & Associates, we advise property owners, investors, and platforms on the legal impact of regulatory and legislative changes of this nature.

We want to help you navigate all the legal complexities that come with your home buying in Spain, but this article is legal information and should not be seen as legal advice.