Are you considering renting out your holiday home in Spain?

If you own a holiday home in Spain, renting out your property can be a great way to generate extra income. However, the legal requirements for obtaining a rental permit are becoming increasingly extensive. Here is an overview of the most important aspects you need to be aware of.

The Spanish authorities have increased their focus on regulating holiday rentals, and the rules are constantly being tightened. It is important to note that the legislation varies from region to region, so it is recommended to consult a lawyer before you start renting. A lawyer can assess whether your property meets the applicable requirements and whether the homeowners' association may have restrictions that prevent renting.

Even if your property meets all the requirements, this is not a guarantee that the municipality will issue a rental permit. Several municipalities in Spain generally reject applications – either for the entire municipality or in selected areas. Some municipalities issue permits with a validity period of 5-10 years, after which a new application is required.

If you are simply lending your home to family and friends for free or want to rent it out long-term, a rental permit is not necessary.

The most important requirements for obtaining a rental permit

In order to rent out your holiday home legally, a number of conditions must be met. Here are some of the most important:

• During the summer period (May-September), the home must have air conditioning in the living rooms and bedrooms.
• During the winter period (October-April), there must be a heat source that can ensure a temperature of at least 19 degrees.
• All rooms must have windows, and all windows and patio doors must be equipped with curtains or shutters.
• The home must be fully furnished and equipped with kitchen equipment for the number of guests who can stay there.
• There must be bed linen and towels - including an extra set per guest.
• Cleaning service after each rental must be available.
• A first aid kit (e.g. plasters and dressings) must be available in the home.
• Guests must have access to tourist information with information on restaurants, shops, transport, parking and medical facilities. This can be provided either digitally or as a physical guestbook.
• A valid occupancy permit (Licencia de Primera Ocupación – LPO) must be in place.
• Documentation that the property can be rented out according to the rules of the homeowners’ association.
• Proof of ownership of the property.
• An official complaints book (Hoja de Quejas y Reclamaciones) must be available in the property.

Tighter legislation against illegal occupation

In recent years, several holiday home owners in Southern Europe have experienced their properties being occupied by unauthorised occupants, especially when the properties are empty for long periods. The problem has been exacerbated during the coronavirus pandemic, when travel restrictions led to an increase in the number of unoccupied properties.

The Spanish government is currently working on a bill to make it easier and faster to remove illegal occupants. If the legislation is passed, it will be possible to take action against squatters more quickly and speed up law enforcement.

That said, there is actually a fairly easy and cheap solution to the problem! Buy a securitas alarm for 40-50 euros per month, and you are 100% on the safe side.

Contact homes-abroad.com if you are already renting out or considering renting out your holiday home. We may be able to help you...