Spain's Supreme Court Strikes Down National Registry for Tourist Rentals
The court said the central government lacked authority, leaving regional rental rules in place while online platforms still must share listing data.
- On Thursday, Spain's Supreme Court struck down a national registry for short-term tourist rentals introduced last July, ruling the state lacked authority to impose the requirement on platforms such as Airbnb.
- Several regional governments challenged the measure, arguing the central government overstepped its powers, as autonomous regional communities retain authority over local rental approvals and operations.
- Spain contains around 3.5 million second homes, representing roughly 14.6 per cent of the total housing stock, and holiday homeowners will now face simpler compliance processes without extra national bureaucracy.
- The Supreme Court's ruling does, however, uphold online platforms' "obligation to provide data about their offerings to the authorities," which European Union regulations still permit without a national registry.
- British individuals, who face post-Brexit Schengen rules, own many of these properties as Spain continues to attract large numbers of visitors who prefer apartment stays over hotels.
31 Articles
31 Articles
Canarian employers Ascav applauds the sentence, which will allow thousands of homeowners to demand compensation for lost profits
Spain's Supreme Court strikes down national registry for tourist rentals
Spain's Supreme Court has struck down a national registry for short-term tourist rentals seeking to advertise on platforms such as Airbnb that was introduced by the coalition government last July, a ruling seen by Reuters showed on Thursday.
The Supreme Court has annulled the sole state register of tourist and seasonal rentals promoted by the Ministry of Consumer Affairs when it concluded that the Executive exceeded its powers by imposing an "exhaustive" regulation on a subject that largely corresponds to the autonomous communities. The judgment considers the appeal presented by the Valencian Government and maintains that the state system overlapped with autonomous registers already…
The Court admits an appeal from the Generalitat which believes it overlaps with the autonomous data, but respects the digital window and the obligation to transmit data
The Supreme Annuls the Registration of Tourist and Seasonal Rent because the State Has No Competence
The Supreme Court has annulled the single registration procedure for short-term leases intended to be advertised through digital platforms, considering that the State lacks the powers to regulate it. Specifically, it argues that it establishes a regulation of a national registry that overlaps with autonomic registers for the registration of tourist leases.Continue reading...
The High Court considers that it overlaps with existing autonomous registers where buildings intended for tourist leases are registered.
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