Spain's Supreme Court strikes down the single short-term rental registry: what changes

· By the Consultor y Abogado teamChat on WhatsApp

What the Supreme Court has struck down

Since 1 July 2025, anyone advertising a short-term rental (tourist, seasonal or by the room) on platforms such as Airbnb or Booking needed a single registration number, obtained from the Land Registry. It was created by Royal Decree 1312/2024.

In May 2026, the Supreme Court annulled that registry (judgment 620/2026) following an appeal by the Valencian regional government. It held that the State had no power to create a national registry overlapping with the regions' own tourism registers.

What changes for owners

  • You no longer need to obtain the single registration number to advertise the flat.
  • The annual declaration of rentals to the Land Registry disappears.
  • For seasonal and room rentals, which in most regions have no regional register of their own, the obligation to register disappears.

Platforms' obligations under the EU short-term rental regulation remain in place, so they may still ask advertisers for information.

What does not change

The judgment does not legalise any tourist flat. The following still apply:

  • Registration in the regional tourism register for tourist-use homes.
  • The town hall's planning rules, which in the city of Madrid are particularly restrictive on tourist flats.
  • What the homeowners' association's bylaws say. Since 2025, using a flat for tourist purposes requires approval by the owners' meeting.
  • The rules on seasonal rentals: there must be a genuine, temporary reason. If in practice it is the tenant's main home, the courts treat it as a residential lease, with all its protections.

Can you recover what you paid?

Anyone who paid Land Registry fees to obtain the number, or lost income because their listings were removed, may consider making a claim. For now there is no simple refund procedure, and each case requires looking at what was paid, when and which route is best for claiming. The deadlines for claiming are short.

If you own a seasonal or tourist flat and want to know what obligations remain or whether a claim is worth it, we review it in the first consultation, which is free.

Further reading: differences between seasonal and main residence leases and what to check in your rental contract in Madrid.

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