Spain: STR Licences Belong to Properties, Not People

A new legal decision in Spain could change how short-term rental licenses work. But property buyers should not get too excited yet. Spain’s Ministry of Justice has ruled that short-term rental licenses are tied to properties, not to individual owners. This means when you buy a property, the rental license should come with it.

Why This Matters

Many property buyers in Spain want to rent their homes short-term through platforms like Airbnb. Getting permission has become harder since new rules came in on April 3, 2024 which forces anyone wanting to get a new license (or transfer an existing one)  to obtain express consent from at least three-fifths of the community of owners. Properties with licences from before April 3 are protected.

The new ruling suggests buyers might inherit existing licenses automatically. This could make licensed properties more valuable.

The Reality Check

Despite the positive ruling, transferring licences is not straightforward yet. The Andalusian tourism registry still requires several documents when registering a new owner, including express consent from the community of owners where the property is located.

Legal experts say this creates a contradiction. If licences truly belong to properties, why do new owners need community permission for a name change?

This question will likely lead to court battles in the coming months.

What Agents and Buyers Should Do

Property professionals warn against making promises to clients. The situation remains unclear.

Real estate agents should:

• Gather as much information as possible about existing licences
• Check if apartment communities have voted against rentals
• Include special conditions in contracts that allow buyers to withdraw if rental activity cannot be confirmed

Sellers should consider getting legal checks done before listing their properties. This makes transactions smoother and avoids delays.

The Bigger Picture

Spain’s short-term rental regulations are complex and inconsistent. Rules vary between municipalities, making it hard for buyers and agents to give clear advice.

The tourism registry may update its requirements following the Ministry of Justice decision. But this could take time.

For now, anyone buying property for short-term rental should proceed carefully. Get legal advice and build escape clauses into purchase contracts.

Looking Ahead

The ruling is a step toward clarity, but many questions remain unanswered. Property buyers hoping for easy licence transfers may have to wait longer for definitive rules.

Legal battles seem likely if the tourism registry does not change its current requirements. Until then, transparency and careful legal checking remain the best protection for all parties.

The Spanish property market needs clearer rules on short-term rentals. This ruling moves things in the right direction, but the journey is far from over.

This video with Peter Franke of Franke & de la Fuente lawyers, based in Marbella, explains more