Logic for the benefit of tourism on the Costas of Spain doesn’t come into it. They need your money now! In Barcelona, the hotel industry seems to have a tight grip on the matter and are effectively closing down many of the private individual rentals. However, the latest information for Andalucía is more promising and our information, through De Cotta Law, states that it’s really a matter of semantics on what one calls the property.
“To have the classification of tourist apartments there must be 3 or more apartments (or properties) integrated in the one establishment. One or two apartments cannot be marketed or promoted for tourists using the term ‘tourist’ property.
With regard to the rental of properties that are not classified as tourist apartments or tourist property the law of urban rentals will apply. This law sets out the rules on rental of private property that is for non-residential or short term use. In this case, the property can be rented out always provided the term ‘tourist’ apartment or property is not used and the rental contract complies with the Law on Urban rentals.
You can therefore rent out your property if it comprises one or two apartments or properties provided you do not use the phrase ‘tourist property’ or anything similar to this to advertise, market or promote your property. You can rent on a short term or weekly basis, but remember in every case you have a fiscal obligation to pay tax on the rental in Spain. And there are tax inspectors scouring the websites and newspapers, disguising their enquiries as if they were prospective tenants and then demanding records of all the lets. They even check the electricity and water records where owners indicate that the property has been empty. If caught, there are substantial fines plus back taxes to be paid. And as a final point, if the lease is for more than 4 months, you will need to display an energy certificate at the time of offering the property for rent.